231 Pa. Code r. 1920.74

Current through Register Vol. 54, No. 45, November 9, 2024

Rule 1920.74 - Form of Motion for Appointment of Hearing Officer. Order

(a) The motion for appointment of a hearing officer shall be substantially in the following form:

(Caption)

MOTION FOR APPOINTMENT OF HEARING OFFICER

_________(Plaintiff) (Defendant) moves the court to appoint a hearing officer with respect to the following claims:

() Divorce

() Annulment

() Alimony

() Equitable Division of Marital Property

() Counsel Fees

() Costs and Expenses

() Other:_________

and in support of the motion states:

(1) Discovery (is) (is not) complete as to the claim(s) for which the appointment of a hearing officer is requested.

(2) The non-moving party (has) (has not) appeared in the action (personally) (by his or her attorney, ______ , Esquire.

(3) The statutory ground(s) for divorce (is) (are) _____.

(4) If the hearing officer's appointment is for resolution of a divorce, an annulment, or ancillary claims, the parties have complied with Pa.R.C.P. Nos. 1920.31, 1920.33, and 1920.46, as applicable.

(5) Check and complete the applicable paragraph(s):

[](a)The action is not contested.

[](b) An agreement has been reached with respect to the following claims:

_______________________________________________________.

[](c)The action is contested with respect to the following claims:

_______________________________________________________.

(6) The action (involves) (does not involve) complex issues of law or fact.

(7) The hearing is expected to take __________ (hours) (days).

(8) Additional information, if any, relevant to the motion: ____________________

_______________________________________________________.

_______________________________________________________.

Date:____________ _______________

Attorney for

(Plaintiff)

(Defendant)

(b) The order appointing a hearing officer shall be substantially in the following form:

(Caption)

ORDER APPOINTING HEARING OFFICER

AND NOW, _______, 20 ___, ___________________, Esquire, is appointed hearing officer with respect to the following claims: _____________________________.

BY THE COURT:

__________________

MOVING PARTY

NON-MOVING PARTY

Name: Name:

_____________ ___________

Attorney's Name: Attorney's Name:

_____________ ___________

Attorney's Address: Attorney's Address:

_____________ ___________

Attorney's Telephone #: Attorney's Telephone.

_____________ ___________

Attorney's E-Mail: Attorney's E-Mail:

_____________ ___________

Party's Address and Telephone Party's Address and Telephone

# if not represented by counsel: # if not represented by counsel:

_____________ ___________

231 Pa. Code r. 1920.74

The provisions of this Rule 1920.74 adopted January 28, 1983, effective 7/1/1983, 13 Pa.B. 677; amended October 31, 2002, effective immediately, 32 Pa.B. 5632; amended June 30, 2018, effective 1/1/2019, 48 Pa.B. 4960; amended June 3, 2019, effective 10/1/2019, 49 Pa.B. 3059; amended October 19, 2021, effective 1/1/2022, 51 Pa.B. 6764.