reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.55-2 - Hearing Officer's Report. Notice. Exceptions. Final Decree

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After
				conclusion of the hearing, the hearing officer shall:
(1) file the record and the report within:
(i) twenty days in uncontested actions;
				or
(ii) thirty days from the last
				to occur of the receipt of the transcript by the hearing officer or close of
				the record in contested actions; and
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.55-3 - Hearing Officer's Report. Notice. Hearing De Novo. Final Decree

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No record shall
				be made of the hearing in proceedings held pursuant to this rule.
(b) After the conclusion of hearing, the
				hearing officer shall:
(1) file the report
				within:
(i) twenty days in uncontested
				actions; or
(ii) thirty days in
				contested actions; and
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.61 - Testimony Outside the County

Current through Register Vol. 54, No. 28, July 13, 2024
On motion of a party and upon such terms as it may order, the
				  court may authorize and direct the hearing officer to take testimony of
				  witnesses within any other county of the Commonwealth or in any other state or
				  territory subject to the jurisdiction of the United States, or in any foreign
				  country.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.62 - Proceedings by Indigent Parties

Current through Register Vol. 54, No. 28, July 13, 2024
The procedures set forth in Rule 240 are incorporated herein,
				  and shall govern proceedings by indigent parties in divorce and
				  annulment.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.71 - Form of Notice

Current through Register Vol. 54, No. 28, July 13, 2024
The notice required by Rule
				  1920.12(c) shall
				  be substantially in the following form:
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against
				  the claims set forth in the following pages, you must take prompt action. You
				  are warned that if you fail to do so, the case may proceed without you and a
				  decree of divorce or annulment may be entered against you by the court. A
				  judgment may also be entered against you for any other claim or relief
				  requested in these papers by the plaintiff. You may lose money or property or
				  other rights important to you, including custody of your children.
When the ground for the divorce is indignities or
				  irretrievable breakdown of the marriage, you may request marriage counseling. A
				  list of marriage counselors is available in the Office of the
				  Prothonotary.
__________________________________
(Room Number-Address)
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
				  LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR AN ANNULMENT IS GRANTED, YOU MAY
				  LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
				  NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
				  CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
				  ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
				  SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
_______________
(Name)
_______________
(Address)
_______________
(Telephone number)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.72 - Form of Complaint. Affidavits under Section 3301(c) or Section 3301(d) of the Divorce Code. Counter-Affidavits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The complaint in an action of divorce
				under Section 3301(c) or Section 3301(d) shall begin with the Notice to Defend
				and Claim Rights required by Pa.R.C.P. No. 1920.71 and shall be substantially
				in the following form:
Click to
				  view image
(b) The
				Affidavit of Consent required by Section 3301(c) of the Divorce Code and
				Pa.R.C.P. No. 1920.42(a)(1)(ii) or (b)(1)(ii) shall be substantially in the
				following form:
(Caption)
AFFIDAVIT OF CONSENT
1. A Complaint in divorce under Section
				3301(c) of the Divorce Code was filed on_____________________________
(Date)
and served on the defendant on_________.
(Date)
2.
				The marriage of plaintiff and defendant is irretrievably broken and 90 days
				have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree
				of divorce after service of the Notice of Intention to File Praecipe to
				Transmit Record.
I verify that the statements made in this affidavit are true
				  and correct. I understand that false statements herein are made subject to the
				  penalties of
				  18 Pa.C.S. §
												4904
				  relating to unsworn falsification to authorities.
Date:___________________ __________
(PLAINTIFF)
(DEFENDANT)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.74 - Form of Motion for Appointment of Hearing Officer. Order

Current through Register Vol. 54, No. 28, July 13, 2024
(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)
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.76 - Form of Divorce Decree

Current through Register Vol. 54, No. 28, July 13, 2024
A decree in divorce shall be substantially in the following
				  form:
(Caption)
DECREE
AND NOW, _________________ , 20____, it is ordered and
				  decreed that __________, plaintiff, and___________ , defendant, are divorced
				  from the bonds of matrimony.
The parties shall reaffirm or change the beneficiary status
				  on any life insurance policies, annuity contracts, pensions, profit sharing
				  plans, or other contractual arrangements providing for payment to a spouse if
				  it is the intention of one of the parties to keep or change the other party as
				  a beneficiary. Failure to do so may result in revocation of the beneficiary
				  designation pursuant to
				  20 Pa.C.S. §
										6111.2
				  (Effect of Divorce or Pending Divorce on Designation of Beneficiaries).
The court retains jurisdiction of any claims raised by the
				  parties to this action for which a final order has not yet been entered.
Any existing spousal support order shall hereafter be deemed
				  an order for alimony pendente lite if any economic claims remain
				  pending.
BY THE COURT:
____________________
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.91 - Suspension of Acts of Assembly

Current through Register Vol. 54, No. 28, July 13, 2024
The following Acts of Assembly are suspended insofar as they
				  apply to the practice and procedure in actions for divorce or annulment of
				  marriage to the extent hereinafter set forth:
(1) Section 3104(e) of the Domestic Relations
				Code,
				23 Pa.C.S. §
										3104(e),
				absolutely;
(2) Section 3505(b) of
				the Domestic Relations Code,
				23 Pa.C.S. §
										3505(b),
				absolutely;
(3) Section 3321 of the
				Domestic Relations Code,
				23 Pa.C.S. §
										3321,
				insofar as it prohibits the appointment of hearing officers in partial custody
				or visitation matters.
(4) And all
				other Acts or parts of Acts of Assembly inconsistent with these rules to the
				extent of such inconsistency.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE › Rule 1920.92 - Effective Date. Pending Actions

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall become effective July 1, 1980. They shall
				  not affect any suit or action pending on that date, but the case may be
				  proceeded with and concluded under the rules in existence when such suit or
				  action was instituted notwithstanding their rescission by this order, unless,
				  upon application granted, the court orders that the action proceed under the
				  Divorce Code and these rules.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1930 - RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY › Rule 1930.1 - Form of Caption. Confidential Information and Confidential Documents. Certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Form of Caption.
(1) Except
				as set forth in subdivision (2), the caption in a domestic relations matter
				shall include the parties' full names. The form of the caption shall be
				substantially in the following form:
Click to
				  view image
(2) In
				a custody action, the court may order that the case caption contain the
				parties' initials rather than the parties' names based on the sensitive nature
				of the facts in the case record and the child's best interest.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1930 - RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY › Rule 1930.2 - No Post-trial Practice. Motions for Reconsideration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) There shall be
				no motions for post-trial relief in any domestic relations matter, including
				Protection of Victims of Sexual Violence or Intimidation matters.
(b) A party aggrieved by the decision of the
				court may file a motion for reconsideration in accordance with Pa.R.A.P.
				1701(b)(3). If the court does not grant the motion for reconsideration within
				the time permitted, the time for filing a notice of appeal will run as if the
				motion for reconsideration had never been presented to the court.
(c) The court shall render its reconsidered
				decision within 120 days of the date the motion for reconsideration is granted,
				except as set forth in subdivision (e). If the court's decision is not rendered
				within 120 days, the motion shall be deemed denied.
(d) If the court does not enter a
				reconsidered decision within 120 days, the time for filing a notice of appeal
				will begin to run anew from the date of entry of the reconsidered decision or
				from the 121st day after the motion for reconsideration was granted.
(e) If the court grants the motion for
				reconsideration and files its order within the 30-day appeal period, the court
				may issue an order during the applicable 120-day period directing that
				additional testimony be taken. If the court issues an order for additional
				testimony, the reconsidered decision need not be rendered within 120 days, and
				the time for filing a notice of appeal will run from the date the reconsidered
				decision is rendered.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1930 - RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY › Rule 1930.3 - Testimony by Electronic Means

Current through Register Vol. 54, No. 28, July 13, 2024
With the approval of the court upon good cause shown, a party
				  or witness may be deposed or testify by telephone, audiovisual or other
				  electronic means at a designated location in all domestic relations
				  matters.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1930 - RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY › Rule 1930.4 - Service of Original Process in Domestic Relations Matters

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Personal Service.
(1)
Persons Who May Serve
. A sheriff or competent adult, as
				defined in Pa.R.Civ.P. 76, may effectuate personal service of original process
				in domestic relations matters, including Protection of Victims of Sexual
				Violence or Intimidation matters.
(2)
Manner of Service
.
(i) A sheriff or competent adult may serve
				original process:
(A) by handing a copy of the
				original process to the defendant;
(B) at the defendant's residence by handing a
				copy of the original process to:
(I) an adult
				member of the family with whom the defendant resides; but if an adult family
				member is unavailable, then to an adult in charge of the residence;
				or
(II) The clerk or manager of the
				hotel, inn, apartment house, boarding house, or other place of lodging;
				or
(C) at the defendant's
				office or usual place of business by handing a copy of the original process to
				the defendant's agent or the person for the time being in charge;
				or
(ii) pursuant to
				special order of court.
(3)
Service in Protection From Abuse
				and Protection of Victims of Sexual Violence or Intimidation Matters.
(i) If the sheriff or competent adult cannot
				complete personal service within 48 hours after a Protection From Abuse or a
				Protection of Victims of Sexual Violence or Intimidation petition is filed, the
				court may authorize alternative service by special order as set forth in
				subdivision (a)(2)(ii).
(ii)
				Alternative service may include, but is not limited to, service by mail
				pursuant to subdivision (b) or service by commercial carrier pursuant to
				subdivision (c).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1930 - RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY › Rule 1930.5 - Discovery in Domestic Relations Matters

Current through Register Vol. 54, No. 28, July 13, 2024
(a) There shall be no discovery in a simple
				support, custody, Protection from Abuse, or Protection of Victims of Sexual
				Violence or Intimidation proceedings unless authorized by order of
				court.
(b) Discovery shall be
				available without leave of court in accordance with Pa.R.C.P. Nos. 4001-4025 in
				alimony, equitable distribution, counsel fees and expense, and complex support
				proceedings.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1930 - RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY › Rule 1930.7 - Status Conference

Current through Register Vol. 54, No. 28, July 13, 2024
At any time in the proceedings, the court, the court's
				  designee or the hearing officer,
sua sponte
or upon
				  application of any party, may hold a status conference, in person or by any
				  other means permitted by these rules, with the parties' counsel, the parties
				  and counsel, or self-represented parties in order to review the case status and
				  expedite the litigation.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1930 - RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY › Rule 1930.8 - Self-Represented Party

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party
				representing himself or herself shall enter a written appearance which shall
				state an address, which need not be his or her home address, where the party
				agrees that pleadings and other legal papers may be served, and a telephone
				number through which the party may be contacted. The entry of appearance may
				include a facsimile number as provided by Pa.R.C.P. No. 1012.
(b) A self-represented party is under a
				continuing obligation to provide current contact information to the court, to
				other self-represented parties, and to attorneys of record.
(c) When a party has an attorney of record,
				the party may assert his or her self-representation by:
(1) Filing a written entry of appearance and
				directing the prothonotary/court clerk to remove the name of his or her counsel
				of record with contemporaneous notice to said counsel, or
(2) Filing an entry of appearance with the
				withdrawal of appearance signed by his or her attorney of record.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1930 - RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY › Rule 1930.9 - Family Court Forms

Current through Register Vol. 54, No. 28, July 13, 2024
Forms adopted by the Supreme Court of Pennsylvania and
				  included in the Pennsylvania Rules of Civil Procedure relating to the practice
				  and procedure of domestic relations matters shall be accepted for filing in all
				  jurisdictions. Some of these forms may be maintained for public access at a
				  website designated by the Supreme Court of Pennsylvania.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1930 - RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY › Rule 1931 - Family Court Rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Actions Governed by These Rules.
(1)
Divorce, Annulment, Dissolution
				of Marriage.
(i) Equitable
				Distribution.
(ii) Alimony/Alimony
				Pendente Lite.
(iii) Counsel Fees,
				Costs and Expenses.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1940 - VOLUNTARY MEDIATION IN CUSTODY ACTIONS › Rule 1940.1 - Applicability of Rules to Mediation

Current through Register Vol. 54, No. 28, July 13, 2024
The rules in this chapter shall apply to all
				  court-established custody mediation programs and to any court-ordered mediation
				  of individual custody cases.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1940 - VOLUNTARY MEDIATION IN CUSTODY ACTIONS › Rule 1940.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this Chapter, the following terms shall have the
				  following meanings:
"Mediation," the confidential process by which a neutral
				  mediator assists the parties in attempting to reach a mutually acceptable
				  agreement on issues arising in a custody action. Mediation is not a court
				  proceeding; rather, it is an independent, non-record proceeding in lieu of
				  court involvement for the purpose of assisting the parties to address the
				  child's best interest. An agreement reached by the parties must be based on the
				  voluntary decisions of the parties and not the decision of the mediator. The
				  agreement may resolve all or only some of the disputed issues. The parties are
				  required to mediate in good faith but are not compelled to reach an agreement.
				  While mediation is an alternative means of conflict resolution, it is not a
				  substitute for the benefit of legal advice. The participants in mediation shall
				  be limited to the parties to the custody action, primarily the child's parents
				  and persons acting as parents. Except as provided in Pa.R.C.P. No. 1940.5(c),
				  non-parties, including children, grandparents, and the parties' attorneys,
				  shall not participate in the mediation.
"Memorandum of Understanding," the written document prepared
				  by a mediator that contains and summarizes the resolution reached by the
				  parties during mediation. A Memorandum of Understanding is primarily for the
				  benefit of the parties and is not legally binding on either party.
"Orientation Session," the initial process of educating the
				  parties on the mediation process so that they can make an informed choice about
				  continued participation in mediation. This process may be mandated by the court
				  and may be structured to include either group or individual sessions. An
				  orientation session may also include an educational program for parents and
				  children on the process of divorce and separation and the benefits of mediation
				  in resolving custody disputes.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1940 - VOLUNTARY MEDIATION IN CUSTODY ACTIONS › Rule 1940.3 - Order for Orientation Session and Mediation. Selection of Mediator

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
				provided in (b), the court may order the parties to attend an orientation
				session at any time upon motion by a party, stipulation of the parties, or the
				court's own initiative.
(b) The
				court may not order an orientation session if a party or a child of either
				party is or has been the subject of domestic violence or child abuse either
				during the pendency of the action or within 24 months preceding the filing of
				the action.
(c) Following the
				orientation session and with the consent of the parties, the court may refer
				the parties to mediation. The mediation may address any issues agreed to by the
				parties unless limited by court order.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1940 - VOLUNTARY MEDIATION IN CUSTODY ACTIONS › Rule 1940.4 - Minimum Qualifications of the Mediator

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A mediator must have at least the
				following qualifications:
(1) a bachelor's
				degree and practical experience in law, psychiatry, psychology, counseling,
				family therapy or any comparable behavioral or social science field;
(2) successful completion of basic training
				in domestic and family violence or child abuse and a divorce and custody
				mediation program approved by the Association for Conflict Resolution, American
				Bar Association, American Academy of Matrimonial Lawyers, or Administrative
				Office of Pennsylvania Courts;
(3)
				mediation professional liability insurance; and
(4) additional mediation training consisting
				of a minimum of 4 mediated cases totaling 10 hours under the supervision of a
				mediator who has complied with subdivisions (1) through (3) above and is
				approved by the court to supervise other mediators.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1940 - VOLUNTARY MEDIATION IN CUSTODY ACTIONS › Rule 1940.5 - Duties of the Mediator. Role of the Mediator

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As part of the orientation session, the
				mediator must inform the parties in writing of the following:
(1) The costs of mediation;
(2) The process of mediation;
(3) that the mediator does not represent
				either or both of the parties;
(4)
				The nature and extent of any relationships with the parties and any personal,
				financial, or other interests that could result in a bias or conflict of
				interest;
(5) that mediation is not
				a substitute for the benefit of independent legal advice; and
(6) that the parties should obtain legal
				assistance for drafting any agreement or for reviewing any agreement drafted by
				the other party.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1940 - VOLUNTARY MEDIATION IN CUSTODY ACTIONS › Rule 1940.6 - Termination of Mediation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Mediation shall terminate upon the earliest of the following circumstances to
				occur:
(1) a determination by the mediator
				that the parties are unable to reach a resolution regarding all of the issues
				subject to mediation;
(2) a
				determination by the mediator that the parties have reached a resolution
				regarding all of the issues subject to mediation;
(3) a determination by the mediator that the
				parties have reached a partial resolution and that further mediation will not
				resolve the remaining issues subject to mediation; or
(4) a determination by the mediator that the
				proceedings are inappropriate for mediation.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1940 - VOLUNTARY MEDIATION IN CUSTODY ACTIONS › Rule 1940.8 - Sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
On its own motion or a party's motion, the court may impose
				  sanctions against any party or attorney who fails to comply or causes a party
				  not to comply with these mediation rules. Sanctions may include an award of
				  mediation costs and attorney fees, including those reasonably incurred in
				  pursuing the sanctions.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1940 - VOLUNTARY MEDIATION IN CUSTODY ACTIONS › Rule 1940.9 - Effective Date

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall not affect any existing mediation program
				  established in any judicial district pursuant to local rule prior to October
				  29, 1999. However, any changes or amendments to any existing program shall be
				  consistent with these rules.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1950 - ACTIONS PURSUANT TO THE PROTECTION OF VICTIMS OF SEXUAL VIOLENCE OR INTIMIDATION ACT › Rule 1951 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter:
the Act
-Act of Mar. 21, 2014, P. L. 365, No.
				  25 relating to the protection of victims of sexual violence or intimidation,
				  42 Pa.C.S. §§
										62A 01-62A20.
action
-a proceeding for protection from
				  sexual violence or intimidation as defined in § 62A03 of the Act.
court
-the court of common pleas.
emergency order
-an order entered by a
				  hearing officer, who is a person satisfying the definition set forth in
				  42 Pa.C.S. §
										62A
				  03.
fees
-any fees or costs, including but not
				  limited to the filing, issuance, registration, service or appeal of a
				  protection action under the Act, including any foreign protection order.
temporary order or temporary protection
				  order
-an
ex parte
order entered by the court pursuant
				  to
				  42 Pa.C.S. §
										62A
				  06(b).
plaintiff
-an individual who applies for a
				  protection order, either for the benefit of that individual or on behalf of
				  another individual.
protection order or order
-an order issued
				  under the Act.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1950 - ACTIONS PURSUANT TO THE PROTECTION OF VICTIMS OF SEXUAL VIOLENCE OR INTIMIDATION ACT › Rule 1952 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An action for
				protection of victims of sexual violence or intimidation may be brought in a
				county where:
(1) the plaintiff resides,
				either temporarily or permanently;
(2) the plaintiff is employed;
(3) the defendant may be served; or
(4) the sexual violence or intimidation
				occurred.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1950 - ACTIONS PURSUANT TO THE PROTECTION OF VICTIMS OF SEXUAL VIOLENCE OR INTIMIDATION ACT › Rule 1953 - Commencement of Action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
				provided in subdivision (b), an action shall be commenced by filing with the
				prothonotary a petition alleging the need for protection from the defendant
				with respect to sexual violence or intimidation. The petition shall be
				identical in content to the form set forth in Pa.R.C.P. No. 1959(b) and shall
				have the Notice of Hearing and Order set forth in Pa.R.C.P. No. 1959(a) as the
				first page(s).
(b) If an emergency
				order has been entered pursuant to
				42 Pa.C.S. §
										62A 09,
				an action shall be commenced by filing with the prothonotary the certified
				emergency order and any documentation in support.
(c) Any fees associated with this action
				shall not be charged to the plaintiff.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1950 - ACTIONS PURSUANT TO THE PROTECTION OF VICTIMS OF SEXUAL VIOLENCE OR INTIMIDATION ACT › Rule 1954 - Service of Original Process. Registration of Order. Service of Petition and Order. Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Service of
				the petition or certified emergency order, the notice and order scheduling the
				hearing and any temporary order in a protection of victims of sexual violence
				and intimidation action shall be in accordance with Pa.R.C.P. No. 1930.4 and
				consistent with the rules for service in protection from abuse
				matters.
(b) An Affidavit of
				Service, substantially in the form set forth in Pa.R.C.P. No. 1959(d), shall be
				filed with the prothonotary.
(c)
				Within 24 hours of entry of a protection order under the Act, the prothonotary
				shall transmit a copy of the order to the Pennsylvania State Police Statewide
				Registry in the manner prescribed by the Pennsylvania State Police.
(d) If a petition alleges an act of sexual
				violence perpetrated on a minor child, the prothonotary shall serve a copy of
				the petition and any protection order entered under the Act to the Department
				of Human Services of the Commonwealth and the county children and youth social
				service agency in the jurisdiction where the order was entered.
(e) Within two business days of any
				protection order under the Act being entered, the prothonotary shall serve a
				copy of the order to the police department, sheriff and district attorney in
				the jurisdiction where the order was entered.
(f) No fee shall be charged to the plaintiff
				for service of any protection order or pleading or for the registration, filing
				and service of any foreign protection order.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1950 - ACTIONS PURSUANT TO THE PROTECTION OF VICTIMS OF SEXUAL VIOLENCE OR INTIMIDATION ACT › Rule 1955 - Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
A plaintiff may file a private criminal complaint against a
				  defendant alleging indirect criminal contempt for a violation of any provision
				  of a protection order or agreement with the court, the Office of the District
				  Attorney or the magisterial district judge in the jurisdiction or county where
				  the violation occurred. However, in a county of the first class, a complaint
				  may be filed only with the Family Division of the Court of Common Pleas or the
				  Office of the District Attorney.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1950 - ACTIONS PURSUANT TO THE PROTECTION OF VICTIMS OF SEXUAL VIOLENCE OR INTIMIDATION ACT › Rule 1956 - No Responsive Pleading Required

Current through Register Vol. 54, No. 28, July 13, 2024
No pleading need be filed in response to the petition or the
				  certified emergency order. All averments not admitted shall be deemed
				  denied.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1950 - ACTIONS PURSUANT TO THE PROTECTION OF VICTIMS OF SEXUAL VIOLENCE OR INTIMIDATION ACT › Rule 1957 - Decision. Post-Trial Relief

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				decision of the court may consist of only general findings of sexual violence
				and/or intimidation, but shall dispose of all claims for relief. The court's
				final order shall be rendered identical in content to the form set forth in
				Pa.R.C.P. No. 1959(e).
(b) No
				motion for post-trial relief may be filed to the final order.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1950 - ACTIONS PURSUANT TO THE PROTECTION OF VICTIMS OF SEXUAL VIOLENCE OR INTIMIDATION ACT › Rule 1958 - Discontinuance or Modification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
				cases in which a temporary protection order has not yet been granted or has
				been denied, a plaintiff in a protection of victims of sexual violence or
				intimidation action, who wishes to discontinue the action, may file a praecipe
				to discontinue, pursuant to Pa.R.C.P. No. 229, prior to the final order
				hearing. The plaintiff also may request the discontinuance by oral motion at a
				hearing.
(b) In cases in which a
				temporary protection order has been granted, a plaintiff who wishes to vacate
				the temporary order and discontinue the action shall either file a petition
				with the court prior to the final order hearing or make the request by oral
				motion at the final order hearing.
(c) If either party seeks a modification
				after a final protection order has been entered, the party shall petition the
				court to modify the final order. Modification may be ordered after the filing
				and service of the petition and a hearing on the petition pursuant to
				42 Pa.C.S. §
										62A
				17.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1950 - ACTIONS PURSUANT TO THE PROTECTION OF VICTIMS OF SEXUAL VIOLENCE OR INTIMIDATION ACT › Rule 1959 - Forms for Use in Protection of Victims of Sexual Violence or Intimidation Actions. Notice and Hearing. Petition. Temporary Protection Order. Final Protection Order

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Notice
				of Hearing and Order required by Pa.R.C.P. No. 1953 shall be identical in
				content to the following form:
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Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2000 - ACTIONS BY REAL PARTIES IN INTEREST › Rule 2001 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter
"action" means any civil action or proceeding brought in or
				  appealed to any court of record which is subject to these
				  rules.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2000 - ACTIONS BY REAL PARTIES IN INTEREST › Rule 2002 - Prosecution of Actions by Real Parties in Interest. Exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
				otherwise provided in clauses (b), (c) and (d) of this rule, all actions shall
				be prosecuted by and in the name of the real party in interest, without
				distinction between contracts under seal and parol contracts.
(b) A plaintiff may sue in his or her own
				name without joining as plaintiff or use-plaintiff any person beneficially
				interested when such plaintiff
(1) is acting
				in a fiduciary or representative capacity, which capacity is disclosed in the
				caption and in the plaintiff's initial pleading; or
(2) is a person with whom or in whose name a
				contract has been made for the benefit of another.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2000 - ACTIONS BY REAL PARTIES IN INTEREST › Rule 2003 - Defenses, Counterclaims and Setoffs

Current through Register Vol. 54, No. 28, July 13, 2024
The prosecution of any action in the name of the real party
				  in interest shall not affect any defense, counterclaim or setoff which might
				  otherwise be asserted against the claim or demand thus
				  prosecuted.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2000 - ACTIONS BY REAL PARTIES IN INTEREST › Rule 2004 - Transfer of Interest in Pending Action

Current through Register Vol. 54, No. 28, July 13, 2024
If a plaintiff has commenced an action in his or her own name
				  and thereafter transfers the interest therein, in whole or in part, the action
				  may continue in the name of the original plaintiff, or upon petition of the
				  original plaintiff or of the transferee or of any other party in interest in
				  the action, the court may direct the transferee to be substituted as plaintiff
				  or joined with the original plaintiff.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2000 - ACTIONS BY REAL PARTIES IN INTEREST › Rule 2005 - Unknown Defendant. Doe Designation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				This rule shall only apply to
in personam
actions.
(b) The plaintiff or joining party may
				designate an unknown defendant by a Doe designation in a complaint provided
				that:
(1) a defendant's actual name is unknown
				to the plaintiff or joining party after having conducted a reasonable search
				with due diligence;
(2) the Doe
				designation is averred to be fictitious;
(3) a factual description of the unknown
				defendant is averred with sufficient particularity for identification;
				and
(4) the plaintiff or joining
				party avers that a reasonable search to determine the actual name has been
				conducted.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2000 - ACTIONS BY REAL PARTIES IN INTEREST › Rule 2024 - Effective Date. Pending Actions

Current through Register Vol. 54, No. 28, July 13, 2024
These rules shall become effective on the fourth day of
				  September, 1939, but shall not apply to actions pending at that
				  time.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2020 - MINORS AS PARTIES › Rule 2026 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter
"action" means any civil action or proceeding brought in or
				  appealed to any court of record which is subject to these rules;
"guardian," except where the context otherwise indicates,
				  means the party representing the interest of a minor party in any action,
				  whether as (a) the guardian of a minor appointed by any court of competent
				  jurisdiction, (b) a person in the nature of a next friend selected to represent
				  a minor plaintiff in an action, or (c) a guardian ad litem specially appointed
				  by the court in which the action is pending;
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2020 - MINORS AS PARTIES › Rule 2027 - Guardian to Represent Minor

Current through Register Vol. 54, No. 28, July 13, 2024
When a party to an action, a minor shall be represented by a
				  guardian who shall supervise and control the conduct of the action in behalf of
				  the minor.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2020 - MINORS AS PARTIES › Rule 2028 - Actions By and Against Minors. Averments in Plaintiff's Pleading

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An action in
				which a minor is plaintiff shall be entitled "A, a Minor, by B, Guardian,"
				against the party defendant. The minor shall be designated by the initials of
				his or her first and last name.
(b)
				The initial pleading filed in behalf of a minor plaintiff shall state the name
				and address of his or her guardian and the guardian's relationship, if any, to
				the subject matter of the action or to any of the parties thereto. In case the
				person selected as guardian is a guardian appointed by any court of competent
				jurisdiction or by a will duly probated, the initial pleading shall contain a
				reference to the record of the appointment.
(c) An action in which a minor is the
				defendant shall be commenced against the minor in the manner in which a like
				action is commenced against an adult. The minor shall be designated by the
				initials of his or her first and last name.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2020 - MINORS AS PARTIES › Rule 2030 - Setoffs and Counterclaims

Current through Register Vol. 54, No. 28, July 13, 2024
In an action brought on behalf of a minor the defendant may
				  assert any setoff or counterclaim which the defendant has against the
				  minor.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2020 - MINORS AS PARTIES › Rule 2031 - Selection and Appointment of Guardians

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A minor plaintiff may select a guardian,
				but such selection shall not bar the court from removing the guardian for cause
				in accordance with these rules.
(b)
				If a minor party to an action is not represented, the court shall appoint a
				guardian for the minor either upon its own motion or upon the petition of (1)
				the minor party, (2) a guardian of the minor appointed by any court of
				competent jurisdiction, or by a will duly probated, (3) any relative of the
				minor, or (4) any other party to the action.
(c) The petition shall state the name and
				address of the person proposed as guardian, and the guardian's relationship, if
				any, to the subject matter of the action or to any of the parties thereto. In
				case the person proposed as guardian is a guardian appointed by any court of
				competent jurisdiction or by a will duly probated, the petition shall contain a
				reference to the record of such appointment.
(d) When the petition is filed by the minor
				the court may make the appointment ex parte.
(e) When the petition is filed by a person
				other than the minor, the court shall direct a rule to be served upon the minor
				or upon such other person as the court may designate to show cause why the
				prayer of the petition should not be granted.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2020 - MINORS AS PARTIES › Rule 2032 - Affidavit as to Age

Current through Register Vol. 54, No. 28, July 13, 2024
A party to an action may file and serve on any other party
				  thereto a rule as of course to file of record an affidavit setting forth
				  whether the other party is an adult or a minor.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2020 - MINORS AS PARTIES › Rule 2033 - Removal of Guardian

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				person who is entitled to apply for the appointment of a guardian for a minor
				may petition the court for a rule to show cause why the guardian representing
				the minor in an action should not be removed and another guardian be
				substituted.
(b) The petition shall
				be in substantially the same form as the petition for the appointment of a
				guardian under these rules and shall set forth the reasons why the substitution
				should be made.
(c) The court upon
				the petition, or on its own motion, shall make such substitution when it deems
				the same advisable.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2020 - MINORS AS PARTIES › Rule 2034 - Procedure When Minority of a Party is Ascertained

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the minority of a party is ascertained
				before trial, the only remedy available to any other party desiring to object
				to the non-representation of the minor shall be the right to apply for the
				appointment of a guardian for the minor and a stay of proceedings pending such
				appointment.
(b) If the minority of
				a party is first ascertained during the trial, the court may forthwith appoint
				a guardian of its own motion or upon the oral application of any person
				entitled under these rules to file a petition for the appointment of a
				guardian. In such cases the information required by these rules in petitions
				for such appointments shall be stated on the record.
(c) If the appointment of a guardian is made
				during the trial, the court may grant a continuance to enable the guardian
				properly to present the minor's case. The court may refuse a continuance if the
				minor has previously filed an affidavit asserting his or her
				majority.
(d) If, after the
				conclusion of the trial, or after the entry of a finding, verdict or judgment
				against a minor, application is made for the appointment of a guardian for a
				minor against whom any relief is sought, the court shall, in either case,
				forthwith appoint a guardian for such minor, and may vacate the finding,
				verdict or judgment and may enter an order in the nature of a
				procedendo.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2020 - MINORS AS PARTIES › Rule 2035 - Nonsuit. Directed Verdict. Judgment Notwithstanding the Verdict. New Trials

Current through Register Vol. 54, No. 28, July 13, 2024
The non-representation of a minor plaintiff may not be
				  assigned by a defendant as a ground for a nonsuit, directed verdict, or
				  judgment in favor of any party, but may be assigned by the minor plaintiff as
				  ground for a new trial when a setoff or counterclaim has been successfully
				  asserted against the minor plaintiff.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2020 - MINORS AS PARTIES › Rule 2036 - Affidavits by Minors

Current through Register Vol. 54, No. 28, July 13, 2024
Affidavits which are required to be made by a party to an
				  action, including affidavits to the pleadings, may be made by a minor if the
				  minor has sufficient mental capacity to understand the contents of the paper to
				  which the affidavit is made and to appear in court as a witness. If the minor
				  lacks such capacity, such affidavits shall be made by any competent person
				  having knowledge or information as to the facts averred therein and shall state
				  the reason for the minor's lack of capacity to make such
				  affidavit.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2020 - MINORS AS PARTIES › Rule 2037 - Minor Becoming of Age During Pendency of Action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a minor reaches majority during the
				pendency of the action, the minor or the minor's guardian may have the record
				amended to remove the name of the guardian.
(b) When such amendment of the record has
				been completed, the guardian shall be relieved of all liability for
				costs.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 2020 - MINORS AS PARTIES › Rule 2038 - Judgments and Costs

Current through Register Vol. 54, No. 28, July 13, 2024
A judgment entered in an action shall be the obligation of
				  the minor only. A guardian shall not be individually liable for the payment of
				  any judgment entered against the minor. The guardian shall also not be
				  individually liable for any of the costs of the action except costs taxed
				  against a minor plaintiff, and costs taxed against a minor defendant asserting
				  a setoff or counterclaim.