Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 1915 - ACTIONS FOR CUSTODY OF MINOR CHILDREN › Rule 1915.4 - Prompt Disposition of Custody Cases

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Initial Contact With the Court.
Depending upon the procedure
				in the judicial district, the parties' initial in-person contact with the court
				(including, but not limited to a conference with a conference officer pursuant
				to Rule 1915.4 -2, a conference with a
				judge, conciliation, mediation and/or class/seminar) shall be scheduled to
				occur not later than 45 days from the filing of a complaint or
				petition.
(b)
Listing
				Trials Before the Court.
Depending upon the procedure in the judicial
				district, within 180 days of the filing of the complaint either the court shall
				automatically enter an order scheduling a trial before a judge or a party shall
				file a praecipe, motion or request for trial, except as otherwise provided in
				this subdivision. If it is not the practice of the court to automatically
				schedule trials and neither party files a praecipe, motion or request for trial
				within 180 days of filing of the pleading, the court shall, sua sponte or on
				motion of a party, dismiss the matter unless a party has been granted an
				extension for good cause shown, or the court finds that dismissal is not in the
				best interests of the child. The extension shall not exceed 60 days beyond the
				180 day limit. A further reasonable extension may be granted by the court upon
				agreement of the parties or when the court finds, on the record, compelling
				circumstances for a further reasonable extension. If an extension is granted
				and, thereafter, neither party files a praecipe, motion or request for trial
				within the time period allowed by the extension, the court shall, sua sponte or
				on the motion of a party, dismiss the matter unless the court finds that
				dismissal is not in the best interests of the child. A motion to dismiss,
				pursuant to this rule, shall be filed and served upon the opposing party. The
				opposing party shall have 20 days from the date of service to file an
				objection. If no objection is filed, the court shall dismiss the case. Prior to
				a sua sponte dismissal, the court shall notify the parties of an intent to
				dismiss the case unless an objection is filed within 20 days of the date of the
				notice.
(c)
Trial.
Trials before a judge shall commence within 90 days of the date the scheduling
				order is entered. Trials and hearings shall be scheduled to be heard on
				consecutive days whenever possible but, if not on consecutive days, then the
				trial or hearing shall be concluded not later than 45 days from
				commencement.
(d)
Prompt
				Decisions.
The judge's decision shall be entered and filed within 15
				days of the date upon which the trial is concluded unless, within that time,
				the court extends the date for such decision by order entered of record showing
				good cause for the extension. In no event shall an extension delay the entry of
				the court's decision more than 45 days after the conclusion of trial.
(e)
Emergency or Special Relief.
Nothing in this rule shall preclude a party from seeking, nor a court
				from ordering, emergency or interim special relief at any time after the
				commencement of the action.