Butler Cnty. C.P. L1920.51a Masters Proceedings

L1920.51(a) Masters Proceedings (This rule amended June 25, 2012)

(1) The court may appoint a master to receive evidence, make findings of fact, and

recommend to the court a disposition of all issues referred to the master. Masters may be

appointed, in the court’s discretion, in cases of divorce, equitable distribution, alimony, claims

for counsel fees, expert fees, other litigation expenses, special relief for exclusive possession,

and in any other type of matter authorized by law or rule of court. The issues to be determined

by the master will be framed by the court’s pre-trial order; accordingly, except with leave of

court, there will not be a pre-trial conference before the master.

(2) The court may appoint as a master any attorney licensed to practice law in the

Commonwealth of Pennsylvania, having 10 years experience as a lawyer, including significant

trial experience, or who has 10 years combined experience as a lawyer with trial experience and

as a judge, district justice, master or as a comparable judicial officer, and who possesses, in the

court’s opinion, appropriate knowledge of the legal subjects at issue, and an appropriate

judicial temperament. A master appointed by the Court pursuant to this rule is not precluded

from practicing family law in Butler County.

(3) Masters shall be compensated by the parties to the litigation based on a fee schedule

published by the court from time to time by general administrative order. If, pursuant to

Pa..R.C.P. No. 1920.51(a) (3), a party moves for appointment of a master, the moving party shall

deposit a sum with the prothonotary to cover the master’s initial fee. The amount of deposit

shall be set from time to time by general administrative order. Pursuant to Pa.R.C.P. No.

1920.51(a)(2)(I), the master may direct the parties to deposit further amounts with the

Prothonotary. A Special Divorce Master appointed by the Court shall receive a minimum fee of

$600, unless all matters referred to the Master are settled by written agreement of the parties

filed within 10 days of the date the Order appointing the Master is docketed.

(4) A party filing a motion to compel discovery, a motion for sanctions, a motion to limit

discovery or for a protective order, a motion in limine, or a motion to stay the master’s hearing

must address such application to the court. Other applications, by mutual consent, may be

presented to the master; however, absent mutual consent all other applications shall be

presented to the court.

(5) Once a master is appointed, any document subsequently filed with the court shall be

served upon the master by the filing party. In addition, the prothonotary shall serve the master

with copies of any orders issued.1

Comment: Cases are referred to the Master because it is assumed they will not settle, and

because the Court deems them ready for trial. Masters promptly review the file, schedule

hearings, note concerns with the adequacy of the pretrial statements, discuss stipulations and

deal with other issues. Cases often settle after these preliminary steps are taken. The rule

“Any document” is an all-inclusive term.

recognizes the value of such contributions to the process of resolving cases, even if the parties

do not. Masters should wait 10 days after appointment to expend significant time on the file, to

allow for a quick settlement, for less than the “minimum” fee.