Luzerne Cnty. C.P. Family Court Rules Rule 208.3(c)

Responses to Requests for Production of Documents

A Motion to Compel Answers to Interrogatories and/or Responses to

Requests for Production of Documents, where no objections have been filed, shall be

presented to the Motions Judge, either in person or by e-mail to

familycourtmotions@luzernecounty.org, along with a proposed order requiring the

opposing party to provide full and complete answers and/or responses within thirty (30)

days or suffer such sanctions as the court deems necessary.

Notice of Intention to Present any such Motions to Compel must be provided to all

parties of record not less than three (3) business days prior to the date of presentation and

must be attached to the Motion. A brief in support of the Motion shall not be required.

SUPPORT RULES

Rule 1910.1. Scope

Except as otherwise stated, the practice and procedure to enforce a duty of

support obligation to pay alimony pendente lite or alimony shall be governed by

Pennsylvania Rules of Civil Procedure 1910.1 to 1910.50.

Rule 1910.4-1. Domestic Relations Section

(a) The Court of Common Pleas of Luzerne County hereby establishes the

Domestic Relations Section.

(b) The Clerk of the Domestic Relations Section shall be appointed by the Court

and known as the Recording Clerk.

(c) Powers

The Director, Deputy Director, Conference Officer, Domestic Relations Support

Officer, Probation/Enforcement Officer and Domestic Relations Hearing Officer shall have

the power and duty to administer oaths and affirmation in all actions and proceedings

relating to support, alimony pendent lite or alimony and to exercise such other powers and

perform such other duties relating thereto as may be necessary for the performance of the

functions of the Section and/or as directed by Order or Rule of Court.

Rule 1910.6-1. Representation

Representation in all matters relating to support, alimony pendente lite or an

enforcement of an alimony obligation shall be governed by Pa. R.C.P. 1930.8 including,

specifically, withdrawal of counsel.

Rule 1910.10. Hearing Procedures

Pursuant to certification of the President Judge of this Judicial District, all support

and alimony pendente lite proceedings shall be conducted in accordance with Pa. R.C.P.

1910.12.

Rule 1910.12 (e). Brief on Exceptions

Within ten (10) days of the filing of exceptions by either party, the proponent shall

file with the Domestic Relations Recording Clerk a comprehensive brief in support of the

exceptions, unless the time for filing the brief is extended upon court order for good cause.

The opposing party’s brief shall be filed within ten (10) days of the proponent’s brief. Copies

of briefs shall be served upon the opposing party or counsel. If the party filing the

exceptions fails to file a brief, the Court may dismiss the exceptions.

Rule 1910.12.1. Continuances

(a) Requests to continue a conference shall be made to the assigned conference

officer no later than forty-eight (48) hours before the time set for the conference with notice

to the opposing party or counsel. No hearing scheduled before the Hearing Officer shall be

continued in the absence of a written Motion, signed by the party and his or her attorney of

record, if any, containing a meritorious reason therefore.

(b) A motion for a hearing before the Hearing Officer on behalf of a party shall be

made as soon as the reason for the continuance is known, but no later than forty-eight (48)

hours before the time set for the hearing. A later Motion shall be entertained only when the

opportunity therefore did not previously exist or the interest of justice requires it.

(c) Notice of the intention to file the Motion for Continuance must be served on

the opposing party and his or her counsel of record, if any, not less than forty-eight (48)

hours before the Motion will be presented, unless the opportunity to do so did not exist;

and state whether the opposing party concurs or objects to the continuance. No

continuance shall be granted ex parte.

Rule 1910.17. Orders for Payment of Support, Alimony and Alimony Pendente

Lite

Pursuant to Section 3704 of the Divorce Code, 23 Pa.C.S.A. § 3704, all payments of

child and spousal support, alimony or alimony pendente lite shall be paid to the Domestic

Relations Section. All marital settlement agreements whether incorporated or merged in a

divorce decree shall be required to specifically state the alimony shall be paid to and

collected by the Luzerne County Domestic Relations Section and shall be filed immediately

upon issuance.

Rule 1910.19. Modification or Termination

(a) No conference or hearing on a Petition for Modification may be scheduled

within one hundred eighty (180) days of the date of the existing Order of Support or

Alimony Pendente Lite unless waived by the existing order.

(b) Petitions for modification, termination, or enforcement of alimony shall be

presented to and heard by the assigned Family Court Judge and not the Domestic Relations

Section.

CUSTODY PROCEDURES

Rule 1915.4-1. Alternative Hearing Procedures for Partial Custody

Actions

(d) All custody proceedings generally are conducted in accordance with

Pa.R.C.P. No. 1915.4-2.

Rule 1915.4-2. Partial Custody. Conciliation Conference. Record Hearing.

Exceptions. Service of Pleading Filed Six Months from the date of Court Order.

Procedure for Scheduling of Trial

(a) Conciliation Conference

(1) The Court shall appoint one or more persons as Custody Hearing

Officers to: (1) conciliate custody cases filed with the Court; (2) recommend to the Court

Interim Orders relating to partial custody or supervised physical custody of the child or

children following a record hearing. Hearing officers shall not make a recommendation to

the Court on matters relating to the award of primary physical custody, shared physical

custody or legal custody of the child or children.

(2) At the conclusion of the conference, if an agreement relating to primary

physical custody, shared physical custody or legal custody has not been reached, and the

Court’s calendar does not permit the scheduling of a prompt custody trial, then a brief

Evidentiary Hearing shall then be scheduled promptly before a judge addressing the issues

of physical custody and/or legal custody of the children. The Court shall then enter an

Interim Order pending further Order of Court or trial on the merits in accordance with

Pa.R.C.P.1915.4 (b)(c) & (d).

All parties must file a Request for a Custody Trial within twenty (20) days of the

date of the Interim Order issuing from the Evidentiary Hearing and serve a copy of same

upon the judge’s chambers and upon all parties. In the event no request is made for a

Custody Trial by either party within twenty (20) days, then the Interim Order shall become

a Final Order. Any other issues not related to primary physical custody, shared physical

custody and/or legal custody, shall be addressed by a Custody Hearing Officer, if necessary.

In the event the Court’s calendar allows for the prompt scheduling of a trial on the

merits following a Conciliation Conference, then the scheduling of an Evidentiary Hearing

shall not be necessary.

(3) All custody matters not specifically reserved to the Court shall be

scheduled for a Conciliation Conference before the Custody Hearing Officer. All parties

shall attend such conference. Failure of a party to appear at the conference, following

service of the pleading, may result in the entry of an Order as non-contested.

(4) To facilitate the conciliation process and encourage settlement

exchange between the parties and their respective counsel, settlement proposals shall not

be admissible as evidence in Court. The Custody Hearing Officer may not be a witness for

any party.

(5) More than one Conciliation Conference or Record Hearing may be

scheduled by the Custody Hearing Officer.

(6) In the event that the parties are able to reach an agreement during

the Conciliation Conference, the Custody Hearing Officer shall prepare and transmit the

agreed upon Order to the Court for adoption.

(7) Counsel or self-represented parties may submit to the Court a

signed stipulation and proposed Order within thirty (30) days of any scheduled Conciliation

Conference. The executed stipulation must be witnessed by counsel or notarized for self-represented parties. Failure to submit a fully executed or notarized Stipulation and Order

to the Court within thirty (30) days shall render the Stipulation null and void.

(8) At the conclusion of the Conciliation Conference, if an agreement

relating to partial custody or supervised physical custody has not been reached, the parties

shall be given notice of the date, time and place of a Record Hearing before a Custody

Hearing Officer, which may be the same day, but in no event shall be more than forty-five

(45) days from the date of the conference.

(b) Record Hearing

(1) The hearing shall be conducted by a Custody Hearing Officer who must be a

lawyer, and a record shall be made of the testimony. A Hearing Officer who is a lawyer

employed by, or under contract with, a judicial district or appointed by the court shall not

practice law before a conference officer, hearing officer or any judge of the 11th judicial

district.

(2) The Custody Hearing Officer shall receive evidence and hear argument. The

hearing officer may recommend to the court that the parties and/or subject child or

children submit to an examination and evaluation by experts pursuant to Rule 1915.8.

(3) Within ten (10) days of the conclusion of the hearing, the Custody Hearing

Officer shall file with the court a report containing a recommendation with respect to the

entry of an order of partial custody or supervised physical custody. The report may be in

narrative form stating the reasons for the recommendation and shall include a proposed

order, including a specific schedule for partial custody or supervised physical custody.

In the event the proposed Order is approved by the court, an Interim Order may be

issued by the court adopting the Master’s Report and Recommendation. The court shall

serve the Interim Order together with Master’s Report and Recommendation upon all

parties.

(4) Within twenty (20) days after the date the Interim Order is mailed or received

by the parties, whichever occurs first, any party may file exceptions to the Interim Order or

any part thereof, to rulings on objections to evidence, to statements or findings of fact, to

conclusions of law, or to any other matters occurring during the hearing. Each exception

shall set forth a separate objection precisely and without discussion. Matters not covered

by exceptions are deemed waived unless, prior to the entry of the final order, leave is

granted to file exceptions raising those matters. If exceptions are filed, any other party may

file exceptions within twenty (20) days of the date of service of the original exceptions. A

brief in support of the Exceptions shall not be required.

(5) Exceptions filed to an Interim Order shall be served upon all opposing counsel

or parties, as well as to familycourtmotions@luzernecounty.org.

(6) If no exceptions are filed within the twenty-day (20) period, then the Interim

Order shall become a final Order.

(7) If exceptions are filed, the court shall hear argument on the exceptions within

forty-five (45) days of the date that the last party filed exceptions, and enter an appropriate

final order within fifteen (15) days of argument.

(c) Service of Pleading Filed Six Months from the date of Court Order

Service of a Pleading other than original process shall be made upon counsel of

record except, if no pleading has been filed within six (6) months of the date of the last

Order, any subsequent pleading shall be served on both opposing party and counsel of

record.

(d) Procedure for Scheduling of Trial

In the event there is a request for trial by a party seeking primary physical custody,

shared physical custody and/or legal custody of a child and/or relocation with a child, the

party shall advise the hearing officer at the conciliation conference of the same who will

then schedule the case for a pre-trial conference and a trial before a judge.

The pre-trial conference may be waived by agreement of counsel or self-represented parties who must advise the court of the waiver in writing within seven (7) days

of the pre-trial conference date.

Rule 1915.13. Special Relief

(a) Unless otherwise directed by the Court, a brief in support of the Petition for

Special Relief shall not be required.

(b) A Petition for Special Relief is to be presented with a Rule to Show Cause for a

hearing either in Motions Court or via e-mail to familycourtmotions@luzernecounty.org.

Once a rule to show cause has been issued and a return date has been assigned, the moving

party shall file the executed rule to show cause indicating the assigned return date, the

underlying petition, a proposed order, and certificate of service with the Clerk of Judicial

Records and shall, within three (3) days, serve a time- stamped copy of the aforementioned

upon all opposing parties and deliver a copy to the chamber of the judge who is assigned to

the case.

(c) Where the moving party is seeking immediate relief in addition to the issuance

of the Rule to Show Cause and/or where the relief requested has the effect of a stay of

proceedings pending the resolution of the matter subject to the Rule to Show Cause, a party

seeking the same shall present the Rule to Show Cause along with the underlying petition

and a proposed order to the Motions Court for consideration. When appropriate in the

context of the proceedings, notice shall be given to all other parties.

(d) Service shall be made immediately after filing by hand delivering, mailing, or

emailing to all parties.

(e) Proof of service shall be filed and shall be by written acknowledgement of

service, by affidavit of the person making service, or by certification of counsel.

DIVORCE PROCEDURES

Rule 1920.1 (b). Conformity to Civil Action

Except as otherwise stated, the procedure in a divorce action shall be in

accordance with the PA Rules of Civil Procedure.

Rule 1920.42 (d). Certification of Hearing Officer’s Fees

When a Hearing Officer in Divorce has been appointed, prior to filing the

Praecipe to Transmit Record, a Certification must be filed verifying that the Hearing

Officer's fees have been paid or an eligibility for Waiver of fees and costs petition was granted by the

Court.

Rule 1920.51 (f). Motion to Continue Divorce Hearing before a Hearing

Officer. Form of Motion

(1) A Motion to Continue the Divorce Hearing must be in the form

prescribed by Luz. Co. R.C.P. 1920.51(b)(3) and filed with the Office of Judicial Services and

Records (Prothonotary) five (5) days prior to the scheduled date of the Divorce Hearing.

Simultaneously, the moving party shall serve a copy of the filed motion and

proposed order upon opposing party or counsel and the

familycourtmotions@luzernecounty.org.

After the Court issues an order on the motion for continuance, the moving party

shall serve a copy of the filed order upon opposing party or counsel and the Hearing Officer

in Divorce.

(2) The Court may entertain a Motion filed later than five (5) days

before the scheduled date of the Divorce Hearing when an exigent or emergency

circumstance arises within said five (5) day period or in the interest of justice.

(3) Form of Motion to Continue Divorce Hearing before a Hearing

Officer:

(Caption)

1. The Divorce hearing is scheduled on __________________.

2. The party requesting the continuance of the Divorce Hearing is

________________whose address is ___________________

and represented by _________________________________.

3. Opposing party is _____________________ whose address is

___________________ and represented by______________.

4. The Divorce Hearing has been continued _____ times by Plaintiff

and _____ times by Defendant.

5. For any and all previous continuances, state the date of each

continuance and the reason for each continuance:

6. State the reason for this request to continue the Divorce Hearing:

7. Before this Motion for Continuance was filed, on __________

(date), I served a copy of this Motion and the proposed Order

upon opposing party or their counsel. If service was not made,

state the reason:

8. This Motion to Continue the Divorce hearing is ____ OPPOSED or

____ UNOPPOSED by opposing party or their counsel. If

Opposed, state the reason:

9. By signing this Motion, Attorney ____________________

represents that their client consents to this request to continue

the Divorce Hearing.

Date: ____________ ________________________________

Moving Party or Attorney for Moving Party

Rule 1920.55-2. Exceptions to Hearing Officer's Report and Recommendation

(b) Within twenty (20) days of the date of receipt or the date of mailing

of the Hearing Officer's Report and Recommendation, whichever occurs first,

any party may file exceptions to the report, or any part thereof, to rulings on

objections to evidence, to statements or findings of fact, to conclusions of law, or

to any other matters occurring during the hearing. Each exception shall set forth a

separate objection precisely and without discussion. Matters not covered by

exceptions are deemed waived unless, prior to entry of the final decree, leave is

granted to file exceptions raising those matters.

(1) If a party files exceptions, that party shall simultaneously serve a filed

copy of the exceptions upon the opposing party and to

familycourtmotions@luzernecounty.org.

(2) If the party filing exceptions has presented a Motion for Transcript of

the divorce hearing on or before the date of the filing of the exceptions and

received an Order granting the transcription of the divorce hearing, then said party

shall file their brief in support of their exceptions within twenty (20) days of the

receipt of said transcript. Said brief shall cite cases, statutes and rules that support

their exceptions. Upon filing said brief, a copy of said brief shall be simultaneously

served upon the opposing party.

(3) If the party filing exceptions has not requested a transcription of the

divorce hearing, then said party shall file the brief in support of the exceptions

simultaneously with the filing of the exceptions. Said brief shall cite cases, statutes

and rules that support the exceptions. Upon filing said brief, a copy of said brief shall

be simultaneously served upon the opposing party.

(c) If exceptions are filed, any other party may file exceptions within

twenty (20) days of the date of service of the original exceptions. The court shall

hear argument on the exceptions and enter a final decree.

(1) If the other party filing exceptions has presented a Motion for

Transcript of the divorce hearing on or before the date of the filing of the

exceptions and received an Order granting the transcription of the divorce hearing,

then said party shall file the brief in support of the exceptions within twenty (20)

days of the receipt of said transcript. Said brief shall cite cases, statutes and rules that

support their exceptions. Upon filing said brief, a copy of said brief shall be

simultaneously served upon the opposing party.

(2) If the other party filing exceptions has not requested a transcription of

the divorce hearing, then said party shall file the brief in support of the exceptions

simultaneously with the filing of the exceptions. Said brief shall cite cases, statutes

and rules that support the exceptions. Upon filing said brief, a copy of said brief shall

be simultaneously served upon the opposing party.