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

Chapter 1920: Actions of Divorce or for Annulment of Marriage

(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 PARTYNON-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 TelephoneParty’s Address and Telephone
# if not represented by counsel:# if not represented by counsel:

Amendment history: The provisions of this Rule 1920.74 adopted January 28, 1983, effective July 1, 1983, 13 Pa.B. 677; amended October 31, 2002, effective immediately, 32 Pa.B. 5632; amended June 30, 2018, effective January 1, 2019, 48 Pa.B. 4960; amended June 3, 2019, effective October 1, 2019, 49 Pa.B. 3059; amended October 19, 2021, effective January 1, 2022, 51 Pa.B. 6764. Immediately preceding text appears at serial pages (397018) to (397019).