1. Failure of a party to obtain court approval of grounds for divorce under section 3301(c)(1), 3301(c)(2) and 3301(d) divorce claims as required by Pa. R.Civ.P. No. 1920.42;
  2. Failing to file an Inventory when required to do so by Pa. R.Civ.P. No. 1920.33(a); or the motion for the appointment was filed less than 30 days after filing of the moving party's Inventory;
  3. The motion does not indicate that discovery is complete for the claims for which the divorce hearing officer is requested to adjudicate;
  4. Either party has raised a claim for alimony, counsel fees or costs and expenses and the filing party has failed to file his/her Income and Expense Statements as required by Pa. R.Civ.P. No. 1910.27(c)(2)(b), copies of pay stubs for the preceding six months and copies of most recent federal income tax return as required by Pa. R.Civ.P. No. 1920.31;
  5. The defendant has been properly served and fails to appear in the action and the Plaintiff has not filed an Affidavit of Non-Military Service pursuant to Pa. R.Civ.P. No. 1920.46; or
  6. If the divorce hearing officer finds the proceedings to be fatally defective in any particular, they shall make a prompt report to the court. If the divorce hearing officer finds that a defect may be curable by amendment, s/he shall notify counsel and suspend further action pending correction. If no correction is made, the divorce hearing officer shall make a prompt report thereof to the court.

Rule 1920.53. Preliminary Proceedings and Hearings Before the Divorce Hearing Officer. Settlement of Case. Sanctions.

  • Attendance at Pre-Hearing and Settlement Conferences: The divorce hearing officer shall schedule a preliminary pre-hearing conference within forty-five (45) days of receiving the appointment. Both parties and their counsel shall attend all conferences unless excused by the divorce hearing officer. A request for a party to be excused or for a party/counsel to participate by electronic means must be made in writing and delivered to opposing counsel/party and to the divorce hearing officer no less than five (5) business days in advance of the scheduled conference and the opposing side's position must be noted in the request. Failure of any properly-served party or attorney to attend a scheduled proceeding before a divorce hearing officer may subject the offending party or attorney to appropriate sanctions by the court, which may include, inter alia, imposition of costs for the proceeding that was missed.
  • Directives: The divorce hearing officer shall be vested with the authority to issue directives for compliance in connection with discovery pertaining to the matters commissioned to the divorce hearing officer. Any directive issued by the divorce hearing officer shall have the effect of an interim order of court and shall be subject to contempt proceedings. Upon a party's failure to comply with a directive, the divorce hearing officer, on motion of the adverse party or sua sponte, may continue the matter until discovery is complete. The aggrieved party or the divorce hearing officer may file a motion to compel compliance with the directive(s) and for sanctions and recommend to the assigned judge any sanction outlined in Pa. R.Civ.P. Nos. 1920.33(d) and/or 4019(c)(1), (2), (3) or (5).
  • Notice of hearing: The divorce hearing officer shall give at least twenty (20) days' advance written notice of the time and place of hearing to the attorneys of record, or to unrepresented parties, in the manner prescribed by Pa. R.Civ.P. No. 1920.51.
  • Continuance requests: Requests for continuance of any pre-hearing or settlement conference shall be made in writing directed to the divorce hearing officer. The opposing party’s position must be noted in the request or the request may be denied. Requests for continuance of a divorce hearing shall be made by formal motion and filed with the Prothonotary. The Prothonotary shall forward the motion to the assigned judge. The moving party shall serve a copy of the motion on