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Rules of General Court Business
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-Contents
-L76 Definitions
-L205.2 Filing Legal Papers
-L206.4(c) Rule to Show Cause
-L208.2 Motions. Form. Content
-L208.3 Motions. Procedures. Brief
-L212 Pre-trials and Trial Scheduling
-L216 Continuances
-L220 Jury Size in Civil Trials
-L227.3 Transcript of Testimony
-L230.2 Termination of Inactive Cases
-L250.1 Americans with Disabilities Notice
-L261 Court Administrator
-L300 Dockets
-L400.1(b) Service of original process
-L411 Action for Support
-L430 Service by Publication
-L440 Use of Prothonotary's Office Mail Box
-L501 Meeting Place
-L502 Substitution After Appointment
-L503 Organization
-L504 Notice of Appointment
-L601 Security for Costs of Non-residents
-L602 Bill of Costs
-L702 Satisfaction of Judgment
-L901 Money Paid into Court
-L902 Appeal as Supersedeas
-L1007 Commencement. Case Scheduling
-L1012 Appearance. Withdrawals
-L1018.1 Notice to Defend
-L1025 Designation of Trial Attorney
-L1028(c) Preliminary Objections
-L1034(a) Judgment on the Pleadings
-L1035.2(a) Motion for Summary Judgment
-L1049 Itemized Statements
-L1066 Entry of Judgment. Advertisement
-L1301 Cases for Submission
-L1302 List of Arbitrators
-L1302.1 Selection of Arbitrators
-L1303 Scheduling of Hearings
-L1304 Arbitrator’s Questions
-L1304.1 Continuances
-L1306 Awards
-L1308 Compensation for Arbitrators
-L1311 Appeals
-L1315 Settlements
-L1910.10 Hearing Procedure
-L1910.12 Exceptions Procedure
-L1910.14 Defendant Leaving Jurisdiction
-L1910.15 Paternity
-L1910.22 Attachment of Wages
-L1915.3 Custody Petitions and Procedure
-L1915.3-1 Initial Conference
-L1915.3-2 Exceptions
to Interim Orders
-L1915.3-3 Recommended Orders/Approval
-L1915.7 Settlement
-L1915.8 Examinations and Home Studies
-L1915.10-1 Pre-Trial Conference
-L1915.10-2 Continuances
-L1915.12
Required Certification
-L1915.13-1 Emergency Custody Relief
-L1915.13-2 Emergency Relief. Moving
-L1920.13 Interim Relief. Family Court
-L1920.16 Bifurcation
-L1920.21 Bill of Particulars. Non pros
-L1920.31 Joinder of
Economic Claims
-L1920.32 Joinder of
Custody Claims
-L1920.33 Joinder of
Property Claims
-L1920.42 Divorce Affidavit and Decree
-L1920.43 Special Relief
-L1920.45 Counseling
-L1920.51 Hearing by Court. Master
-L1920.53 Hearing By Master. Report
-L1920.55 Exception Procedure
-L1920.71 Form of Notice to Defend
-L1930.5 Discovery
-L2039 Minor's Compromise, Settlement
-L2232 Notice of Pendency of Action
-L4005 Interrogatory Limits
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▪ Rules Home Page ▪ Rules of Civil Procedure ▪ Contents ▪
CUSTODY AND VISITATION MATTERS
L1915.13-1. Petition for Emergency Custody Relief. Ex Parte Hearing and Temporary Order.
A. Where a party believes there is an immediate clear and present danger to the child(ren), that party may file a petition for emergency relief. The petition for emergency relief must be presented as a separate document headed "Petition for Emergency Custody Relief." The petition shall conform to the requirements of Pa.R.C.P. No. 1915.15, as may be applicable, and must allege facts which clearly specify the clear and present danger to the welfare of the child(ren).
B. Upon filing, the petitioning party or counsel must present the petition to the court administrator, who shall immediately present the petition for emergency custody relief to a judge for consideration of the allegations. The judge shall either:
1. refer the petition to a hearing officer for an immediate ex parte hearing, which shall be held within two (2) business days of the presentation of the petition to the family court office; or,
2. direct that an initial conference be scheduled before a hearing officer pursuant to Rule L1915.3-1; or,
3. if it is ascertained that an initial conference has already been held and an interim order already issued under Rule L1915.3-3:
a. direct that the hearing officer consider the petition for emergency custody relief as a reconsideration request under Rule L1915.3-2; or
b. direct that the issues raised be disposed of at the pre-trial conference or trial.
C. If an ex parte hearing is ordered, he petitioning party or counsel shall present the order to the family court office for scheduling of the ex parte hearing. The party seeking emergency relief must appear before the hearing officer at the time scheduled for the ex parte hearing to present testimony. The hearing officer shall determine if probable cause exists to believe there is an immediate clear and present danger to the welfare of the child(ren) involved.
D. Upon making a determination that ex parte relief is warranted, the hearing officer shall forward to the court for approval a recommended temporary emergency order, which will include a provision scheduling a full hearing before the court, to be held within ten (10) business days of the ex parte hearing. Prior to the full hearing before the court, the petition for emergency custody relief and the temporary emergency order containing notice of the 10-day hearing shall be served on the opposing party by the petitioning party in the same manner as original process. In addition to service on the opposing party, the petitioner shall make reasonable efforts to provide a copy of the documents to any attorney whom the petitioning party reasonably believes may be representing the interests of the other party.
E. Upon making a determination that ex parte relief is not warranted, the hearing officer shall forward to the court for approval a recommended order denying the petition for emergency custody relief. Such order may schedule the matter for disposition at: an initial conference under Rule L1915.3-1; as a reconsideration request under Rule L1915.3-2; or, if already scheduled for a pre-trial conference or trial on other issues, direct that the emergency issues be determined with all other issues at the pre-trial conference or trial.