Current through October 23, 2020
Rule 1920.51 - Appointment of Master. Preliminary Conference. Payment of Master's Fees(a) In all divorce or annulment actions where there are unresolved issues properly referable to a master under applicable statues or rules of court, a party may move for the appointment of a master. The form of the motion shall be as prescribed by Pa.R.C.P. No. 1920.74. The moving party shall pay a sum of money to the Prothonotary at the time the motion is filed, which sum shall be set from time to time by order of court, as security for payment of master's fees and costs. Such sum shall be applied to payment for the master and court reporter's services.(b) The divorce master may estimate the time required for each master's hearing, and may, in his or her discretion, require the additional deposit of reasonable sums for court reporter's and master's fees.(c) The master shall schedule a preliminary conference immediately after the order of appointment has been filed and promptly schedule a hearing and give notice to all parties or their counsel of record. A preliminary conference shall occur within forty-five (45) days of the date of appointment, and it shall be attended by the parties and their counsel in an effort to resolve the issues in dispute without further litigation. At the preliminary conference, the parties shall exchange memoranda reflecting their perceptions and positions on the issues, and provide the master a copy of same. If a party fails to appear personally or through counsel at the preliminary conference, the costs of the conference shall be assessed against such party in any ultimate equitable distribution award recommended by the master.(1) After payment to the prothonotary of any additional money due as security for payment of the master's fees and costs, the master shall schedule an evidentiary hearing to receive evidence on all issues which were not resolved at the preliminary conference. The master shall schedule the evidentiary hearing only after a party has presented satisfactory proof to him that the additional security for costs has been paid.(2) The Prothonotary shall pay the master's fee and costs from the funds paid by the parties, upon approval of the court.(3) Before the time of the pre-hearing conference, each party shall file a complete Inventory pursuant to Pa.R.C.P. No. 1920.33.Adopted effective 10/22/2020.