Explanatory
comment
EXPLANATORY
COMMENT
In 2013, the Domestic Relations Procedural Rules Committee
(the “Committee”) recognized there was a wide disparity in pre-trial procedures
in custody cases among
the various judicial districts. By adopting this rule, the
Supreme Court established uniform state-wide pre-trial procedures in custody
cases. With an eye toward reducing
custody litigation, the rule encourages early preparation
and court involvement for purposes of expedited resolutions. The rule was based
upon the pre-trial procedures in
divorce cases as set forth in Pa.R.C.P. No. 1920.33(b).
The rule does not affect, however, the First Judicial District's practice of
conducting a pre-trial conference upon
the filing of a motion for a protracted or semi-protracted
trial.
In 2015, the Committee expressed concern the rule as
previously adopted by the Supreme Court allowed for an interpretation contrary
to the intent of the rule. The
Committee proposed and the Court adopted an amendment to
the rule to clarify the rule’s mandate as it relates to witnesses. As a goal of
any pre-trial conference is to
settle the case, in whole or in part, the Committee
believed a best practice in reaching that goal is having a thorough knowledge
of the case, including the substance of
anticipated witness testimony. As amended, the rule
plainly states that counsel or a self-represented party is required to discuss
with the witness their testimony prior to
including the witness on the pre-trial statement.
Unlike Pa.R.C.P. No. 1920.33(b), the rule does not require
inclusion of a summary of the witness’s testimony in the pre-trial statement;
but rather, an affirmation
by counsel or self-represented party that there was actual
communication with each witness about the witness’s testimony. With the
additional information from witnesses,
counsel, self-represented parties and the trial court can
better engage in more fruitful settlement discussions at the pre-trial
conference.
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(b)(2) Inclusion of a
witness on the pre-trial statement constitutes an affirmation that the party’s
counsel or the self-represented party has communicated with the
witness about the substance of the witness’s testimony prior to
the filing of the pre-trial statement
