Court of Common Pleas of Mercer County, Pennsylvania Pre-Motion Conference Requirements

CRITICALCivil cases

If the parties do not reach an agreement at the Conciliator conference, the Court Administrator must schedule a Pre-Trial Conference before the appointing judge.

(d) In the event the parties do not reach an agreement at the Conciliator conference, the Court Administrator shall schedule a Pre-Trial Conference in front of the appointing judge.

CRITICALCivil cases

A Conciliator conference must be held in primary and partial physical custody actions unless a party in a partial custody action filed a motion for a judge hearing before the conference.

(a) A conference before a Conciliator shall be held in all actions for primary physical custody and partial physical custody unless a party in an action for partial physical custody has filed a motion pursuant to Pa.R.C.P. No. 1915.4-1(b) for a hearing in front of a judge prior to the Conciliator’s conference.

CRITICALCivil cases

A motion for a judge hearing in a partial custody action will be granted only for complex questions or certified serious allegations affecting the child’s welfare.

(c) A motion for a hearing in front of a judge, in an action involving partial custody only, will not be granted unless: 1. There are complex questions of law, fact or both; or, 2. The parties certify to the court that there are serious allegations affecting the child’s welfare.

CRITICALCivil cases

The Conciliator determines whether the criteria for a judge hearing are met, subject to the appointing judge’s final discretion if a party objects.

(d) The Conciliator shall determine whether a partial custody action qualifies for a hearing in front of a judge pursuant (c)(1) or (c)(2) above. In the event a party objects to the Conciliator’s determination, the appointing judge shall have final discretion.

CRITICALCivil cases

A case may not be praeciped for argument until all parties have responded or 30 days have passed since the motion was filed, whichever occurs first.

provided however, no case shall be praeciped for argument until all parties have filed a response or thirty (30) days after filing the motion, whichever occurs first.

WARNINGCivil cases

If the parties do not agree and neither previously moved for a judge hearing, they are deemed to consent to a Conciliator hearing.

(a) If the parties to a partial custody action do not reach an agreement at the Conciliator conference, and neither party had moved for a hearing in front of a judge prior to the Conciliator conference, the parties will be deemed to have consented to a hearing before the Conciliator.

WARNINGCivil cases

In partial custody actions, a party may promptly move for a judge hearing after the parties’ initial contact with the court.

(b) Pursuant to Pa.R.C.P. No. 1915.4-1(b), with respect to partial custody actions only, a party may, after the parties’ initial contact with the court as set forth in Pa.R.C.P. No. 1915.4(a), promptly file a motion with the Prothonotary for a hearing in front of a judge, rather than a hearing in front of the Conciliator.