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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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Im getting divorced in Pennsylvania and the case is coming

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I'm getting divorced in Pennsylvania and the case is coming to a close. Recently, I got the Master's Report and Recommendations in the mail (it's a document that lists what the Master thinks the Judge should do, it requires Judge's signature, which will turn it into an order). The letter from the Master stated that I have 20 days to file Exceptions. I looked over the report and already have a list of things that I disagree with and want to have addressed. How do I go about writing exceptions to the Master's recommendations? Do I write a letter that lists the things I disagree with? A bullet list? Or is there a different format for it? Would I have to include legal codes for each exception or not?

RayAnswers :

Thanks for your question and good evening.Check with the court they may have a format here.I am giving you a sample for exceptions to a child support case but you can adapt it.

RayAnswers :

This should give you an idea for submitting exceptions here.

RayAnswers :

One for custody

RayAnswers :

You would not necessarily have to have code references here

RayAnswers :

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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

RayAnswers :

Rule 1920.55-2. Master’s Report. Notice. Exceptions. Final Decree.

(a) After conclusion of the hearing, the master shall:

(1) file the record and the report within

(i) twenty days in uncontested actions or;

(ii) thirty days after the receipt of the transcript by the master in contested actions; and

(2) immediately serve upon counsel for each party, or, if unrepresented, upon the party, a copy of the report and recommendation and written notice of the right to file exceptions.

(b) Within twenty days of the date of receipt or the date of mailing of the master’s report and recommendation, whichever occurs first, any party may file exceptions to the report or any part thereof, to rulings on objections to evidence, to statements or findings of fact, to conclusions of law, or to any other matters occurring during the hearing. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived unless, prior to entry of the final decree, leave is granted to file exceptions raising those matters.

(c) If exceptions are filed, any other party may file exceptions within twenty days of the date of service of the original exceptions. The court shall hear argument on the exceptions and enter a final decree.

(d) If no exceptions are filed, the court shall review the report and, if approved, shall enter a final decree.

(e) No Motion for Post-Trial Relief may be filed to the final decree.

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