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Rule 1915.4-4.Pre-Trial Procedures.

Adopted June 25, 2013 · Last amended April 25, 2025 · Last verified June 30, 2026

In one sentenceRule 1915.4-4 provides for a pre-trial conference before a judge in a custody or modification case, at a party's request, to narrow the issues and move the case toward trial.

Full Text of Rule 1915.4-4

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) Pre-Trial Conference.
(1) The court shall schedule a pre-trial conference before a judge in an ini- tial custody or modification proceeding at the request of a party or by the court sua sponte.
(2) The pre-trial conference scheduling procedure shall be as follows:
(i) If a party wishes to request a pre-trial conference, the party shall file a praecipe set forth in subdivision (h).
(ii) A party may file the praecipe any time after a custody conciliation or conference unless a pre-trial conference has already been scheduled or held.
(iii) The scheduling of a pre-trial conference shall not stay a previously scheduled proceeding unless otherwise ordered by the court.
(iv) The pretrial conference may be scheduled at any time, but shall be scheduled at least 30 days prior to trial.
(b) Pre-Trial Statement.
(1) Not later than five days prior to the pre-trial conference, each party shall file a pre-trial statement with the prothonotary and serve a copy upon the court and the other party or the party’s counsel.
(2) The pre-trial statement shall include, together with any additional infor- mation required by special order of the court, the following matters:
(i) the name and address of each expert whom the party intends to call as a witness at trial;
(ii) the name and address of each person the party intends to call as a witness at trial and the relationship of that witness to the party. 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; and
(iii) a proposed order setting forth the custody schedule requested by the party.
(c) Exhibits. In addition to subdivision (b)(2), the party shall include any proposed exhibits to be introduced at trial, including the expert’s report, as part of the pre-trial statement served upon the other party or other party’s counsel, but the proposed exhibits shall not be included with the pre-trial statement served upon the court.
(d) Sanctions. If a party fails to file a pre-trial statement or otherwise comply with the requirements of subdivisions (b) and (c), the court may sanction the party as provided in Pa.R.Civ.P. 4019(c)(2) and (c)(4).
(e) Amendments. Unless the court orders otherwise, the parties may amend a pretrial statement at any time, but not less than seven days before trial.
(f) Topics. The court shall consider the following topics at the pre-trial con- ference:
(1) issues for resolution by the court;
(2) unresolved discovery matters;
(3) agreements of the parties;
(4) issues relating to expert witnesses;
(5) settlement or mediation of the case;
(6) a party’s or household member’s criminal record or abuse history or a party’s, household member’s, or child’s involvement with the juvenile depen- dency court or the children and youth social service agency as outlined in 23 Pa.C.S. §§ 5329 and 5329.1, including the admissibility of related docu- ments, other evidentiary issues, or testimony;
(7) such other matters that may aid in the disposition of the case; and
(8) if a trial date has not been scheduled, the court shall schedule the trial at the pre-trial conference.
(g) Order. The court shall enter an order following the pre-trial conference detailing the parties’ agreements as to any of the matters considered, limiting the trial to unresolved issues, and setting forth the schedule for further action in the case. The order shall control the subsequent course of the action unless modified at trial to prevent manifest injustice.
(h) Form. The praecipe for pre-trial conference required by this rule shall be substantially in the following form: PRAECIPE FOR PRE-TRIAL CONFERENCE To the Prothonotary: Please schedule a pre-trial conference in the above-captioned custody matter pursuant to Pa.R.Civ.P. 1915.4-4. The parties’ initial in-person contact with the court (conference with a confer- ence officer or judge, conciliation, or mediation) occurred on . Plaintiff/Defendant/ Attorney for Plaintiff/Defendant

Plain-English Summary

Before a custody trial, the court can hold a pre-trial conference to focus the case. At a party's request, this rule has a judge convene a pre-trial conference in an initial custody or modification proceeding, where the parties identify the issues, exchange information, and explore settlement. The conference streamlines what remains for trial and can resolve the case short of one.

Frequently Asked Questions

What is a custody pre-trial conference for?

To narrow the issues, exchange information, and explore settlement before trial, at a party's request.

Official Note

Comment. : Rule 1930.1(b) may require attorneys or unrepresented parties to file confidential documents and documents containing confidential information that are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. Historical Commentary The following commentary related to Pa.R.Civ.P. 1915.4-4 is historical in nature and represents statements of the Committee at the time of rulemaking: 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 pretrial 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 pro- tracted 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 prac- tice 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.

Amendment History

The provisions of this Rule 1915.4-4 adopted June 25, 2013, effective in 30 days on July 25, 2013, 43 Pa.B. 3937; amended October 28, 2015, effective January 1, 2016, 45 Pa.B. 6587; amended Janu- ary 5, 2018, effective January 6, 2018, 48 Pa.B. 477; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3520; amended April 25, 2025, effective July 1, 2025, 55 Pa.B. 3342. Immediately preced- ing text appears at serial pages (407134) and (402487) to (402488).

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text
Also known as: custody pre-trial conferencecustody pre-trial proceduresnarrow custody issues