IMHO – Example of the Effects of Court Rules on Due Process

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What Effect do Court Rules have on Due Process?

Example from PA TItle 42 -Rules of Civil Procedure

As you can see- they block discovery in support matters, custody and protection from abuse – unless you get permission from the judge.. of course of you are pro se you will most likely  not get this permission.  The courts are deciding to override the legislated discovery rules.

Rule 1930.5. Discovery in Domestic Relations Matters.

(a)  There shall be no discovery in a simple support, custody or Protection from Abuse proceeding unless authorized by order of court.

(b)  Discovery shall be available without leave of court in accordance with R.C.P. 4001 et seq. in alimony, equitable distribution, counsel fee and expense and complex support proceedings.

Source

The provisions of this Rule 1930.5 adopted May 5, 1997, effective July 1, 1997, 27 Pa.B. 2532; amended March 9, 1998, effective July 1, 1998, 28 Pa.B. 1391; amended June 5, 2001, effective immediately, 31 Pa.B. 3306. Immediately preceding text appears at serial page (267805).

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