Hearing Examiners
Department of State matters only.
Communication
Written correspondence from counsel or the parties may be emailed to Hearing Examiner Rand at drand@pa.gov; however, the other party must be copied on the email.
Courtesy Copies of Filings
Where filings are done by the Commonwealth, Hearing Examiner Rand can see them within one day in the Department of State's internal electronic docketing system ("PALS"). Therefore, unless it is an urgent motion (i.e., a last-minute continuance request) no courtesy copy is needed. Where outside counsel or a party mails documents and there is a need for a prompt response, a courtesy email with the document attached is appreciated. Where outside counsel or the parties use the Office of Prothonotary's Legal Resource account to file documents (RA-Prothonotary@pa.gov), a courtesy copy by email is also appreciated.
Hearings
Hearings are generally scheduled by the Prothonotary but in some cases Hearing Examiner Rand may schedule or reschedule a case by order.
Hearing Examiner Rand does not routinely require prehearing memoranda or hold a prehearing conference. However, she will do so if a party requests it. When directed, they are useful to estimate how long the hearing should take, to highlight concerns regarding expert testimony and to receive feedback on the desire for a video or telephonic hearing.
Hearing Examiner Rand will accommodate the needs of out-of-town parties, attorneys, or witnesses, when feasible. Upon request, with the consent of all parties and at her discretion, she may permit a party to appear by video or telephone. Upon request she may also permit a witness to appear remotely.
When videotaped testimony or telephone recordings are presented, Hearing Examiner Rand may direct that the court reporter transcribe them for submission into the record.
Exhibits should be pre-marked for the hearing.
Hearing Examiner Rand will explain to pro se parties the right to have counsel and guide pro se partiesthrough the process by explaining concepts such as opening statements, cross examination, entering of exhibits into the record, closing statements and filing of post-hearing briefs. She may also ask some general questions to help develop a record.
Other Matters
Because all communication with her must be with both parties and never separately, Hearing Examiner Rand often uses email for quick communication. It is extremely helpful if, when filing a document, counsel or the pro se party includes in the document an email address that is regularly monitored.
Department of State matters only.
Communication
Please avoid ex parte communication and ensure all parties are copied on any email sent to Hearing Officer Giurintano.
Email and/or letters are the preferred forms of communication unless a telephonic conference has been formally scheduled.
Scheduling
Parties are encouraged to reach out to Hearing Officer Giurintano directly at jgiurintan@pa.gov regarding any scheduling issues/concerns, e.g., the rescheduling of hearings.
Continuances
Continuances will be liberally granted unless good cause shown otherwise.
Continuances may be (i) requested by email to jgiurintan@pa.gov with all parties copied or (ii) a formal motion filed with the Prothonotary. Please indicate if concurrence was sought from the opposing party.
Pre-Hearing Matters
A telephonic pre-hearing conference will be ordered if requested by either party. Any request for subpoena(s) shall include the subpoena(s) to be signed in its final form.
Hearings
Hearing Officer Giurintano prefers in-person or telephonic (note: not video) hearings.
A request to convert an in-person hearing to a telephonic hearing may be (i) requested by email to jgiurintan@pa.gov with all parties copied and/or (ii) a motion filed with the Prothonotary. Please indicate if concurrence was sought from the opposing party.
A motion requesting witnesses to appear telephonically at an in-person hearing will be liberally grated unless good cause shown otherwise.
Exhibits should be pre-marked for the hearing.
Department of State matters only.
Communication
Written correspondence from counsel or the parties may be emailed to Hearing Examiner Foerster at mfoerster@pa.gov; however, you must copy the other side. Because the case’s docket should speak for itself, any email that includes a time-sensitive motion should be printed as a .pdf and filed with the Prothonotary.
Courtesy Copies of Filings
Where filings are done by the Commonwealth, Hearing Examiner Foerster can see them within a day or two in the Department of State’s internal electronic docketing system (“PALS”). Therefore, unless it is an urgent motion (i.e., a last-minute continuance request) no courtesy copy is necessary. Where outside counsel or a party paper mails documents and there is a need for a prompt response, a courtesy email with the document attached makes sense. Use the Office of Prothonotary’s Legal Resource account to file documents (RA-Prothonotary@pa.gov).
Hearings
Hearings are generally scheduled by the Prothonotary but in some cases Hearing Examiner Foerster may schedule or reschedule a case by order. If trying to reschedule, the parties should be prepared to caucus together for hearing dates that work then communicate those dates to Hearing Examiner Foerster for a scheduling order.
Hearing Examiner Foerster does not routinely require prehearing memoranda or hold a prehearing conference. However, he will do so if a party requests it. Be prepared to discuss: the length of time each party will need to present his/her case; how much preparation time each party will need (i.e., how far out); prospective hearing dates; any special accommodations; and, in-person or video requests. Exhibits and witness lists will be exchanged at this time. Exhibits not exchanged ahead of time may not come into evidence.
Hearing Examiner Foerster will accommodate the needs of out-of-town parties, attorneys, or witnesses, when feasible. Hearing Room 1 has full capability for video for witnesses.
Exhibits should be pre-marked for the hearing.
Hearing Examiner Foerster will explain to self-represented (no attorney) parties the right to have counsel and guide self-represented parties through the process by explaining concepts such as opening statements, cross examination, entering of exhibits into the record, closing statements and filing of post-hearing briefs. He may also ask some general questions to help develop a record.
Department of State matters only.
No Preferences.
Department of State matters only.
No Preferences.
Department of State matters only.
Communication
Written correspondence from counsel or the parties may be emailed to Hearing Examiner Rivera at carivera@pa.gov; however, the other party must be copied on the email.
Continuances
Continuances will be liberally granted unless good cause shown otherwise.
Continuances may be (i) requested by email to carivera@pa.gov with all parties copied or (ii) a formal motion filed with the Prothonotary. Please indicate if concurrence was sought from the opposing party.
Courtesy Copies of Filings
Where outside counsel or a party mails documents and there is a need for a prompt response, a courtesy email with the document attached is appreciated. Where outside counsel or the parties use the Office of Prothonotary's Legal Resource account to file documents (RA-Prothonotary@pa.gov), a courtesy copy by email is also appreciated.
Hearings
Hearings are generally scheduled by the Prothonotary but in some cases Hearing Examiner Rivera may schedule or reschedule a case by order.
Hearing Examiner Rivera does not routinely require prehearing memoranda or hold a prehearing conference. However, she will do so if a party requests it. When directed, they are useful to estimate how long the hearing should take, to highlight concerns regarding expert testimony, and to receive feedback on the desire for a video or telephonic hearing.
Hearing Examiner Rivera will accommodate the needs of out-of-town parties, attorneys, or witnesses, when feasible. Upon request, with the consent of all parties and at her discretion, she may permit a party to appear by video or telephone. Upon request she may also permit a witness to appear remotely.
Exhibits should be pre-marked for the hearing.
Hearing Examiner Rivera will explain to pro se parties the right to have counsel and guide pro se parties through the process by explaining concepts such as opening statements, cross examination, entering of exhibits into the record, closing statements and filing of post-hearing briefs. She may also ask some general questions to help develop a record.
Other Matters
Because all communication with her must be with both parties and never separately, Hearing Examiner Rivera often uses email for quick communication. It is extremely helpful if, when filing a document, counsel or the pro se party includes in the document an email address that is regularly monitored.
Department of State matters only.
No Preferences.
Department of State matters only.
No Preferences.