Judge William J. Fooks

Counsel must state, and the defendant must agree on the record, that granting diversion waives the right to a speedy trial or disposition of the charge.

Applies to

Commonwealth written recommendation

The Commonwealth must make a written recommendation to the Court in response to each pretrial diversion application.

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations stating the diversion conditions and the appropriate sentence if the agreement is unsuccessful.

The Court may void a person's participation in pretrial diversion after a hearing with notice to the Commonwealth and the defendant, upon a showing of noncompliance or unsatisfactory progress.

Unless a rule or statute allows otherwise, motions must be served no later than close of business 10 days before the scheduled motion date, and responses must be served no later than close of business 3 days before that date.

Service

Electronic service

When service is required, fax or email service is permitted if the attorney or party consents in writing; service is complete upon mailing or electronic transmission, but electronic transmission is ineffective if the serving party learns it did not reach the person served.

Applies to

Motion to modify custody timeshare or visitation

Agreed orders to modify child custody, timeshare and visitation may be submitted in Paternity actions. However, any motions to modify shall be filed in a new custody proceeding and require a filing fee unless the

Fee

50

Applies to

Motion

The $50 reopening fee does not apply to Title IV-D child-support modification or enforcement motions, but applies to later custody or visitation motions brought by private counsel or a pro se party unless the motion is in forma pauperis.

Applies to

Copy of emergency custody order

The Circuit Clerk must provide a free copy of the Emergency Custody Order when a person granted emergency custody appears in person and requests one.

An eligible person may apply for a Pretrial Diversion Order after indictment, but must apply no later than 45 days before trial.

The notice of related cases must be filed at the same time as the initiating pleading.

Unless a rule or statute allows otherwise, motions must be filed and served no later than close of business 10 days before the scheduled motion date, and responses must be filed and served no later than close of business 3 days before that date.