Judge Kathryn H. Gabhart

Applies to

Pretrial diversion application

When applying for pretrial diversion, counsel must state and the defendant must agree on the record to waive speedy-trial or disposition rights if diversion is granted.

Applies to

Commonwealth recommendation

The Commonwealth must provide the Court with a written recommendation for each application.

Applies to

Written recommendation

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

Written motions other than ex parte motions, along with their hearing notices, must be served at least one week before the hearing unless another period is set by rule, statute, or court order.

Counsel preparing an order or judgment must provide the Clerk enough copies and addressed stamped envelopes for required service, unless the party waives service or opts for electronic service.

Applies to

Pleading exhibit

If a pleading exhibit is not filed and served when service is required, the opposing party need not file a responsive pleading until the exhibit is filed and a copy is provided to the party or counsel.

When paying out money or settling estates, the Master Commissioner or Receiver assesses 3% of the first $2,000, 2½% of the next $3,000, and 1½% of the excess over $5,000.

When an Order or Judgment requires advertisement, the submitting party must deposit the Master Commissioner's estimated advertising and/or appraisal costs before a sale is scheduled or advertising or appraisal occurs.

Applies to

Bond

A fee is payable to the Circuit Court Clerk when bonds are submitted for signature and approval.

An eligible person may apply to the Circuit Court and Commonwealth for a Pretrial Diversion Order after indictment, no later than 45 days before trial.

Deadline

1 hours

Petitions should be reviewed within an hour after presentation to a judge or trial commissioner, unless one is unavailable.

The listed final-pretrial materials must be filed in time to be addressed at the final pretrial conference.