Court of Common Pleas of Armstrong County, Pennsylvania Filing Timing and Cure Windows

CRITICAL

For covered inactive civil matters, any written objection must be docketed before the general call to avoid dismissal under this provision.

If no action is taken or no written objection is docketed in such a matter prior to the commencement of the general call, the prothonotary shall strike the matter from the list and enter an order as of course dismissing the matter with prejudice for failure to prosecute, under the provisions of this rule.

CRITICALCivil cases

The notice must state that a decree nisi becomes final if no exceptions are filed within ten days after entry.

The notice shall include a statement that if the return is approved, a decree nisi will be entered, which decree will become final if no exceptions thereto are filed within ten (10) days of the date it is entered.

CRITICALCriminal cases

The petition must be filed at least ten days before the date of appearance.

The petition shall have an appropriate Order attached thereto, and it shall be filed no later than ten (10) days before the date of appearance.

CRITICALCivil cases

An answer is due within 20 days after service of the petition, unless the Court sets a shorter period or dispenses with an answer in appropriate circumstances.

The rule shall direct that an answer be filed to the petition within twenty (20) days after service of the petition on the respondent. The Court may, in appropriate circumstances, direct that an answer be filed within a shorter period of time, or dispense with the necessity of filing an answer altogether.

CRITICALCivil cases

An account must be filed with the Clerk at least 30 days before its scheduled confirmation date in the annual Court calendar.

(a) An account must be filed with the Clerk of the Orphans’ Court Division no later than thirty (30) days before the regularly scheduled confirmation date published in the annual Court calendar upon which the accountant desires to have the account presented to the Court for confirmation.

CRITICALCriminal cases

Deadline

48 hours

A motion for continuance must be filed at least 48 hours before the proceeding.

motions for continuance, which must be filed and served no later than 48 hours before the time set for the proceeding

CRITICALCivil cases

All bonds must be filed with the Clerk within 30 days of appointment.

All bonds shall be filed with the Clerk within thirty (30) days of the date of appointment.

CRITICAL

The custodian must deliver the specified exhibits to the Prothonotary/Clerk of Courts for filing within five business days after the proceeding concludes.

The custodian shall deliver all documentary exhibits, photographs, and photographs of non-documentary exhibits to the Prothonotary/Clerk of Courts for filing within five (5) business days after the conclusion of the court proceeding.

CRITICALCivil cases

Applies to

Praecipe

Discovery must be substantially completed before the praecipe placing the case on the Pre-Trial Conference List is filed.

(d) Discovery shall be substantially completed prior to the filing of the praecipe placing the case on the Pre-Trial Conference List.

CRITICALCivil cases

Applies to

Pre trial statement

A pre-trial statement must be filed at least three days before the initial pre-trial conference.

(a) All parties shall file a pre-trial statement at least three (3) days prior to the initial pre-trial conference.

CRITICAL

If no action is taken or no written objection is docketed in such a matter prior to the commencement of the general call, the Clerk of the Orphans’ Court Division shall strike the matter from the list and enter an order as of course dismissing the matter with prejudice for failure to prosecute, under the provisions of this rule.

If no action is taken or no written objection is docketed in such a matter prior to the commencement of the general call, the Clerk of the Orphans’ Court Division shall strike the matter from the list and enter an order as of course dismissing the matter with prejudice for failure to prosecute, under the provisions of this rule.

CRITICALCivil cases

If a transcript is not filed with the Prothonotary before argument on the exceptions, the exceptions may be dismissed for that reason.

If a transcript is not filed with the Prothonotary before argument on the exceptions, the exceptions may be dismissed for that reason.

CRITICALCivil cases

If the parties cannot resolve all issues at the conciliation conference, counsel and the parties must submit a proposed temporary order to the Court within seven days after the conference.

(b) If after a conciliation conference the parties cannot agree upon a resolution of all the issues, counsel and the parties shall, within seven (7) days after such conference, submit to the Court a proposed temporary order providing for the occurrence of those things agreed upon at the conciliation conference.

CRITICALCivil cases

If counsel has not been retained for the alleged incapacitated person, the petitioner must notify the Court at least seven days before the final hearing.

The petitioner shall notify the Court at least seven (7) days prior to the final hearing upon the petition if counsel has not been retained by or on behalf of the alleged incapacitated person.

CRITICALCriminal cases

Deadline

48 hours

Motions for continuance must be filed no later than 48 hours before the proceeding.

F. The following offices must be served in accordance with Pa.R.Crim.P. 576: (1) Sheriff; (2) Adult Probation; (3) Court Reporter; (4) Court Administrator (includes service of motions for continuance, which must be filed and served no later than 48 hours before the time set for the proceeding); and (5) Judge (if service upon a judge is required, or is provided as a courtesy).

CRITICALCivil cases

Exceptions to an auditor’s or master’s report must be filed within 20 days after the report is filed.

(a) Exceptions to an auditor’s report or a master’s report, must be filed within twenty (20) days after its date of filing.

CRITICAL

Each District Justice must provide the Court Administrator the specified inactive-case list by September 1 each year.

Each District Justice shall annually provide to the Court Administrator on or before the first day of September in each year a list of all civil and criminal matters in which no steps or proceedings have been taken for two (2) years or more prior thereto.

CRITICALCivil cases

Written exceptions to a report must be filed with the Clerk within 20 days from the date the report was filed.

Under the Local Orphans’ Court Rules, you have twenty (20) days from the date the Report was filed to file written exceptions to it with the Clerk of the Orphans’ Court Division.

WARNINGCivil cases

Applies to

Amended pre trial statement

A party may amend a pre-trial statement without leave before the Trial List issues; afterward, prior leave requires good cause and no substantial prejudice, and the court may impose conditions, including costs.

(b) A party may file an amended pre-trial statement as of course at any time prior to the issuance of the Trial List. After the Trial List has been issued, an amended pre-trial statement may be filed only with prior leave of court. Such leave shall be granted only for good cause and when no party will be substantially prejudiced as a result of the granting of such leave. The court may impose such conditions as it deems to be appropriate in connection with the granting of such leave, including the imposition of costs upon the moving party.

WARNINGCivil cases

If no answer to a petition is filed, the petitioner may file a praecipe after the return date or applicable notice period has passed.

In any proceeding in which an answer to a petition is not filed, after the passing of the return date or notice period, as applicable, a petitioner may file a praecipe with the Clerk directing the Clerk forthwith to transmit the file to the Court for review and possible adjudication.

WARNINGCivil cases

If timely exceptions to an auditor's report are not filed, the report will be confirmed by the Court, and the Clerk shall transmit it for confirmation.

Unless exceptions to an auditor’s report are timely filed, the report will be confirmed by the Court. The Clerk shall transmit the report as of course so it may be so confirmed.

WARNINGCivil cases

If timely exceptions to a master's report are not filed, the Court will adopt its recommendations, and the Clerk shall transmit the report for adoption.

Unless exceptions to a master’s report are timely filed, the Court will adopt its recommendations. The Clerk shall transmit the report to the Court as of course so its recommendations may be so adopted.

WARNINGCivil cases

If a party timely files exceptions, any other party may file cross-exceptions within 20 days after the exceptions are filed.

If a party files timely exceptions, any other party may file cross exceptions within twenty (20) days after the filing of exceptions.

INFOCivil cases

Written objections to the petition may be filed with the Clerk before the hearing.

You may file written objections to the Petition with the Clerk of the Orphans’ Court Division at any time before the hearing is held.