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

CRITICALCivil cases

The supporting brief must be filed at the same time as the summary-judgment motion.

A brief in support of the motion shall be filed at the same time as the motion for summary judgment is filed.

CRITICALCivil cases

The supporting brief must be filed at the same time as the preliminary objections.

A brief in support of preliminary objections shall be filed at the same time as the filing of the preliminary objections.

CRITICALCivil cases

A party filing an amended pleading in response to preliminary objections must contemporaneously file a motion to cancel the scheduled submission or argument date.

If an amended pleading is filed in response to the preliminary objections, the amending party shall contemporaneously file a motion to cancel any submission/argument date scheduled to address the preliminary objections.

CRITICAL

Unless the Court directs otherwise, proposed Voir Dire questions must be submitted at least one week before jury selection.

Unless otherwise directed, proposed Voir Dire questions are required to be submitted no later than one (1) week prior to jury selection.

CRITICALCivil cases

The Intervenor must file proof of service with the Prothonotary within five days after filing the Notice of Intervention.

(iii) Intervenor shall file with the Prothonotary, within five days of the filing of the Notice of Intervention, proof of service of copies thereof including a verified statement, as defined in Pa. R.C.P. 76, that service was made by regular mail.

CRITICALCivil cases

The arbitration status report must be filed with Court Administration 14 days before the scheduled arbitration date.

All orders of court scheduling the arbitration hearing shall provide for notification that an arbitration status report shall be filed with Court Administration fourteen (14) days prior to the scheduled arbitration date.

CRITICAL

Deadline

30 calendar days

Interested parties must file a motion to reclaim exhibits within 30 calendar days after service of the filing office's motion.

All interested parties shall be given notice of such Motion and must file a Motion to Reclaim Exhibits within thirty (30) calendar days of service of the Motion.

CRITICAL

Deadline

5 business days

Applies to

Exhibits

The custodian must file accepted and rejected exhibits with the records office within five business days after the proceeding concludes, unless the court directs otherwise.

(ii) Except as provided herein, file all documentary exhibits, photographs, photographs of non-documentary exhibits, and non-documentary exhibits accepted or rejected during the court proceeding with the records office within five (5) business days of the conclusion of the court proceeding unless otherwise directed by the court;

CRITICAL

Daily, expedited, and same-day transcript requests must be filed at least 10 days before the proceeding.

(C) Requests for daily, expedited or same day requests for these transcripts shall be filed in writing in the Butler County District Court Administrator's office at least 10 days prior to the proceeding.

CRITICAL

Daily, expedited, and same-day transcript requests must be filed in writing at least 10 days before the proceeding.

Requests for daily, expedited or same day requests for these transcripts shall be filed in writing in the Butler County District Court Administrator's office at least 10 days prior to the proceeding.

CRITICAL

Unless the court orders otherwise, the court reporter must deliver an appeal transcript within 14 days after receiving notice from the district court administrator.

(A) Unless otherwise ordered by the court, the court reporter shall deliver the transcript for those cases under appeal within 14 days of receiving notice from the district court administrator as required by Pa.R.A.P. 1922(a).

CRITICALCivil cases

The court reporter must file the transcript immediately after preparation costs are paid, or immediately upon completion in an in forma pauperis case.

Upon payment of all costs for preparation of the transcript (except in in forma pauperis cases), the court reporter shall immediately file the transcript of testimony. In in forma pauperis cases the transcript shall be filed immediately upon its completion.

CRITICAL

The mediator must file the conference report within 20 days after the mediation conference.

Within twenty (20) days from the date of mediation conference, the mediator shall file with the Prothonotary a sealed mediation conference report which shall set forth the following:

CRITICALCivil cases

The Assessment Appeals Panel must file its award within seven days after the hearing is completed.

The Assessment Appeals Panel shall file their award within seven (7) days after the completion of hearing.

CRITICALCivil cases

Applies to

Real estate tax assessment appeal status report

The status report must be filed with Court Administration 10 days before the scheduled hearing.

(b) Real Estate Tax Assessment Appeal Status Report. All orders of court scheduling the Real Estate Tax Assessment Appeal hearing shall provide for notification that a Real Estate Tax Assessment Appeal status report shall be filed with Court Administration ten (10) days prior to the scheduled hearing date.

CRITICAL

A party may file a Request for Custody Pretrial Conference within 30 days after service of the specified Custody Order if no comprehensive agreement was reached.

A party may file a Request for Custody Pretrial Conference anytime within 30 days after service of a Custody Order issued as a result of a Conciliation Conference, in cases where a comprehensive agreement is not reached.

CRITICALCivil cases

Arbitrators must file their award within seven days after the arbitration hearing is completed.

Arbitrators shall file their award within seven (7) days after the completion of the arbitration hearing.

CRITICAL

Deadline

5 business days

Applies to

Exhibits and exhibit index form

The custodian at the conclusion of the proceeding must file the Exhibit Index Form and exhibits with the appropriate records office within five business days.

The custodian at the conclusion of the proceeding shall file with the appropriate records office a typewritten Exhibit Index Form. The exhibits and standardized Exhibit Index Form set forth in Appendix I shall be typewritten and filed with the appropriate records office within five (5) business days from the conclusion of the proceeding.

CRITICAL

A status conference may not be scheduled earlier than 90 days after the complaint is filed.

Status Conferences shall not be scheduled sooner than ninety (90) days following the filing of the complaint.

CRITICAL

Applies to

Plaintiff pretrial statement

All plaintiffs must file a pre-trial statement within 30 days after the praecipe for trial is filed.

A pre-trial statement shall be filed by all plaintiffs within thirty (30) days after the praecipe for trial is filed.

CRITICAL

Counsel or unrepresented parties must file a Pretrial Narrative with the Prothonotary’s Office at least seven days before the Pretrial Conference.

Counsel or the parties, if unrepresented, shall file a Pretrial Narrative with the Prothonotary’s Office at least seven days prior to the Pretrial Conference.

CRITICALCivil cases

Non-moving parties must file their briefs no later than one week before the scheduled submission or argument date.

Briefs for the non-moving parties shall be filed and served no later one (1) week prior to the scheduled submission/argument date.

CRITICAL

Applies to

Defendant pretrial statement

All defendants and additional defendants must file their pre-trial statements no later than 5 days before the scheduled pre-trial conference.

Pre-trial statements on behalf of all defendants and additional defendants shall be filed no later than five (5) days prior to the scheduled pre-trial conference date.

CRITICAL

Deadline

5 business days

The custodian must file the specified exhibits and photographs with the records office within five business days after the proceeding concludes, unless the court directs otherwise.

(ii) Except as provided herein, file all documentary exhibits, photographs, photographs of non-documentary exhibits, and non-documentary exhibits accepted or rejected during the court proceeding with the records office within five (5) business days of the conclusion of the court proceeding unless otherwise directed by the court;

CRITICAL

The plaintiff or lender must file the Affidavit before the matter is scheduled for consideration by the assigned judge or for arbitration.

Before any matter will be scheduled for consideration before the assigned judge or for arbitration, the plaintiff/lender must file an Affidavit, which discloses: the date and manner of service of the "Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program"; whether or not the defendant/borrower has requested to participate in the Consumer Credit Residential Mortgage Foreclosure Diversion Program; and, whether or not there is a present, court-ordered stay in effect.

CRITICAL

If no appeal is taken and 60 days pass after the final date to appeal, the filing office must move for an order to destroy or dispose of proffered exhibits.

If an appeal has not been taken within the time frame allowed under the Pennsylvania Rules of Appellate Procedure or Statue and sixty (60) days have lapsed since the final date on which an appeal was to be taken, the applicable filing office shall Motion for an Order of Court to destroy or dispose of proffered exhibits.

CRITICALCivil cases

Deadline

10 business days

Each party must file its pre-trial statement with the Prothonotary 10 business days before the pre-trial conference.

Ten (10) business days before the pre-trial conference, each party shall file with the Prothonotary, and serve upon opposing counsel, a pre-trial statement which complies in all material respects with the requirements of Pa.R.C.P. No. 1920.33(b).

CRITICALCivil cases

Non-moving parties must file their briefs no later than one week before the scheduled submission or argument date.

Briefs for the non-moving parties shall be filed and served no later than one (1) week prior to the scheduled submission or argument date.

CRITICAL

Deadline

5 business days

Applies to

Exhibits and exhibit index form

The exhibits and standardized Exhibit Index Form must be filed with the appropriate records office within five business days after the proceeding concludes.

The exhibits and standardized Exhibit Index Form set forth in Appendix I shall be typewritten and filed with the appropriate records office within five (5) business days from the conclusion of the proceeding.

CRITICALCivil cases

After a Real Estate Tax Assessment Appeal is filed, Court Administration must schedule the Conciliation Conference for a date at least 60 days after the last day to file an appeal.

(a) Upon the filing of a Real Estate Tax Assessment Appeal, a Conciliation Conference date shall be scheduled by Court Administration for a time not less than sixty days after the last date for the filing of an Appeal.

CRITICAL

Deadline

5 business days

The exhibits and standardized Exhibit Index Form must be filed with the appropriate records office within five business days after the proceeding concludes.

The exhibits and standardized Exhibit Index Form set forth in Appendix I shall be typewritten and filed with the appropriate records office within five (5) business days from the conclusion of the proceeding.

CRITICAL

If no appeal is taken, the filing office must move for an order to destroy or dispose of proffered exhibits after 60 days have elapsed since the last date to appeal.

If an appeal has not been taken within the time frame allowed under the Pennsylvania Rules of Appellate Procedure or Statue and sixty (60) days have lapsed since the final date on which an appeal was to be taken, the applicable filing office shall Motion for an Order of Court to destroy or dispose of proffered exhibits.

CRITICALCivil cases

Proposed guardians ad litem must provide their annual updates to Domestic Relations no later than January 5 each year.

Each year, no later than January 5, proposed Guardians Ad Litem shall provide the following updated documents to Domestic Relations:

CRITICALCivil cases

Applies to

Real estate tax assessment appeal status report

The status report must be filed with Court Administration no later than 10 days before the hearing.

A Real Estate Tax Assessment Appeal status report, in the form set forth as attached hereto, shall be filed with Court Administration on or before _____________, no later than 10 days prior to the hearing. A copy of the Real Estate Tax Assessment Appeal status report form is available on the Butler County Website, www.co.butler.pa.us.

CRITICAL

Deadline

30 calendar days

Interested parties must file a motion to reclaim exhibits within 30 calendar days after service of the motion to destroy or dispose of them.

All interested parties shall be given notice of such Motion and must file a Motion to Reclaim Exhibits within thirty (30) calendar days of service of the Motion.

CRITICAL

The mediation conference must be held within 60 days after the case is assigned to a mediator.

The Court Administrator shall schedule the mediation conference to be held within sixty days of the assignment of the case to a mediator.

CRITICAL

A request for an expedited, daily, or same-day transcript must be submitted to the Court at least ten days before the proceeding and approved by the Court.

Requests for expedited, daily or same day transcripts must be approved by the Court following the submission of such request to the Court at least ten days prior to the proceeding.

CRITICAL

Required supplementation to a previously filed pre-trial statement must be filed at least 10 days before the mediation conference.

In the event a pre-trial statement has been previously filed, said pre-trial statement shall serve to provide the information required for a mediation statement. In the event any prior pre-trial statement requires updating or additional information to provide all categories for a mediation statement, said supplementation to the pre-trial statement shall be filed at least (10) days prior to the mediation conference.

CRITICAL

The mediator must file a report within 20 days after the mediation conference.

The mediator shall file his or her report within twenty (20) days from the date of the mediation conference in accordance with Butler County L.R. C.P. L212.1(f)(9)

CRITICAL

The mediator list showing the parties’ strikes must be returned to the Prothonotary within 30 days after service of the proposed-mediator list.

The listing of mediators with strikes shall be returned to the Prothonotary within thirty (30) days from the date when the list of proposed mediators was served on the parties.

CRITICAL

Unless the court calendar is otherwise scheduled, the pre-trial conference must be scheduled within 60 days after the praecipe for trial is filed.

Unless the court’s calendar is otherwise scheduled, a case shall be scheduled for pre-trial conference within sixty (60) days of the filing of the praecipe for trial.

CRITICAL

The completed mediator-assignment form must be returned to the Prothonotary within 20 days of assignment of the proposed mediators.

This completed form shall then be returned to the Prothonotary within twenty (20) days of the date of assignment of the proposed mediators.

CRITICALCivil cases

If a party seeks to avoid sanctions for an exhibit omission, it must provide the Special Master, if any, with complete copies of all identified exhibits within 10 days after the appointment order is docketed.

(ii) he has provided a complete copy of all of the exhibits identified in his Pretrial Statement to the Special Master, if any, within 10 days after docketing of the Order appointing the Special Master;

CRITICALCivil cases

If the docket is not settled within ten days of the settlement date in the parties’ Stipulation, the Appellant must appear at the specified hearing, which is canceled if the docket is settled.

If the docket is not settled within ten (10) days of the settlement date set forth the parties’ Stipulation, Appellant shall appear before the court on the __________day of _______________at 9:00 o’clock a.m. in courtroom ________. Settlement of the docket shall cancel this hearing.

CRITICAL

After an appeal, once all matters are finally disposed of and at least 60 days have passed since receipt of the appellate disposition, the filing office must move for an order to destroy or dispose of proffered exhibits if no reclaim motion is filed.

If an appeal has been taken, no earlier than sixty (60) days from the receipt of disposition of appeal from the appellate court(s), and provided that all matters in the case have been finally disposed of, the applicable filing office shall Motion for an Order of Court to destroy or dispose of proffered exhibits in sixty (60) days if no Motion to Reclaim Exhibits is filed.

CRITICAL

The trial term must occur within 90 to 120 days after the praecipe is filed.

The trial term during which the case shall be scheduled shall occur within ninety (90) to one hundred and twenty (120) days from the filing of the praecipe.

CRITICALCivil cases

Applies to

Praecipe to settle and discontinue

The Praecipe to Settle and Discontinue must be filed within 10 days of settlement.

You will be required to file a Praecipe to Settle and Discontinue within 10 days.

CRITICAL

The Request for Conciliation Conference must be filed with the Prothonotary within 30 days after service of the program notice.

The Request for Conciliation Conference shall be filed with the Prothonotary within thirty 30 days of service of the Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program and shall be served upon the plaintiff/lender.

CRITICALCivil cases

Counsel must provide the Court with a status report on or before the specified date.

Counsel shall provide this Court with a status report on or before .

CRITICALCivil cases

The civil trial status report is due by noon on the Wednesday before jury selection.

Said status report shall be filed no later than noon on the Wednesday preceding jury selection.

WARNING

If an appeal has been taken, and all matters in the case are finally disposed of, the filing office’s motion to destroy or dispose of proffered exhibits may not occur earlier than 60 days after receipt of the appellate disposition; the text also refers to a 60-day period if no motion to reclaim exhibits is filed.

If an appeal has been taken, no earlier than sixty (60) days from the receipt of disposition of appeal from the appellate court(s), and provided that all matters in the case have been finally disposed of, the applicable filing office shall Motion for an Order of Court to destroy or dispose of proffered exhibits in sixty (60) days if no Motion to Reclaim Exhibits is filed.

WARNING

For scheduling and pre-trial statement deadlines, the appeal date from a compulsory arbitration decision is treated as the praecipe-for-trial date.

In the event there is an appeal of a compulsory arbitration decision, the appeal date shall be regarded as a praecipe for trial for purposes of implementation of scheduling and timing for filing of pre-trial statements as set forth hereinabove.