Court of Common Pleas of Carbon County, Pennsylvania
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A proceeding requiring the defendant's attendance must not occur without the defendant present; defense counsel must file a continuance, or the Commonwealth must file it if the defendant is pro se.
- Agreement of counsel or the parties alone is not sufficient grounds for granting a continuance.
- A granted continuance must be set for a specified date.
- +9 more
Request must include
- Motions for continuance must be filed at least three working days before the scheduled event.
- For Arbitration, a continuance must be filed within seven days prior to the scheduled hearing under CARB.R.C.P. 1303.
- Continuance requests must be filed at least seven days before the scheduled arbitration hearing.
- A motion for continuance must be filed at least two working days before the scheduled event.
Communication
Phone
Document Format Requirements40 rules
All motions shall be in writing, except as permitted by the court or when made in open court during a trial or hearing and shall comply with Pa.R.C.P. 208.2.
Under the Local Orphans’ Court Rules, you have twenty (20) days from the date the Report was filed to file written objections to it with the Clerk of the Orphans’ Court Division.
Confidential information filed in accordance with the Public Access Policy shall be on a standardized Confidential Information Form provided by the Administrative Office of Pennsylvania Courts.
File two (2) certified copies and one electronic copy in Microsoft Word format only to bulletin@palrb.us with the Legislative Reference Bureau for publication in the P ennsylvania Bulletin.
Formatting
- •The electronic copy must be in Microsoft Word format only
Attachments smaller than 8 ½” x 11” paper shall be attached to regular size paper by using scotch tape.
All copies attached to the pleadings must be clear and legible.
Paper size shall not exceed 8 ½” x 11” and shall be on good quality paper.
Original pleadings shall be held together by paper clip or expandable spring-loaded clip.
No exhibit tabs shall be allowed.
Formatting
- •Exhibit tabs are not allowed
All exhibits shall be identified and marked on the bottom center of each exhibit.
- Exhibit
Formatting
- •Identify and mark each exhibit at the bottom center
Pages must be consecutively numbered beginning with page 2 and said number shall appear in the upper right hand corner of the pleading.
Original pleadings shall not be highlighted by the use of colored markers. Highlighting of text can be done on the computer by bolding or using a different shape and size of font.
The use of backers and/or toppers is prohibited.
All documents shall be single-sided, double spaced and the font size shall be no less than 12 points.
- Font size
- At least 12 points
- Line spacing
- Double
Any digital exhibit that is not also presented via photograph, and any documentary exhibits of extraordinary size or bulk shall be entered into the record on a Universal Serial Bus (USB) flash drive.
The photograph of a retained non-documentary exhibit must be in color and presented in a letter-sized document.
- Paper size
- Letter
Court's wording
Any non-documentary exhibit which is retained by the Proponent during or after the Court, Master, or Hearing Officer proceeding must be photographed in color by the Proponent and presented in a letter-sized form (8 1/2 x 11 inches) document for inclusion in the record prior to the end of the proceeding.
File two paper copies and one electronic copy in Microsoft Word format of this Administrative Order and Local Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
the proposed order shall comply substantially with the prescribed format in Form A.
A copy of an offered document larger than 8 1/2 x 11 inches must be reduced to 8 1/2 x 11 inches or smaller.
Court's wording
In accordance with Pa.R.J.A. No. 5103(a)(1), if a Proponent offers into evidence a document that is larger in size than 8 1/2 x 11 inches, the Proponent shall ensure that a copy of the document reduced to 8 1/2 x 11 inches (or smaller) is entered into the record.
A photograph of a non-documentary exhibit entered into the record must be no larger than 8 1/2 x 11 inches.
Court's wording
With respect to any non-documentary exhibit, the Proponent shall also ensure that a photograph (no larger in size than 8 1/2 x 11 inches) of the exhibit is entered into the record for inclusion in the documentary record.
A photograph of a covered hazardous or dangerous exhibit entered into the record must be no larger than 8 1/2 x 11 inches.
Court's wording
With respect to the exhibits covered by this paragraph, the Proponent shall ensure that a photograph (no larger in size than 8 1/2 x 11 inches) of the exhibit is also entered into the record for inclusion in the documentary record.
All requests for transcripts shall be set forth on the standardized form provided by the Administrative Office of Pennsylvania Courts.
The monthly non-appeal transcript report must use a form provided by the District Court Administrator.
Court's wording
In addition to the filing requirements of Rule 4006 (F) (matters on appeal), court reporters shall file a separate monthly report with the District Court Administrator of all ordered or requested transcripts for matters not under appeal on a form to be provided by the District Court Administrator. On this form, the court reporters shall report on the status of each request or order for a transcript of court proceedings in chronological order starting with the earliest request or order made to the most recent.
Counsel for the moving party shall in all matters file an original and two (2) copies of a supporting brief in the Office of the Prothonotary
Each adverse party or his counsel of record shall file in the Office of the Prothonotary an original and two (2) copies of a brief in answer
The form of this complaint shall be that attached to this Rule.
The order must follow Pa.R.C.P. 206.6(c) with paragraphs (4) and (5) deleted, a new paragraph (4) substituted, and paragraph 6 renumbered as paragraph 5.
Court's wording
The order shall be pursuant to Pa.R.C.P.206.6(c) except that it shall be modified by deleting paragraphs (4) and (5) and substituting a new paragraph (4) which shall state: an evidentiary hearing on disputed issues of material fact shall be held on ________________ day of _____________, 20__, at _________ time, in Courtroom No. _______ of the Carbon County Courthouse. Paragraph number 6 shall be renumbered to number 5.
The forms attached hereto shall be used to commence or amend an action pursuant to Pa.R.C.P.1901.3(a).
As required by Pa.R.C.P. 1361, each Notice to Plead shall be prepared in English and Spanish.
The form of the private criminal complaint shall be that attached to this Rule.
All local criminal procedural rules adopted by the Court of Common Pleas of Carbon County under the authority of Pa.R.Crim.P.105 shall be known as the Carbon County Local Rules of Criminal Procedure and shall be cited as “CARB.R.Crim.P. _______.”
e-mail one (1) copy in Microsoft Word format to bulletin@palrb.us
Formatting
- •The copy emailed to bulletin@palrb.us must be in Microsoft Word format
If you need to refer to a piece of confidential information in a document, use the alternate references. If you need to attach additional pages, sequentially number each alternate reference – i.e. SSN 3, SSN 4, etc.
Opinions of an appellate court, of this or any other jurisdiction shall be cited from the National Reporter System if reported therein, otherwise to the official reports of the applicable state appellate courts, if reported therein.
AND/OR (please circle one, if applicable)
Document Filing Requirements310 rules
A Motion Cover Sheet, marked Form “B”, shall be attached to any motion or petition being filed.
A Civil Cover Sheet marked Form A must be attached to any document commencing an action, in addition to the mandatory Supreme Court Civil Cover Sheet.
Court's wording
Pursuant to this rule and in addition to the mandatory Supreme Court Civil Cover Sheet, a Civil Cover Sheet marked Form “A”, shall be attached to any document commencing an action (whether the action is commenced by Complaint, Writ of Summons, Notice of Appeal, or by Petition) in the Prothonotary's office.
The person to be named in the notice shall be pursuant to CARB.R.C.P.1018.1.
In discovery motions, a certification that counsel has conferred or attempted to confer with all interested parties to resolve the matter without court action pursuant to CARB.R.C.P.208.2(e); and
- Document
- Discovery motion
Include
- •Certificate of conference
A brief statement of applicable authority pursuant to CARB.R.C.P.208.2(c);
The failure, in any motion, to state a type of relief or a ground therefore shall constitute a waiver of such relief or ground.
If uncontested, a certification pursuant to CARB.R.C.P.208.2(d);
Self-addressed, stamped envelopes for each attorney and unrepresented party shall be provided with the filing of the motion to the Prothonotary’s Office for service of the Order of Court.
The notice of filing must use the prescribed form, including notice of the report filing, the attached report, the objection deadline and filing instructions, and the possible consequence of failing to object.
Court's wording
The notice required above shall be in the following form: {CAPTION} NOTICE OF FILING AUDITOR’S (HEARING OFFICER’S) REPORT TAKE NOTICE, that the undersigned, the duly appointed auditor, (hearing officer) filed his (her) Report with the Clerk of the Orphans’ Court Division on ______________, 2_____. A copy of the Report is attached. Under the Local Orphans’ Court Rules, you have twenty (20) days from the date the Report was filed to file written objections to it with the Clerk of the Orphans’ Court Division. If you fail to do so, the Court may confirm the Report (may adopt the recommendations of the Report). Auditor (Hearing Officer)
When posting realty as bail, a licensed real estate broker shall perform a written appraisal of the fair market value.
The Clerk of Courts shall enter a judgment of record in favor of the County of Carbon on any realty posted as bail for the full amount of the undertaking.
All Orders are subject to the approval of the Chief Adult Probation Officer.
When the defendant has been recommended for parole, an intake shall be completed prior to the defendant’s release from prison. The intake shall include the completion of a risk and needs assessment.
The Court in the Order of Sentence for a period of incarceration shall state the minimum period of time that the offender must serve prior to being eligible for parole.
A paroling order must include the offender and institution, sentence and expiration dates, favorable institutional adjustment, proposed home plan, and proposed employment or vocational training if available.
Court's wording
The Paroling Order shall include the name of the offender and his or her institution; the sentence for which the parole is sought; the minimum and maximum expiration dates of the sentence; the offender’s institutional adjustment that reflects favorably for parole consideration; proposed home plan; and proposed employment or vocational training, if available.
Inmates who appear over one (1) hour late will be required to petition the Court for parole.
If parole is denied based on the opposition expressed by the Commonwealth or the victim, the offender must petition the Court for a parole hearing.
For qualifying DUI sentences, the Correctional Facility must prepare a memorandum stating the time served on that docket and the parole date, and forward it to the Clerk of Courts.
Court's wording
For those offenders serving a sentence as a result of a violation of 75 Pa.C.S.A §3802 (relating to DUI), the Carbon County Correctional Facility shall prepare a memorandum stating the time served on that specific docket, the parole date and forward the memorandum to the Clerk of Courts in accordance with Act 151.
An inmate who violates the stated guidelines while serving the sentence must petition the Court for parole.
Court's wording
Any inmate during the period of serving their sentence in violation of the aforementioned guidelines shall not be released from the Correctional Facility and shall begin serving their sentence in continuous days. The inmate will be required to petition the Court for parole.
Denial of Petition for Parole: If parole is not granted, regardless of the circumstances, the defendant must file a petition for parole with the Court, whereupon a hearing will be scheduled.
If a defendant fails to appear to serve a sentence in accordance with the Order of the Court, the Correctional Facility shall file a petition with the Court requesting a warrant for the defendant’s arrest.
The Commonwealth will subpoena any required individuals needed to testify at the parole hearing.
The auditor must file a written report within 45 days after the hearing concludes and, insofar as practicable, include the specified procedural history, findings, discussion, conclusions, and account.
Court's wording
Within forty-five (45) days after the conclusion of the hearing the auditor shall file a written report which insofar as it is practicable shall contain (i) a history of the proceedings before the auditor, (ii) findings of fact, numbered consecutively, (iii) a concise discussion of the evidence presented and the legal issues involved, (iv) conclusions of law, numbered consecutively, and (v) a statement of the account.
In the event the beneficiary is an incapacitate person, appropriate changes are to be made.
Counsel shall set forth in the Order a separate provision for each minor or incapacitated person.
Within thirty (30) days from the date of this Order, counsel shall file with the Motion’s Court an Affidavit from counsel certifying compliance with this Order.
(B) On behalf of the Court, the Chief Adult Probation Officer shall submit a copy of the Guideline Sentencing Form to the Pennsylvania Commission on Sentencing as required by 204 Pa. Code § 303.1 (d).
Before sentencing, the represented defendant and counsel, or the unrepresented defendant, must execute and sign the appellate-rights form; counsel must review and explain it, and counsel’s signature certifies that the defendant understands it to the best of counsel’s knowledge, information, or belief.
Court's wording
(A) Before the sentencing hearing, defendant and his/her counsel, or if unrepresented, the defendant shall execute a form entitled “APPELLATE RIGHTS OF DEFENDANT AFTER SENTENCING”, which is attached hereto. Defendant’s counsel shall review and explain said form to the Defendant. The defendant and defendant’s counsel shall sign this form. Defendant counsel’s signature thereon shall constitute a certification by the attorney that he/she has read, discussed, and explained the form to the defendant, and that to the best of his/her knowledge, information, or belief that his/her client understands the form.
Confidential information must not be included in a filed document unless it is submitted on a Confidential Information Form filed at the same time.
Court's wording
Information that is confidential as defined by the Public Access Policy shall not be included in any document filed in the Court of Common Pleas of Carbon County, except on a Confidential Information Form filed contemporaneously with the document.
For proceedings requiring the defendant's attendance, defense counsel must prepare, file, and present the writ; for a pro se defendant, the Commonwealth must do so.
Court's wording
With respect to proceedings at which the defendant’s attendance is required, defense counsel shall be responsible for the preparing, filing and presenting of this writ to the Court at least five (5) working days before the scheduled event. In the case of a pro se defendant, the Commonwealth shall be responsible for the preparing, filing and presenting of the writ required under this rule.
A writ must be prepared, filed, and presented by the party requesting an incarcerated individual's attendance.
Court's wording
At any proceeding before the Court at which the attendance is requested of an individual who is incarcerated, a writ shall be prepared, filed and presented by the party requesting attendance of said individual at least five (5) working days before the scheduled event.
a motion stating specifically the objections thereto
Confidential information filed in accordance with the Public Access Policy shall be on a standardized Confidential Information Form provided by the Administrative Office of Pennsylvania Courts.
except on a Confidential Information Form filed contemporaneously with the document.
When a Motion for Continuance is requested because of an attachment of another Court, the Attorney shall provide a copy of said attachment with the Motion for Continuance.
Filing & Service rules
Electronic Filing Rules
The transcript and associated documents must be scanned and transmitted digitally to the Carbon County Clerk of Courts instead of transmitted in physical paper form.
The transcript and any associated documents shall be electronically scanned and transmitted to the Carbon County Clerk of Courts in digital format in lieu of transmitting the physical paper transcript and associated documents.
Criminal cases
Page 1 | RULE 547. TRANSMITTAL OF TRANSCRIPT AND ASSOCIATED DOCUMENTS.
The District Court Administrator must email one certified copy of the order to the Administrative Office of Pennsylvania Courts.
File one (1) certified copy of this Administrative Order with the Administrative Office of Pennsylvania Courts via email to adminrules@pacourts.us.
Criminal cases
Page 1 | Administrative directives for publication and distribution
The District Court Administrator must send two certified copies and one electronic copy to the Legislative Reference Bureau, with the electronic copy in Microsoft Word format.
File two (2) certified copies and one electronic copy in Microsoft Word format only to bulletin@palrb.us with the Legislative Reference Bureau for publication in the P ennsylvania Bulletin.
Criminal cases
Page 1 | Administrative directives for publication and distribution
The District Court Administrator must file two paper copies and one electronic copy in Microsoft Word format with the Legislative Reference Bureau.
File two paper copies and one electronic copy in Microsoft Word format of this Administrative Order and Local Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
Civil cases
Page 2 | Administrative Order 10-2020
PACFile is the exclusive system for electronic filing.
The exclusive system for electronic filing is the PACFile System, developed and administered by the Administrative Office of the Pennsylvania Courts and located on Pennsylvania’s Unified Judicial System Web Portal at https://ujsportal.pacourts.us/PACFile.aspx.
Criminal cases
Page 1 | B. PACFile
PACFile filing is voluntary, and parties who decline or are unable to use or access PACFile may file and receive legal papers in hard-copy form.
At this time, electronic filing through the PACFile System is voluntary. Any party who declines to participate in the PACFile electronic filing system, or who is unable to electronically file or accept service of legal papers which were filed electronically, or who is otherwise unable to access the PACFile system, shall be permitted to file legal papers in a physical paper format (‘hard-copy’) and shall be served legal papers in a physical paper format by the Clerk of Courts and other parties, whether electronically filed or otherwise, as required by Pa.R.Crim.P. 576.
Criminal cases
Page 1 | B. PACFile
The Clerk of Courts must accept and retain hard-copy legal papers and convert them to PDF and add them to the system, except for papers excluded from electronic filing.
Any legal paper submitted for filing to the Clerk of Courts in a physical paper (or ‘hard-copy’) format shall be accepted by the Clerk of Courts in that format and shall be retained by the Clerk of Courts as may be required by applicable rules of court and record retention policies. The Clerk of Courts shall convert such hard-copy legal paper to .pdf and add it to the system, except those legal papers excluded from electronic filing pursuant to Pa.R.Crim.P. 576.1(C) and this rule.
Criminal cases
Page 2 | C. Legal Papers
The District Court Administrator must file one electronic copy of the Administrative Order and Rule with the Administrative Office of Pennsylvania Courts.
1. File one (1) copy electronically to adminrules@pacourts.us of this Administrative Order and Rule with the Administrative Office of Pennsylvania Courts.
Page 1 | Administrative Order No. 14-2016
The District Court Administrator must file two paper copies and one electronic copy with the Legislative Reference Bureau for publication.
2. File two (2) paper copies and one (1) electronic copy in a Microsoft Word format to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
Page 1 | Administrative Order No. 14-2016
The District Court Administrator must file two paper copies and one electronic copy with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
File two paper copies and one electronic copy in Microsoft Word format with the Legislative Reference Bureau for publication in the P ennsylvania Bulletin.
Criminal cases
Page 1 | ADMINISTRATIVE ORDER NO. 7-2019
The rule's definition of legal papers excludes specified warrant applications, grand jury materials, authorized ex parte submissions, and submissions filed or authorized to be filed under seal.
“Legal papers” are pleadings or other submissions to the court, including motions, answers, notices, or other documents, of which filing is required or permitted, including orders, exhibits and attachments, but excluding: (a) applications for search warrants; (b) applications for arrest warrants; (c) any grand jury materials, except the indicting grand jury indictment or the investigating grand jury presentment; (d) submissions filed ex parte as authorized by law; and (e) submissions filed or authorized to be filed under seal.
Criminal cases
Page 1 | C. Legal Papers
Electronic filing through PACFile is permitted in Carbon County as of July 15, 2019.
Pursuant to Pennsylvania Rule of Criminal Procedure 576.1, Electronic Filing and Service of Legal Papers, electronic filing of legal papers through the PACFile electronic filing system is permissive in Carbon County, the 56th Judicial District, as of July 15th, 2019.
Criminal cases
Page 1 | A. General Scope and Purpose of the Rule
Written motions, answers, notices, and other documents requiring filing must be filed with the Prothonotary by personal delivery or mail.
All written motions and any written answers, and any notices, or documents for which filing is required, shall be filed with the Prothonotary. Filing shall be by: (a) personal delivery to the prothonotary; or (b) mail addressed to the prothonotary.
Page 1 | (B) FILING
Filing Timing and Cure Windows
Unless the law provides otherwise, mailed filings are timely only if the Prothonotary actually receives them by the filing deadline.
Except as provided by law, filing by mail shall be timely only when actually received by the prothonotary within the time fixed for filing.
Page 1 | (B) FILING
The Prothonotary must accept documents presented for filing, record the receipt date by timestamp and docket entry, and promptly place covered documents in the case file.
The prothonotary shall accept all written motions, answers, notices, or documents presented for filing. When a document, which is filed pursuant to paragraph (A)(1), is received by the prothonotary, the prothonotary shall time stamp it with the date of receipt and make a docket entry reflecting the date of receipt, and promptly shall place the document in the case file.
Page 1 | (B) FILING
If a pro se party gives a judge an unfiled document requesting cognizable legal relief, the judge must promptly forward it to the Prothonotary for filing and processing.
If a pro se party submits a document to a judge without filing it with the prothonotary, and the document requests some form of cognizable legal relief, the judge promptly shall forward the document to the prothonotary for filing and processing in accordance with this rule.
Page 2 | (B) FILING
A party of record may file objections within 20 days from the filing of the report.
Said notice shall state that any party of record may file objections thereto within twenty (20) days from the filing of any such report.
Civil cases
Page 1 | RULE 9.6 NOTICE OF FILING REPORT. FORM OF NOTICE. OBJECTIONS.
If no objections are filed within 20 days after the report is filed, the Court will confirm and adopt the report as a final order and decree.
If no objections are filed to an Auditor or Hearing Officer’s Report, within twenty (20) days from filing thereof, or if objections are overruled in toto by the Court, the Court shall enter an order confirming and adopting the report as a final order and decree.
Civil cases
Page 1 | RULE 9.7 CONFIRMATION OF REPORT
After the assigned officer verifies the relevant information, an order granting or denying parole must be submitted to the Court.
Once the assigned officer has verified all relevant information, an Order granting or denying parole shall be submitted to the Court.
Criminal cases
Page 3 | Pre-Parole Information
The auditor must file the report within 45 days after the hearing concludes.
Within forty-five (45) days after the conclusion of the hearing the auditor shall file a written report which insofar as it is practicable shall contain (i) a history of the proceedings before the auditor, (ii) findings of fact, numbered consecutively, (iii) a concise discussion of the evidence presented and the legal issues involved, (iv) conclusions of law, numbered consecutively, and (v) a statement of the account.
Civil cases
Page 1 | RULE 1530 – SPECIAL RELIEF. ACCOUNTING.
Any party may file exceptions to the auditor’s report within 10 days after service of the report.
Exceptions to the report of the auditor may be filed by any party within ten (10) days after service of a copy of the report upon him.
Civil cases
Page 1 | RULE 1530 – SPECIAL RELIEF. ACCOUNTING.
An appropriate petition must be filed with the Orphans’ Court within 30 days.
An appropriate Petition shall be filed with the Orphans’ Court within thirty (30) days.
Civil cases
Page 2 | OPTION 2
The affidavit must be filed within 30 days from the date of the Order.
Within thirty (30) days from the date of this Order, counsel shall file with the Motion’s Court an Affidavit from counsel certifying compliance with this Order.
Civil cases
Page 3 | ORDER OF COURT
The party requesting an incarcerated individual's attendance must prepare, file, and present a writ at least five working days before the scheduled event.
At any proceeding before the Court at which the attendance is requested of an individual who is incarcerated, a writ shall be prepared, filed and presented by the party requesting attendance of said individual at least five (5) working days before the scheduled event.
Page 1 | RULE 570.1 ATTENDANCE IN COURT OF INCARCERATED INDIVIDUALS
For proceedings requiring the defendant's attendance, defense counsel must prepare, file, and present the writ at least five working days before the event; for a pro se defendant, the Commonwealth has that responsibility.
With respect to proceedings at which the defendant’s attendance is required, defense counsel shall be responsible for the preparing, filing and presenting of this writ to the Court at least five (5) working days before the scheduled event. In the case of a pro se defendant, the Commonwealth shall be responsible for the preparing, filing and presenting of the writ required under this rule.
Page 1 | 2. Attendance Required
The case-event timeline lists motions filing deadlines of 8 months for fast-track cases, 14 months for standard-track cases, and 20 months for complex-track cases.
Motions Filing Deadline 8 months 14 months 20 months
Civil cases
Page 6 | Exhibit "1": Case Event/Timelines
A response must be filed within 20 days after the motion is served.
A response shall be filed within twenty (20) days after service of the motion.
Civil cases
Page 1 | RULE 1034(a) - MOTION FOR JUDGMENT ON THE PLEADINGS.
The photograph of the retained non-documentary exhibit must be presented for the record before the proceeding ends.
prior to the end of the proceeding.
Page 1 | Rule 5103. Custody of Exhibits. Special Provisions.
To appeal a Nolo Contendere conviction, file a motion to withdraw the plea within ten days after sentencing.
In order to appeal your conviction by a plea of Nolo Contendere, you must within ten (10) days file a written motion to withdraw your Nolo Contendere plea and state any of the four above grounds as the basis for your petition to withdraw your Nolo Contendere plea. This must be done within ten (10) days from the date you are sentenced.
Criminal cases
Page 4 | NOLO CONTENDERE COLLOQUY
A petition to withdraw a Nolo Contendere plea must be filed within 10 days of sentencing.
If you do not file your petition within ten (10) days of your sentence or do not file a Notice of Appeal to the Superior Court within thirty (30) days after your petition to withdraw your Nolo Contendere plea is denied, you give up your right to ever complain again of any of those four areas, including incompetent counsel.
Criminal cases
Page 5 | NOLO CONTENDERE COLLOQUY
An appeal from denial of a petition to withdraw a Nolo Contendere plea must be filed within 30 days.
If your petition to withdraw your Nolo Contendere plea is denied, you then have thirty (30) days to file an appeal from that denial with the Superior Court of Pennsylvania.
Criminal cases
Page 5 | NOLO CONTENDERE COLLOQUY
When Exceptions are filed to the report of a Hearing Officer, the party filing the Exceptions shall simultaneously [, within twenty (20) days of the filing of the Hearing Officer’s report,] arrange for the transcribing of the testimony of the hearing before the Hearing Officer pursuant to [in accordance with] Carbon County Local Rule of Judicial Administration 4007-Submitting and Processing Transcript Requests. [5000.5 for filing with the Court]. [Said party shall pay the stenographer for the transcript in accordance with Carbon County Local Rule of Judicial Administration 5000.7.] Absent good cause shown, failure of the excepting party to arrange for the transcript and pay the cost thereof, unless waived by the court, [as provided herein] shall result in the dismissal of said Exceptions by the Court [upon motion].
When Exceptions are filed to the report of a Hearing Officer, the party filing the Exceptions shall simultaneously [, within twenty (20) days of the filing of the Hearing Officer’s report,] arrange for the transcribing of the testimony of the hearing before the Hearing Officer pursuant to [in accordance with] Carbon County Local Rule of Judicial Administration 4007-Submitting and Processing Transcript Requests. [5000.5 for filing with the Court]. [Said party shall pay the stenographer for the transcript in accordance with Carbon County Local Rule of Judicial Administration 5000.7.] Absent good cause shown, failure of the excepting party to arrange for the transcript and pay the cost thereof, unless waived by the court, [as provided herein] shall result in the dismissal of said Exceptions by the Court [upon motion].
Civil cases
Page 1 | RULE 1910.12 – OFFICE CONFERENCE. HEARING. RECORD. EXCEPTIONS. ORDER
The District Court Administrator must incorporate the Local Rule into the complete set of Local Rules within 30 days after publication in the Pennsylvania Bulletin.
Incorporate the Local Rule in the complete set of Local Rules no later than 30 days following publication in the Pennsylvania Bulletin.
Civil cases
Page 2 | Administrative Order 10-2020
If a custody trial is scheduled before a Judge, the parties must file their Pretrial statements at least seven days before trial.
If a custody trial is scheduled before a Judge, the Interim Custody Order shall direct the parties to file a Pretrial statement at least seven (7) days prior to the trial,
Civil cases
Page 1 | RULE 1915.4 – PROMPT DISPOSITION OF CUSTODY CASES. DISPOSITION BY HEARING OFFICER
Service and Proof of Service Rules
The Praecipe must be served on all other parties or their counsel.
A copy of this Praecipe has been duly served upon all other parties or their counsel.
Civil cases
Page 1 | PRAECIPE FOR ARGUMENT
Service on the district court administrator must be by mail, by leaving a copy at the administrator’s office, or by carrier service.
Service on the district court administrator shall be by: (a) mailing a copy to the district court administrator; or (b) leaving a copy for the district court administrator at the district court administrator’s office; or (c) delivery to the district court administrator by carrier service.
Page 2 | (C) SERVICE
All written motions and any written answers, and notices or documents for which filing is required, shall be served upon each party and the district court administrator concurrently with filing.
All written motions and any written answers, and notices or documents for which filing is required, shall be served upon each party and the district court administrator concurrently with filing.
Page 2 | (C) SERVICE
Service on parties may be made by the listed personal-delivery, mail, agreed courthouse-box, agreed or authorized electronic, or carrier-service methods, subject to the stated conditions.
Service on the parties shall be by: (a) personal delivery of a copy to a party’s attorney, or the party if unrepresented; or (b) personal delivery of a copy to the party’s attorney employee at the attorney’s office; or (c) mailing a copy to a party’s attorney or leaving a copy for the attorney at the attorney’s office; or (d) in those judicial districts that maintain in the courthouse assigned boxes for counsel to receive service, when counsel has agreed to receive service by this method, leaving a copy for the attorney in the attorney’s box; or (e) sending a copy to an unrepresented party by certified, registered, or first class mail addressed to the party’s residence, business, or confinement; or (f) sending a copy by facsimile transmission or other electronic means if the party’s attorney, or the party if unrepresented, has agreed to this type of service or the attorney has provided a facsimile signature on any pleading authorizing this method of service for the document; or (g) delivery to the party’s attorney, or the party if unrepresented, by carrier service.
Page 2 | (C) SERVICE
The Auditor or Hearing Officer must mail notice of the report filing by First Class mail to counsel, unrepresented parties, and other interested parties of record, and attach proof of service to the report.
An Auditor or Hearing Officer appointed by the Court pursuant to 20 Pa. C.S. §751 shall give notice by First Class mail of the filing of any report to counsel, unrepresented parties or other interested parties of record. Proof of service shall be attached to the report.
Civil cases
Page 1 | RULE 9.6 NOTICE OF FILING REPORT. FORM OF NOTICE. OBJECTIONS.
The Adult Probation/Parole Department must notify the District Attorney’s Office at least 10 days before the minimum release date, excluding time served and offenders qualifying for automatic parole.
The Adult Probation/Parole Department shall notify the District Attorney’s Office not less than 10 day prior to the offender’s minimum release date (excluding time served or offenders who qualify for automatic parole).
Criminal cases
Page 4 | Parole Opposition
The auditor must give the parties or their attorneys written notice of the hearing’s time and place two weeks in advance.
The auditor shall give two weeks notice in writing to the parties or their attorneys of record of the time and place fixed for hearing the matter.
Civil cases
Page 1 | RULE 1530 – SPECIAL RELIEF. ACCOUNTING.
When the report is filed, the auditor must serve a copy on the parties in accordance with Pa.R.C.P. 440.
Upon filing of the report the auditor shall serve a copy of the same on the parties in accordance with Pa.R.C.P. 440.
Civil cases
Page 1 | RULE 1530 – SPECIAL RELIEF. ACCOUNTING.
A motion seeking review of a bond's form or surety must be accompanied by notice to the adverse party and/or attorney under CARB.R.C.P. 208.3(a).
together with notice to the adverse party and/or attorney in accordance with CARB.R.C.P.208.3(a).
Civil cases
Page 1 | RULE 105 - BONDS
Service is governed by Pa.R.C.P.440 and must be made on the District Court Administrator.
Pa.R.C.P.440 governs service. Service shall be required on the District Court Administrator.
Civil cases
Page 1 | RULE 1034(a) - MOTION FOR JUDGMENT ON THE PLEADINGS.
The form and any additional pages must be served on all unrepresented parties and counsel of record.
This form, and any additional pages, must be served on all unrepresented parties and counsel of record.
Page 1 | Confidential Information Form
A self-represented party must provide a copy of the entry of appearance to all other self-represented parties and attorneys of record.
The self-represented party shall provide a copy of the entry of appearance to all self-represented parties and attorneys of record.
Page 1 | RULE 1012 – ENTRY OF APPEARANCE. WITHDRAWAL OF APPEARANCE. NOTICE.
The continuance motion or form must be served concurrently with filing in the Clerk of Courts Office, pursuant to Pa.R.Crim.P. 576.
Upon filing the motion/form in the Clerk of Courts Office, concurrent service of the Motion/Form for Continuance shall be pursuant to Pa.R.Crim.P. 576.
Page 1 | RULE 106 CONTINUANCES IN SUMMARY AND COURT CASES
The Carbon County Law Journal is designated as the legal publication for service of process by publication.
The Carbon County Law Journal shall be designated by the Carbon County Court of Common Pleas to be the legal publication for service of process by publication.
Civil cases
Page 1 | RULE 430 - SERVICE PURSUANT TO SPECIAL ORDER OF COURT. PUBLICATION.
Service of the summary-judgment motion is governed by Pa.R.C.P.440 and must be made on the District Court Administrator.
Pa.R.C.P.440 governs service. Service shall be required on the District Court Administrator.
Civil cases
Page 1 | RULE 1035.2(a) – MOTION FOR SUMMARY JUDGMENT
Parties who decline or are unable to use or access PACFile must be served legal papers in hard-copy form by the Clerk of Courts and other parties, as required by the cited rule.
At this time, electronic filing through the PACFile System is voluntary. Any party who declines to participate in the PACFile electronic filing system, or who is unable to electronically file or accept service of legal papers which were filed electronically, or who is otherwise unable to access the PACFile system, shall be permitted to file legal papers in a physical paper format (‘hard-copy’) and shall be served legal papers in a physical paper format by the Clerk of Courts and other parties, whether electronically filed or otherwise, as required by Pa.R.Crim.P. 576.
Criminal cases
Page 1 | B. PACFile
Settlement motions involving a minor or incapacitated person must be filed and served under CARB R.C.P. 208.3(a).
Motions for Settlement of a case in which a minor or incapacitated person has an interest shall be filed and served pursuant to Carbon County Local Rule of Civil Procedure CARB R.C.P. 208.3(a).
Civil cases
Page 1 | RULE L2206 - SETTLEMENT COMPROMISE, DISCONTINUANCE AND JUDGMENT
Notice and a copy of the petition must be served on all parties with a possible interest.
A certification of service of notice and a copy of the petition to all parties with a possible interest, together with a list of those persons notified.
Civil cases
Page 2 | RULE L2206 - SETTLEMENT COMPROMISE, DISCONTINUANCE AND JUDGMENT
The Stenographer must retain a copy of the Index and provide one to each party’s counsel or directly to an unrepresented party.
The court stenographer shall retain a copy of the Index of Exhibits and provide a copy to counsel for each party, or to a party directly if unrepresented.
Page 2 | (b)(5)
Every party must simultaneously serve its Pre-Trial Statement on opposing counsel when filing it.
Every party shall simultaneously file and serve upon opposing counsel a Pre-Trial Statement on or before the date established in the management review order or the order of court granting a motion to extend milestones.
Civil cases
Page 1 | RULE 212.1- CIVIL ACTIONS TO BE TRIED BY JURY. NOTICE OF EARLIEST TRIAL DATE. TIME FOR COMPLETING DISCOVERY AND FILING PRE-TRIAL STATEMENT.
Submit the transcript request form to the District Court Administrator with copies to the Presiding Judge, court reporter, and opposing counsel or unrepresented party.
The request form shall be submitted to the District Court Administrator with copies to the Presiding Judge, the court reporter and opposing counsel/unrepresented party.
Page 1 | A. Transcript Requests
Filing Fees and Waivers
When posting realty as bail, the depositor must pay the Prothonotary-established fee to the Clerk of Courts for recording and satisfying the judgment of record.
The depositor shall pay a fee, which is established by the Prothonotary, for the cost of recording and satisfying the Judgment of Record to the Clerk of Courts upon the posting of the realty.
Criminal cases
Page 1 | MONETARY CONDITION OF RELEASE ON BAIL
Preparing, copying, and re-filing requested court documents costs $8.00 per quarter hour, with no charge for the first fifteen minutes.
Preparing, copying and re-filing requested court documents -- $8.00 per ¼ hour with no fee charged for the first fifteen minutes;
Page 1 | Fee Schedule
Postage is charged at actual cost.
Postage at actual cost;
Page 1 | Fee Schedule
Estimated costs must be prepaid, and any difference between estimated and actual costs must be paid before the requested materials are delivered.
Estimated costs are to be prepaid; any outstanding difference between the actual and estimated costs shall be paid before delivery of the requested materials;
Page 1 | Fee Schedule
Copies cost $0.25 per page.
Copying per page -- $.25;
Page 1 | Fee Schedule
Parties placed in either treatment court must pay a $500 administrative fee upon placement.
all parties placed into either the Carbon County Veterans Treatment Court or the Carbon County Drug Treatment Court shall be assessed an Administrative Fee of $500.00 upon placement in the program.
Criminal cases
Page 1 | Administrative Fee
If the Hearing Officer determines that complex custody issues require additional funds for the Hearing Officer’s fees, the Hearing Officer must prepare a Court order directing the deposit and allocating responsibility for it.
If the Hearing Officer determines at the pre-hearing conference that the custody issues are complex and that additional sums should be deposited to cover the payment of the Hearing Officer’s fees, the Hearing Officer shall prepare an order for the Court directing the deposit of additional sums of money and allocating who shall be responsible for deposit of additional funds.
Civil cases
Page 1 | RULE 1915.4 – PROMPT DISPOSITION OF CUSTODY CASES. DISPOSITION BY HEARING OFFICER
When filing a custody claim or modification petition, the moving party must deposit $150.00 in addition to the filing fee unless the Court excuses the deposit.
Upon the filing of any claim or modification petition for custody the moving party shall deposit with the Prothonotary in addition to the filing fee the sum of $150.00 unless excused by the Court.
Civil cases
Page 1 | RULE 1915.4 – PROMPT DISPOSITION OF CUSTODY CASES. DISPOSITION BY HEARING OFFICER
To receive the $75 booking-fee discount, payment must be made in cash at the Magisterial District Court where the charges are filed before the preliminary hearing, not at the prison.
as to the $75.00 discounted rate of the booking fee if paid prior to an accused’s preliminary hearing, the fee is no longer to be paid at the prison at the time the electronic fingerprints and photographs are taken, but must be paid in cash at the Magisterial District Court where the charges are filed prior to the preliminary hearing to receive this discount.
Page 1 | Administrative Order No. 9-2021
After a case is bound over, the $100 non-discounted booking fee may be paid using an office-approved method, currently cash, credit card, certified or cashier’s check, or money order; personal checks are not accepted.
After the case is bound over to the Court of Common Pleas, the Carbon County Bureau of Collections will accept payment of the non-discounted booking fee of $100.00 by a method of payment approved by that office and which currently provides for payment in cash, credit card, certified check, cashier’s check, or money order (no personal checks).
Page 1 | Administrative Order No. 9-2021
Litigants approved for legal-aid representation need not prove economic hardship and are entitled to ordinary transcripts at no cost.
Litigants who have been approved for representation by legal aid services shall not be required to prove economic hardship and shall be entitled to obtain ordinary transcripts at no cost.
Page 3 | B. Waiver/Reduction of Transcript Costs
Applicable filing fees must be paid using the Clerk of Courts' procedures and at the time and amount required by the governing statute, rule, order, or published fee schedule.
Applicable filing fees shall be paid through procedures established by the Clerk of Courts and at the same time and in the same amount as required by statute, Court rule or order, or published fee schedule.
Criminal cases
Page 2 | D. Filing Fees
The District Court Administrator must forward transcript checks to the filing office holding the original case file, which must record the payments and forward the funds to Carbon County.
All checks submitted for transcripts shall be forwarded by the District Court Administrator to the appropriate filing office where the original case file is located. Said filing office shall deposit and record the transcript costs paid and shall forward the funds to the County of Carbon.
Page 1 | A. Transcript Requests
When the transcript is complete, the requesting party must deliver a check for the final balance, payable to the County of Carbon, to the District Court Administrator.
When the transcript is completed, the court reporter shall so notify the District Court Administrator and the requesting party of this fact and of the final balance due. A check payable to the County of Carbon for the final balance due shall be delivered to the District Court Administrator by the requesting party.
Page 1 | A. Transcript Requests
Unless the Court or County is responsible for the cost, the requesting party must deliver to the District Court Administrator a check payable to the County of Carbon for at least half the estimated transcript cost.
Upon receipt of a transcript request, the court reporter shall provide the District Court Administrator and the requesting party with an estimated cost of the transcript requested and except where the Court or County is responsible for the cost, shall notify the requesting party to submit a check payable to the County of Carbon in an amount of no less than one-half of the estimated total cost. Said check shall be delivered to the District Court Administrator.
Page 1 | A. Transcript Requests
Each defendant owes a $100.00 Livescan/CPIN processing fee, reduced to $75.00 if prepaid.
Each defendant shall be assessed a fee of $100.00 for Livescan/CPIN processing as required by 42 Pa.C.S.A. 1725.5 unless the defendant prepays the Livescan/CPIN processing fee of $75.00.
Criminal cases
Page 5
A $25 victim services fee applies to every criminal and juvenile case beginning March 1, 2013.
Carbon County Court of Common Pleas hereby ADOPTS a fee in the amount of twenty-five dollars ($25.00) for all criminal and juvenile cases for the purposes of sustaining victim services. This fee shall be imposed in every juvenile and criminal case.
Criminal cases
Page 1 | ADMINISTRATIVE ORDER 6 - 2013
All ARD Program costs set from time to time by Administrative Order must be paid.
PAY ALL the ARD Program costs as may be set from time to time by Administrative Order.
Criminal cases
Page 17 | EXHIBIT “5”
PAY one-half of the ARD Administrative Fee of $350.00 on or before your scheduled ARD hearing date.
PAY one-half of the ARD Administrative Fee of $350.00 on or before your scheduled ARD hearing date.
Criminal cases
Page 17 | EXHIBIT “5”
For DUI offenders with an alcohol rate of .10 to .159, one-half of the $400 ARD Administrative Fee must be paid by the scheduled ARD hearing date.
PAY one-half of the ARD Administrative Fee of $400.00 on or before your scheduled ARD hearing date.
Criminal cases
Page 17 | DUI OFFENDERS – RATE OF ALCOHOL .10 to .159
For DUI offenders with an alcohol rate of .16 or higher, or who refused, one-half of the $450 ARD Administrative Fee must be paid by the scheduled ARD hearing date.
PAY one-half of the ARD Administrative Fee of $450.00 on or before your scheduled ARD hearing date.
Criminal cases
Page 18 | DUI OFFENDERS – RATE OF ALCOHOL .16 and higher and Refusal
Sealing & Redaction Procedures
Confidential information must be kept out of filed documents except when submitted on a Confidential Information Form filed at the same time.
Information that is confidential as defined by the Public Access Policy shall not be included in any document filed in the Court of Common Pleas of Carbon County, except on a Confidential Information Form filed contemporaneously with the document.
Page 1 | Public Access Policy: Official Case Records of the Carbon County Court of Common Pleas
Filed documents must limit Social Security, driver’s license or vehicle identification, and financial account numbers to the last four digits, birth dates to the year, and minor children’s names to initials.
Any documents presented for filing referring to social security numbers, driver's license/vehicle identification numbers, and any financial account numbers shall list only the last four digits. Birth dates shall be limited to the year of birth only. When reference is made to a minor child (i.e., individuals less than 18 years of age), the names shall not be given, only their initials.
Civil cases
Page 1 | RULE 205.2. (a) - FILING OF LEGAL PAPERS WITH THE PROTHONOTARY.
The Prothonotary’s Office must enter confidential information in the Court Computer Database, shred the form after verifying entry, and restrict access to internal personnel rather than public access programs.
The Prothonotary's Office shall record the Confidential Information in the Court Computer Database and, upon verification of proper entry, shall shred the form containing the Confidential Information. This information shall remain confidential in that it will only be visible to internal personnel and cannot be accessed through the public access programs.
Civil cases
Page 2 | RULE 205.2. (a) - FILING OF LEGAL PAPERS WITH THE PROTHONOTARY.
The Confidential Information Form and any additional pages must remain confidential, but are available to the parties, counsel of record, the court, and the custodian.
This form, and any additional pages, shall remain confidential, except that it shall be available to the parties, counsel of record, the court, and the custodian.
Page 1 | Confidential Information Form
A minor’s name and date of birth are confidential, except when the minor is charged as a defendant in a criminal matter.
5. Minors’ names and dates of birth except when a minor is charged as a defendant in a criminal matter (see 42 Pa.C.S. § 6355). “Minor” is a person under the age of eighteen.
Page 4 | Instructions for Completing the Confidential Information Form
Do not include confidential information in any other document filed under the docket.
Do not include confidential information in any other document filed with the court under this docket.
Page 4 | Instructions for Completing the Confidential Information Form
In family court actions, an abuse victim’s address and other contact information must be kept confidential, except for the victim’s name; if necessary, the information must be provided on a separate Abuse Victim Addendum.
6. Abuse victim’s address and other contact information, including employer’s name, address and work schedule, in family court actions as defined by Pa.R.Civ.P. 1931(a), except for victim's name. “Abuse Victim” is a person for whom a protection order has been granted by a court pursuant to Pa.R.Civ.P. 1901 et seq. and 23 Pa.C.S. § 6101 et seq. or Pa.R.Civ.P. 1951 et seq. and 42 Pa.C.S § 62A01 et seq. If necessary, this information must be provided on the separate Abuse Victim Addendum. Please note there are separate instructions for the completion of the Addendum located on the form.
Page 4 | Instructions for Completing the Confidential Information Form
Confidential information must not be included in a court filing except on a Confidential Information Form filed at the same time.
The following information is confidential and shall not be included in any document filed with a court or custodian, except on a Confidential Information Form filed contemporaneously with the document:
Page 4 | Instructions for Completing the Confidential Information Form
The addendum and any additional pages may be provided only to the court and must remain confidential.
This addendum, and any additional pages, shall only be provided to the court and shall remain confidential.
Page 5 | Instructions for Completing the Abuse Victim Addendum
Provide confidential information to the court only when required by law, ordered by the court, or otherwise necessary to resolve the matter.
Therefore, only provide confidential information to the court when it is required by law, ordered by the court or is otherwise necessary to effect the disposition of a matter.
Page 5 | Instructions for Completing the Abuse Victim Addendum
Counsel and unrepresented parties must follow Pennsylvania's Public Access Policy and refrain from including confidential information in legal papers filed electronically or on paper.
Counsel and unrepresented parties must adhere to the Public Access Policy of the Unified Judicial System of Pennsylvania and refrain from including confidential information in legal papers filed with the Clerk of Courts or the Court whether filed electronically or in a paper format.
Criminal cases
Page 2 | F. Confidential Information
Unless the Presiding Judge directs otherwise, the court reporter must redact the listed personal data identifiers from the original transcript filed in an office using redaction software, but not from transcripts provided to the Court or parties.
A. Unless otherwise directed by the Presiding Judge, the court reporter preparing the transcript shall redact from the original transcript filed in the appropriate filing office those personal data identifiers for which redaction software has been obtained and is being utilized in such filing office, but these identifiers shall not be redacted on transcripts that are provided to the Court and to the parties. Currently, the software being utilized by the Prothonotary’s Office redacts the following personal data identifiers: 1. Social Security Numbers, all but the last four digits; 2. Driver's License Number, all but the last four digits; 3. Vehicle Identification Numbers, all but the last four digits; 4. Financial institutions account numbers, all but the last four digits; 5. Dates of Birth, except year; 6. Names of minor children, except for the first initial of the first and last names.
Page 1 | RULE 4014. AUTOMATIC REDACTION OF CERTAIN PERSONAL DATA IDENTIFIERS - LOCAL RULE
Confidential, sealed, or access-restricted admitted exhibits must be maintained with the official Court record in the appropriate filing office, except for the previously identified exhibits.
With respect to those files whose contents are required to be kept confidential, as well as any other matters where the files have been sealed or access to the files has been restricted, exhibits admitted into evidence as part of the Court record shall be maintained with the official Court record in the appropriate filing office, excluding those exhibits identified in the preceding sentence.
Page 1 | RULE 4016. STORAGE AND RETENTION OF EXHIBITS - LOCAL RULE
The Prothonotary’s Office must enter Social Security Numbers in the Court Computer Database, shred the form after verifying entry, and restrict access to internal personnel.
a. The Prothonotary's Office shall record the Social Security Numbers in the Court Computer Database and, upon verification of proper entry, shall shred the form containing the Social Security Numbers. The Social Security Numbers shall remain confidential in that they will only be visible to internal personnel and cannot be accessed through the public access programs.
Civil cases
Page 1 | RULE 1920.12 COMPLAINT
Exhibits sealed by the Court during a proceeding must not be accessible to the public.
Exhibits sealed by the Court during the Court proceeding shall not be accessible by the public.
Page 1 | Rule 5105. Custody of Exhibits. Confidentiality. Exhibits Under Seal.
For confidential exhibits, the proponent must submit a proposed order seeking sealing or continued confidentiality when appropriate.
shall serve a copy on the presiding judge with a proposed order to have the document sealed or information therein kept confidential, if appropriate
Page 1 | Rule 5105. Custody of Exhibits. Confidentiality. Exhibits Under Seal.
Parties and their attorneys alone are responsible for complying with the personal-information restrictions; court staff will not review public filings for compliance, and noncompliance does not affect otherwise available access to case records.
The parties and their attorneys are solely responsible for complying with the provisions of number 10 above. The court staff is not responsible for reviewing any document filed as a public record for compliance with number 10 above. A party's or attorney's failure to comply with the provisions shall not affect access to case records that are otherwise accessible.
Civil cases
Page 2 | RULE 205.2. (a) - FILING OF LEGAL PAPERS WITH THE PROTHONOTARY.
The Confidential Information Form need not be filed in cases sealed or exempted from public access by applicable authority.
Please note this form does not need to be filed in types of cases that are sealed or exempted from public access pursuant to applicable authority (e.g. juvenile, adoption, etc.).
Page 4 | Instructions for Completing the Confidential Information Form
For a noncompliant filing, a court may order sealing, redaction, or amendment, and a court of record may impose sanctions including compliance-preparation costs.
If a filed document fails to comply with the requirements of the above referenced policy, a court of record may, upon motion or its own initiative, with or without a hearing, order the filed document sealed, redacted, amended or any combination thereof; a magisterial district court may, upon request or its own initiative, redact, amend or both. A court of record may impose sanctions, including costs necessary to prepare a compliant document for filing in accordance with applicable authority.
Page 4 | Instructions for Completing the Confidential Information Form
Provide confidential information to the court only when required by law, ordered by the court, or otherwise necessary to resolve the matter.
The best way to protect confidential information is not to provide it to the court. Therefore, only provide confidential information to the court when it is required by law, ordered by the court or is otherwise necessary to effect the disposition of a matter.
Page 4 | Instructions for Completing the Confidential Information Form
An active financial account number may be identified by its last four digits only when the account is the subject of the case and cannot otherwise be identified.
2. Financial Account Numbers, except an active financial account number may be identified by the last four digits when the financial account is the subject of the case and cannot otherwise be identified. “Financial Account Numbers” include financial institution account numbers, debit and credit card numbers, and methods of authentication used to secure accounts such as personal identification numbers, user names and passwords.
Page 4 | Instructions for Completing the Confidential Information Form
Filing Bundling Requirements
The moving party must file the proposed order and supporting brief at the same time as the motion.
A party moving for judgment on the pleadings shall simultaneously file with the motion a proposed order and supporting brief.
Civil cases
Page 1 | RULE 1034(a) - MOTION FOR JUDGMENT ON THE PLEADINGS.
A separate continuance motion or form must be filed for each event scheduled on a different date or at a different time.
When a continuance is requested for events scheduled for different dates or at different times, a separate continuance motion/form must be filed for each event.
Page 1 | RULE 106 CONTINUANCES IN SUMMARY AND COURT CASES
When a defendant has multiple cases scheduled for the same date and time, one continuance motion or form listing all case numbers is required.
When a defendant has two or more cases scheduled for the same date and time, only one continuance motion/form listing all the case numbers is required to be filed.
Page 1 | RULE 106 CONTINUANCES IN SUMMARY AND COURT CASES
The proposed order and supporting brief must be filed simultaneously with the summary-judgment motion.
A party moving for summary judgment shall simultaneously file with the motion a proposed order and supporting brief.
Civil cases
Page 1 | RULE 1035.2(a) – MOTION FOR SUMMARY JUDGMENT
The moving party must file its supporting brief simultaneously with the preliminary objections.
The moving party shall simultaneously file a brief in support of the preliminary objections. See CARB.R.C.P.210 for form, content of brief, service and filing requirements.
Civil cases
Page 1 | RULE 1028(c) - PRELIMINARY OBJECTIONS
Pre-Motion Conference Requirements
If objections are filed, the matter will be set for argument by Court Administration and a briefing schedule will issue forthwith.
If objections are filed, the matter will be set for argument at a date & time set by Court Administration and a briefing schedule will issue forthwith.
Civil cases
Page 1 | RULE 9.6 NOTICE OF FILING REPORT. FORM OF NOTICE. OBJECTIONS.
Counsel seeking more than 40 admissions must promptly consult opposing counsel in good faith and attempt to stipulate to a reasonable number; absent agreement, they must move for relief and show its necessity.
If counsel for a party believes that more than FORTY (40) admissions are necessary, counsel shall consult with opposing counsel promptly and attempt to reach a written stipulation as to a reasonable number of additional admissions. Counsel are expected to comply with this requirement in good faith. In the event a written stipulation cannot be agreed upon, the parties seeking to submit additional admissions shall file a motion with the Court showing the necessity for relief.
Civil cases
Page 1 | RULE 4014 – REQUEST FOR ADMISSION.
A party that fails to file a brief may not argue.
A party who fails to file a brief shall not be permitted to argue.
Civil cases
Page 1 | RULE 1034(a) - MOTION FOR JUDGMENT ON THE PLEADINGS.
A party that does not file a brief may not argue.
A party who fails to file a brief shall not be permitted to argue.
Civil cases
Page 1 | RULE 1035.2(a) – MOTION FOR SUMMARY JUDGMENT
Before seeking permission to serve more than 40 interrogatories, counsel must promptly confer in good faith and attempt to agree on a written stipulation; if they cannot agree, the party must move for relief.
If counsel for a party believes that more than FORTY (40) interrogatories are necessary, counsel shall consult with opposing counsel promptly and attempt to reach a written stipulation as to a reasonable number of additional interrogatories. Counsel are expected to comply with this requirement in good faith. In the event a written stipulation cannot be agreed upon, the parties seeking to submit additional interrogatories shall file a motion with the Court showing the necessity for relief.
Civil cases
Page 1 | RULE 4005 – WRITTEN INTERROGATORIES TO A PARTY.
The Court will issue a respondent briefing schedule when it schedules argument or when the matter will be decided on briefs.
A respondent briefing schedule will be issued by the Court contemporaneous with the scheduling of any argument ordered by the Judge. If the matter is to be decided on briefs, a respondent briefing schedule will be issued.
Civil cases
Page 1 | RULE 1034(a) - MOTION FOR JUDGMENT ON THE PLEADINGS.
The matter is decided on briefs unless the assigned judge orders argument; a party seeking argument must submit a Praecipe for Argument with its motion or response, but the Court may decide without oral argument.
Upon service of the motion and response on the District Court Administrator, the matter shall be decided on briefs unless the assigned Judge orders that argument be scheduled. If a party desires argument, a Praecipe for Argument shall accompany the motion or response. However, the Court may dispose of any motion without oral argument.
Civil cases
Page 1 | RULE 1035.2(a) – MOTION FOR SUMMARY JUDGMENT
The Court will issue a respondent briefing schedule when argument is scheduled and also when the matter will be decided on briefs.
A respondent briefing schedule will be issued by the Court contemporaneous with the scheduling of any argument ordered by the Judge or requested by the filing of the Praecipe for Argument. If the matter is to be decided on briefs, a respondent briefing schedule will be issued.
Civil cases
Page 1 | RULE 1035.2(a) – MOTION FOR SUMMARY JUDGMENT
If no amended pleading is filed within 20 days, the matter is decided on briefs unless the assigned Judge requests argument.
If an amended pleading is not filed within twenty (20) days of service of the preliminary objections, the matter shall be decided on briefs unless the assigned Judge requests that argument be scheduled.
Civil cases
Page 1 | RULE 1028(c) - PRELIMINARY OBJECTIONS
The Court may decide a motion without oral argument.
However, the Court may dispose of any motion without oral argument.
Civil cases
Page 1 | RULE 1034(a) - MOTION FOR JUDGMENT ON THE PLEADINGS.
The Court will issue a respondent briefing schedule when argument is scheduled by order of the Judge and also when the matter will be decided on briefs.
A respondent briefing schedule will be issued by the Court contemporaneous with the scheduling of argument, if so ordered by the Judge. If the matter is to be decided on briefs, a respondent briefing schedule will be issued.
Civil cases
Page 1 | RULE 1028(c) - PRELIMINARY OBJECTIONS
Adjournment & Extension Requirements
A proceeding requiring the defendant's attendance must not occur without the defendant present; defense counsel must file a continuance, or the Commonwealth must file it if the defendant is pro se.
In no event, where the defendant’s attendance is required, shall a proceeding occur without the defendant being present. In that case defense counsel shall file a continuance, and if pro se, the Commonwealth shall file the continuance.
Page 1 | 3. Non-Compliance
A granted continuance must be set for a specified date.
When a continuance is granted, the matter is continued to a specified date.
Civil cases
Page 2 | III. EARLY AND CONTINUOUS COURT SUPERVISION OF CASE PROGRESS
Agreement of counsel or the parties alone is not sufficient grounds for granting a continuance.
Mere agreement of counsel/parties is not sufficient grounds for the Court to grant continuances.
Civil cases
Page 2 | III. EARLY AND CONTINUOUS COURT SUPERVISION OF CASE PROGRESS
For Arbitration, a continuance must be filed within seven days prior to the scheduled hearing under CARB.R.C.P. 1303.
except in cases of Arbitration, whereby a Continuance must be filed within seven (7) days prior to a scheduled Arbitration hearing pursuant to CARB.R.C.P. 1303.
Civil cases
Page 1 | RULE 216 GROUNDS FOR CONTINUANCE
Motions for continuance must be filed at least three working days before the scheduled event.
All Motions for Continuance shall be filed at least three (3) working days before the scheduled event
Civil cases
Page 1 | RULE 216 GROUNDS FOR CONTINUANCE
A noncompliant continuance motion may be entertained only if there was no earlier opportunity to file timely or the interest of justice requires it.
Any motion filed that is not in compliance with this rule shall be entertained only if the opportunity to timely file it did not exist previously or the interest of justice requires it.
Civil cases
Page 1 | RULE 216 GROUNDS FOR CONTINUANCE
A motion for continuance must be filed at least two working days before the scheduled event.
All Motions for Continuance shall be filed at least two (2) working days before the scheduled event.
Page 1 | RULE 106 CONTINUANCES IN SUMMARY AND COURT CASES
Before the trial-commencement period expires, the Commonwealth may seek and receive an extension if, despite due diligence, trial cannot begin within the applicable period or a previously extended period.
Do you understand that Rule 600 allows the Commonwealth of Pennsylvania at any time prior to the expiration of the period for commencement of trial to apply for and receive an extension of the period when, despite due diligence by the Commonwealth, your trial cannot begin within the 180 and/or 365 days or any previously extended time period?
Page 2 | Rule 600 – Speedy Trial Waiver
Good cause for continuing an inactive matter must be shown at the call to avoid dismissal on that ground.
If no action is taken, or written objection or statement of intention to proceed is filed, prior to the call, or if good cause for continuing the matter is not shown at the call, the Court shall enter an order dismissing the proceedings.
Page 1 | A. Cases before the Court of Common Pleas
The Court may not grant a continuance based solely on the agreement of counsel or the parties.
Mere agreement of counsel/parties is not sufficient grounds for the Court to grant continuances.
Criminal cases
Page 2 | III. EARLY AND CONTINUOUS COURT SUPERVISION OF CASE PROGRESS.
The listed proceeding dates may not be changed without leave of court.
These dates may not be changed without Leave of Court.
Criminal cases
Page 31 | IMPORTANT NOTICE
II. The Motion is made for the following reasons (include reason for late filing – less than three (3) working days before scheduled event, if applicable*):
II. The Motion is made for the following reasons (include reason for late filing – less than three (3) working days before scheduled event, if applicable*):
Page 1 | II. Reasons for Motion
For a continuance motion, select the type of event to be continued and state the type of hearing or conference if applicable.
I. Motion is hereby made to continue the (circle one): Trial Non-Jury Trial Argument Arbitration Hearing or Conference (state the type of hearing/conference)
Page 1 | I. Motion for Continuance
DATE SCHEDULED __________ TIME: ______ NO. OF PREVIOUS CONTINUANCES: by Plaintiff________ by Defendant________
DATE SCHEDULED __________ TIME: ______ NO. OF PREVIOUS CONTINUANCES: by Plaintiff________ by Defendant________
Page 1 | I. Motion for Continuance
IV. Motion is not opposed ____; opposed____ for the following reason: _______________________ ______________________________________________________________________________
IV. Motion is not opposed ____; opposed____ for the following reason: _______________________ ______________________________________________________________________________
Page 1 | IV. Motion is Not Opposed/Opposed
A continuance request made within seven days of the hearing requires the attorney or self-represented party to appear personally before the judge and explain the extenuating circumstances.
Any continuances requested within the seven (7) days of the scheduled Arbitration hearing shall require the personal appearance of the attorney/self-represented party before the Judge to explain the extenuating circumstances necessitating the late filing.
Page 1 | RULE 1303 – HEARING. NOTICE.
Continuance requests must be filed at least seven days before the scheduled arbitration hearing.
All continuance requests must be filed no later than seven (7) days before the scheduled Arbitration hearing.
Page 1 | RULE 1303 – HEARING. NOTICE.
A noncompliant continuance motion may be entertained only if timely filing was previously impossible, the defendant was unaware of the grounds, or the interests of justice require it; noncompliance is grounds for denial.
Any motion filed that is not in compliance with this rule shall be entertained only if the opportunity to timely file it did not exist previously, the defendant was not aware of the grounds for the motion, or the interests of justice so require. Failure of any motion/form for continuance to comply with this rule shall be grounds for denying the requested continuance.
Page 1 | RULE 106 CONTINUANCES IN SUMMARY AND COURT CASES
Any granted continuance must be set to a specified date.
When a continuance is granted, the matter is continued to a specified date.
Criminal cases
Page 2 | III. EARLY AND CONTINUOUS COURT SUPERVISION OF CASE PROGRESS.
At the defendant’s request, the judge may grant one 30-day extension to decide the motion if good cause is shown.
The judge may, at your request, grant one 30-day extension for deciding the motion, if good cause is shown.
Criminal cases
Page 2 | APPELLATE RIGHTS OF DEFENDANT AFTER SENTENCING
Chambers Communication Rules
Contact the District Court Administrator at (570) 325-8556 about accessibility and accommodations, and make all arrangements at least 72 hours before a hearing or other court business.
For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the Office of the District Court Administrator at (570) 325-8556. All arrangements must be made at least seventy-two (72) hours prior to any hearing or business before the court.
Page 2 | AMERICANS WITH DISABILITIES ACT OF 1990
An incarcerated party to a custody action who cannot attend a scheduled proceeding and wants to participate electronically must request Court Administration’s permission seven days beforehand and arrange participation with Court Administration and the facility’s Warden.
Any party to a custody action, who is incarcerated and cannot attend any scheduled proceeding and wishes to participate by electronic means, shall request permission from Court Administration seven (7) days before the scheduled event. Said party shall be responsible for making the arrangements with Court Administration and the Warden of said facility where the party is incarcerated.
Civil cases
Page 1 | RULE 1915.3 - COMMENCEMENT OF ACTION. COMPLAINT. ORDER.
For information about accessible facilities and accommodations, contact the court office, and make all arrangements at least 72 hours before any hearing or court proceeding.
Para información sobre locales accessibles y alojamiento disponibles a individuos incapacitados que tengan diligencias ante el tribunal, por favor comuníquese con nuestra oficina. Todos los arreglos deberán hacerse al menos 72 horas antes de cualquier audiencia o diligencia ante el tribunal.
Page 3 | ACTA DE 1990 PARA ESTADOUNIDENSES CON INCAPACIDADES
During the stated hours, the arresting officer must initiate arraignment scheduling by telephoning the Communications Center to contact the on-call MDJ.
Between the hours of 4:30 P.M. and 10:00 P.M. Monday through Friday and on weekends and holidays from 8:00 A.M. to 10:00 P.M., the police officer shall contact the on-call MDJ through the Communications Center (Comm. Center) to conduct a preliminary arraignment. Scheduling of the arraignment shall be initiated by the arresting officer who shall contact the Comm. Center by telephone to request an arraignment.
Criminal cases
Page 1 | PRELIMINARY ARRAIGNMENT PROCEDURES
After the arraignment, the officer must speak to the MDJ to receive the defendant’s disposition.
Upon completion of the arraignment, the police officer shall speak to the MDJ and be notified of the disposition of the defendant. (Bail, ROR or incarceration)
Criminal cases
Page 2 | PRELIMINARY ARRAIGNMENT PROCEDURES
The arresting officer must fax the arraignment paperwork to the MDJ location before the arraignment.
Prior to the arraignment the arresting officer shall fax the following paperwork to the MDJ location: a. Criminal complaint and Affidavit of Probable Cause; and b. Copy of the Bail Information Sheet for Overnight Arraignments regarding the defendant’s criminal record and flight risk, and the officer’s bail recommendation for the MDJ.
Criminal cases
Page 2 | PRELIMINARY ARRAIGNMENT PROCEDURES
When the Carbon County Courthouse is closed, Rule 210 applications must be submitted to the on-duty magisterial district judge.
IT IS FURTHER ORDERED AND DECREED that when the Carbon County Courthouse is closed, applications under Rule 210 SHALL BE SUBMITTED to the “on- duty” magisterial district judge.
Criminal cases
Page 1 | Designation of Issuing Authorities for Arrest Warrants in Delinquency Cases
If the facility has no available detention space, the arresting agency must notify the on-call judge through the Communication Center; a preliminary arraignment is then required before detention or commitment to prison.
If no detention facilities are available at the facility, the arresting agency shall notify the on-call Magisterial District Judge through the Communication Center of that fact and a preliminary arraignment shall be required prior to detention or commitment to Prison.
Criminal cases
Page 2 | RULE 117
The arresting officer must telephone the Communication Center to request and initiate scheduling of the arraignment.
Scheduling of the arraignment shall be initiated by the arresting officer contacting the Comm. Center by telephone and requesting an arraignment.
Criminal cases
Page 2 | RULE 117
Unless the following exception applies, an arbitrator unable to serve must notify Court Administration within ten days of the scheduled event.
Except as qualified by the next sentence, any appointed arbitrator must notify Court Administration of their inability to serve within ten (10) days of the scheduled event so that a suitable replacement can be secured by Court Administration.
Page 1 | RULE 1303 – HEARING. NOTICE.
Contact the court office for information about accessibility and accommodations, and make all arrangements at least 72 hours before a hearing or court proceeding.
Para información sobre locales accessibles y alojamiento disponibles a individuos incapacitados que tengan diligencias ante el tribunal, por favor comuníquese con nuestra oficina. Todos los arreglos deberán hacerse al menos 72 horas antes de cualquier audiencia o diligencia ante el tribunal.
Page 4 | ACTA DE 1990 PARA ESTADOUNIDENSES CON INCAPACIDADES
Request the appropriate complaint or petition from the prothonotary.
Request the appropriate complaint or petition from the prothonotary.
Page 1 | COMPLAINT FOR CUSTODY/PETITON TO MODIFY CUSTODY
Any change in an arbitrator’s practice or association with another lawyer must be reported immediately to the District Court Administrator.
NOTE: Any change in your status of practicing with or being associated with any other lawyer or lawyers shall immediately be reported to the District Court Administrator.
Civil cases
Page 1 | CONSENT TO SERVE AS ARBITRATOR
A self-represented party must keep the court, other self-represented parties, and attorneys of record supplied with current contact information.
In accordance with Carbon County Rule of Civil Procedure 1012, a self-represented party is under a continuing obligation to provide current contact information to the court, to other self-represented parties, and to attorneys of record.
Page 1 | ENTRY OF APPEARANCE
An arbitrator who is unable to attend but for whom another member of the arbitrator's firm is able to attend should notify Court Administration no less than three (3) days before the arbitration hearing if an attorney within the same firm is going to appear for the Arbitration in place of the appointed arbitrator.
An arbitrator who is unable to attend but for whom another member of the arbitrator's firm is able to attend should notify Court Administration no less than three (3) days before the arbitration hearing if an attorney within the same firm is going to appear for the Arbitration in place of the appointed arbitrator.
Page 1 | RULE 1303 – HEARING. NOTICE.
When a DUI ARD has been negotiated, a District Justice Office staff member makes telephone arrangements to schedule a CRN evaluation.
When a DUI ARD has been negotiated, telephonic arrangements are made by a staff member of the District Justice Office to schedule a Court Reporting Network (CRN) evaluation.
Criminal cases
Page 6 | C. SCHEDULING AT PRELIMINARY HEARING
Contact the District Court Administrator by phone for information about accessibility and accommodations, and make all arrangements at least 72 hours in advance.
For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the Office of the District Court Administrator at (570) 325-8556. All arrangements must be made at least seventy-two (72) hours prior to any hearing or business before the court.
Page 1 | AMERICANS WITH DISABILITIES ACT OF 1990