Court of Common Pleas of Carbon County, Pennsylvania Document Filing Requirements

CRITICAL

Applies to

Continuance motion

If the continuance motion is filed less than two full working days before the scheduled event, it must include the reason for the late filing.

(include reason for late filing – less than 2 full working days before scheduled event, if applicable*)

CRITICALCivil cases

Applies to

Distribution petition

The distribution petition must give a chronological account of all prior allowance requests, including their reasons, amounts, and dispositions.

A chronological statement of all prior requests for allowance, including the reasons there for, the amounts thereof, and the disposition;

CRITICALCivil cases

Applies to

Settlement petition

The settlement petition must include a physician’s written report describing the minor’s or incapacitated person’s present condition.

A written report of a physician setting forth the present condition of the minor or incapacitated person;

CRITICALCivil cases

Applies to

Motion or response

A party seeking argument must submit a Praecipe for Argument with the motion or response.

If a party desires argument, a Praecipe for Argument shall accompany the motion or response.

CRITICALCivil cases

Applies to

Motion for continuance

A motion for continuance based on an attachment of another court must include a copy of that attachment.

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.

CRITICAL

Applies to

Affidavit

The required affidavit must substantially follow the form required by Pa.R.C.P. 240(h).

The affidavit required by Subsection (B) (1) and (B) (2) shall be in substantially the form required by Pa.R.C.P. 240 (h).

CRITICALCivil cases

Applies to

Petition

The petition must be accompanied by a Department of Revenue letter stating its approval or objection to the proposed settlement.

(7) A letter from the Department of Revenue stating either their approval or objection to the proposed settlement.

CRITICAL

Applies to

Arraignment

At the arraignment, the defendant must receive a true and correct copy of the completed private criminal complaint and a fingerprint order.

At this arraignment, the defendant shall be provided a true and correct copy of the completed private criminal complaint. and a fingerprint order.

CRITICALCivil cases

Applies to

Praecipe for argument

Must include

certificate of service

The Praecipe must include a statement that a copy has been served on all other parties or their counsel.

(5) A copy of this Praecipe has been duly served upon all other parties or their counsel.

CRITICAL

Applies to

Confidential information form

The form includes a certification that the filing complies with the Policy's separate filing requirements for confidential information and documents.

I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania that require filing confidential information and documents differently than non- confidential information and documents.

CRITICAL

Applies to

Civil cover sheet

If the plaintiff is a government agency or corporation, use the full name of the agency or corporation.

If the plaintiff is a government agency or corporation, use the full name of the agency or corporation.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must certify that counsel conferred or attempted to confer with all interested parties to resolve the matter without court action.

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

CRITICAL

Applies to

Civil cover sheet

If there are more than two plaintiffs, list the additional plaintiffs on a separate sheet.

In the event there are more than two plaintiffs, list the additional parties on a separate sheet of paper.

CRITICALCriminal cases

Applies to

Guilty plea colloquy

Please answer fully all the questions on this document.

Please answer fully all the questions on this document.

CRITICALCivil cases

Applies to

Settlement petition

The petition must include counsel’s professional opinion on the proposed settlement’s reasonableness and the basis for that opinion.

A statement of the professional opinion of counsel as to the reasonableness of the proposed settlement and the basis for such opinion;

CRITICAL

Applies to

Motion for continuance

Must include

case number

A continuance request must identify the case number, defendant, event type and date, and number of prior continuances.

All continuances must indicate the case number, defendant's name, type of event being continued, date of the event being continued and number of previous continuances.

CRITICALCriminal cases

Applies to

Indirect criminal contempt complaint

The complaint includes the affiant’s verification that its facts are true and correct to the best of the affiant’s knowledge or information and belief.

I verify that the facts set forth in the complaint are true and correct to the best of my knowledge or information and belief.

CRITICALCriminal cases

Applies to

Affidavit of probable cause

An Affidavit of Probable Cause must be completed before a warrant may issue.

An Affidavit of Probable Cause must be completed in order for a warrant to issue.

CRITICAL

Applies to

Praecipe to discontinue

If a case is discontinued at least three days before the hearing, the plaintiff or plaintiff’s attorney must file a Praecipe to Discontinue.

If the case is discontinued three (3) or more days before the Arbitration hearing, Plaintiff's attorney/Plaintiff must file at least three (3) days prior to the scheduled Arbitration a Praecipe to Discontinue

CRITICALCivil cases

Applies to

Distribution petition

The distribution petition must explain the circumstances and reasons supporting the requested allowance.

The circumstances and reasons supporting the request for allowance.

CRITICAL

Applies to

Continuance motion

Attach the documentation required by Carbon County Rule of Criminal Procedure 106(b).

Attach documentation required by Carb.R.Crim.P. 106(b)).

CRITICALCriminal cases

Applies to

Indirect criminal contempt complaint

The affiant must verify that the complaint’s facts are true and correct, subject to the stated penalties for unsworn falsification.

I verify that the facts set forth in the complaint are true and correct to the best of my knowledge or information and belief. The verification is made subject to the penalties of 18 P.A.C.S.§ 4904 relating to unsworn falsification to authorities.

CRITICAL

Applies to

Speedy trial waiver

The defendant's attorney certifies reviewing the waiver, continuance form, and speedy-trial rights with the defendant; if signing for the client, the attorney certifies the client authorized it.

I hereby certify that I have reviewed this Waiver, the Continuance Form and the Defendant’s Rights to a Speedy Trial with the Defendant prior to our signing these forms. If I have executed the above on my client’s behalf, my client has authorized me to do so.

CRITICALCriminal cases

Applies to

Post sentence motion

A post-sentence motion must state all requests for relief specifically and particularly, and consolidate them in the motion.

If you file a post-sentence motion, all requests for relief must be stated with specificity and particularity, and consolidated in the motion, which may include: a. a motion challenging the validity of a plea of guilty or nolo contendere, or the denial of a motion to withdraw a plea of guilty or nolo contendere; b. a motion of judgment of acquittal; c. a motion in arrest of judgment; d. a motion for a new trial; and/or e. a motion to modify sentence.

CRITICAL

Applies to

Motion for continuance

The single continuance motion or form for cases scheduled at the same date and time must list all case numbers.

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.

CRITICAL

Applies to

Civil cover sheet

If there are more than two defendants, list the additional defendants on a separate sheet.

In the event there are more than two defendants, list the additional parties on a separate sheet of paper.

CRITICALCivil cases

Applies to

Consent order

If the parties agree on a custodial arrangement, a consent order must be entered pursuant to CARB.R.C.P.1915.7.

If the parties agree on a custodial arrangement, a consent order shall be entered pursuant to CARB.R.C.P.1915.7.

CRITICAL

Applies to

Publication notice

The publication must state that listed matters will be terminated after 30 days unless a party requests a hearing from the appropriate Magisterial District Court.

The publication shall include a notice that the matters listed shall be terminated after thirty (30) days of publication unless a party to the proceeding requests a hearing from the appropriate Magisterial District Court.

CRITICALCivil cases

Applies to

Petition

Must include

certificate of service

The petition must include certification that notice and a copy were served on all parties with a possible interest, along with a list of those notified.

(6) 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.

CRITICAL

Applies to

Monthly transcript report

Court reporters must file a separate monthly report with the District Court Administrator covering non-appeal transcript orders and requests, reporting each status chronologically from earliest to most recent.

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.

CRITICALCivil cases

Applies to

Notice of judgment and execution

The notice must name the person as prescribed by CARB.R.C.P. 1018.1.

The person to be named in the notice shall be pursuant to CARB.R.C.P.1018.1.

CRITICALCivil cases

Applies to

Order

The substituted paragraph (4) must state the date, time, and courtroom for an evidentiary hearing on disputed material facts.

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.

CRITICALCivil cases

Applies to

Separate praecipe

The separate praecipe must certify that the action is one of the specified types of proceedings.

files in said separate praecipe a certification that said action: (A) is a proceeding to revive and continue the lien of debts against a decedent's property; or (B) is a proceeding conveying or vesting title to real property in this Commonwealth; or (C) is a proceeding of which purchasers of the described real property should have constructive notice; and

CRITICALCivil cases

Applies to

Notice to defend

Every Notice to Defend must be prepared in both English and Spanish.

Every Notice to Defend shall be prepared in English and Spanish.

CRITICALCivil cases

Applies to

Notice of filing report

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.

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)

CRITICALCivil cases

Applies to

Defense or objection

To defend against the claims, a defendant must enter an appearance in writing or in person or through an attorney and deliver written defenses or objections to the court.

Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona.

CRITICAL

Applies to

Motion for continuance

If the defendant consents to a continuance motion, a Rule 600 speedy trial waiver must be attached.

A Rule 600 speedy trial waiver must be attached if the defendant consents to this motion for continuance.

CRITICALCivil cases

Applies to

Petition

If an existing custody order applies, describe its terms and identify which terms apply to each child.

If you answered “yes”, describe the terms of the order (e.g., primary, shared, Legal and/or physical custody): (Please be sure to indicate which terms of the order apply to which children.)

CRITICALCivil cases

Applies to

Petition

If an existing custody order applies, provide the county and state where it was issued.

If you answered “yes”, in what county and state was the order issued? County: State:

CRITICAL

Applies to

Civil cover sheet

Identify every previously filed related case by docket number.

All previously filed related cases must be identified by docket number.

CRITICALCivil cases

Applies to

Order of distribution

The order of distribution must award counsel fees that are reasonable under Rule 1.5; ordinarily 25% of the recovered fund is considered reasonable subject to court approval, and the fee must be reduced by qualifying third-party counsel-fee payments.

The Order of Distribution shall include an award of counsel fees. The standard for the award of counsel fees in the representation of minors is that such fees must be reasonable in accordance with the guidelines set forth in Rule 1.5 of the Rules of Professional Conduct. Under normal circumstances a counsel fee in the amount of twenty-five percent (25%) of the fund recovered shall be considered reasonable, subject to the approval of the Court. The attorney fee determined shall be reduced by the amount of collateral payments received as counsel fees for representation involving the same matter from third parties such as Blue Cross/Blue Shield.

CRITICAL

Applies to

Motion

A motion must contain a brief statement of applicable authority.

A brief statement of applicable authority pursuant to CARB.R.C.P.208.2(c);

CRITICAL

Applies to

Motion

A motion must state the relief sought and its grounds; omitting either waives that relief or ground.

The failure, in any motion, to state a type of relief or a ground therefore shall constitute a waiver of such relief or ground.

CRITICALCriminal cases

Applies to

Guideline sentencing form

(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).

(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).

CRITICAL

Applies to

Civil cover sheet

Enter the plaintiff’s name in last-name, first-name, middle-initial order.

PLAINTIFF’S NAME: Enter names (last, first, middle initial) of plaintiff.

CRITICALCivil cases

Applies to

Motion or petition

A Motion Cover Sheet marked Form B must be attached to any motion or petition being filed.

A Motion Cover Sheet, marked Form “B”, shall be attached to any motion or petition being filed.

CRITICALCivil cases

Applies to

Recommended interim custody order

When the parties cannot agree, the recommended Interim Custody Order must state the custody trial date and time and, when applicable, the pretrial conference date and time.

If the parties are unable to agree, the Hearing Officer shall prepare and forward to the Court within 10 days a recommended Interim Custody Order established in the best interest of the child(ren). This order shall list the date and time of the custody trial before the Court and, if requested by one of the parties or ordered sua sponte by the Court, the date and time of the pretrial conference before a Judge.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of service

A summary-judgment motion must have a certificate of service conforming to Pa.R.C.P.208.2 (a) (5) attached.

A certificate of service in conformance with Pa.R.C.P.208.2 (a) (5) shall be attached to the motion.

CRITICALCivil cases

Applies to

Motion or response

If a party desires argument, a Praecipe for Argument shall accompany the motion or response.

If a party desires argument, a Praecipe for Argument shall accompany the motion or response.

CRITICALCriminal cases

Applies to

Preliminary arraignment documents

An arresting officer need not appear if the specified documents are provided and may appear instead of prior submission, but detention requires a completed and submitted criminal complaint and affidavit of probable cause.

The arresting officer(s) need not appear at the Preliminary Arraignment provided the documents identified in paragraph (B) (3) are provided. In the alternative, the arresting officer may appear at the Preliminary Arraignment in lieu of prior submission of these documents; however, no person shall be detained under this rule without the completion and submission of a completed criminal Complaint and Affidavit of Probable Cause.