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

CRITICAL

Applies to

Arbitration award

If a case settles less than three days before the arbitration hearing, an attorney or self-represented party must appear before the Board of Arbitrators and obtain an award entered by agreement.

If a case is settled less than three (3) days before the Arbitration hearing, one of the attorneys/self-represented parties must appear before the Board of Arbitrators and have an Award entered by agreement.

CRITICALCriminal cases

Applies to

Guilty plea colloquy

After you have finished reading this and filling it out, you should sign it on the last page, on the line that says “Defendant”.

After you have finished reading this and filling it out, you should sign it on the last page, on the line that says “Defendant”.

CRITICAL

Applies to

Entry of appearance

A self-represented party must provide an address for service and a telephone number in the Entry of Appearance.

I , Plaintiff Defendant choose to represent myself and provide the following address where pleadings and other legal papers can be served and a telephone number through which I can be contacted.

CRITICALCivil cases

Applies to

Divorce or annulment complaint

For every pending or new divorce or annulment complaint, the plaintiff must complete Form A with each party’s Social Security Number and keep it separate from the complaint.

In every divorce or annulment complaint whether pending or new, the plaintiff shall complete Form "A" as set forth below this rule with the Social Security Number of each party to said action as required by 23 Pa.C.S.A. 4304.1(a)(3). Said form shall not be attached to said complaint but shall remain separate from the complaint.

CRITICAL

Applies to

Praecipe to discontinue

If a case is discontinued less than three days before the arbitration hearing, an attorney or self-represented party must appear before the Board of Arbitrators and provide a copy of the filed Praecipe to Discontinue.

If the case is discontinued less than three (3) days before the arbitration hearing, one of the attorneys/self-represented parties must appear before the Board of Arbitrators and provide a copy of the filed Praecipe to Discontinue.

CRITICAL

Applies to

Motion for continuance

For illness or medical treatment, the attorney or self-represented party must provide documentation from a treating physician or other qualified person about the illness or treatment.

If the reason for filing a continuance is that the defendant is ill, receiving medical treatment or in rehabilitation, the attorney/pro se party must provide documentation from the treating physician or other qualified person documenting the defendant's illness or treatment, and, in the case of defendant's rehabilitation, a written statement from the facility at which the defendant is receiving treatment, confirming admission and continued care at such facility.

CRITICALCivil cases

Applies to

Motion

A motion seeking permission to submit additional interrogatories after the parties fail to agree on a written stipulation must show the necessity for relief.

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.

CRITICALCivil cases

Applies to

Motion

Motions must include a brief statement identifying the procedural rule, statute, or other authority supporting the requested relief.

Motions shall include a brief statement identifying the applicable procedural rule, statute, or other authority relied upon for the relief requested.

CRITICALCivil cases

Applies to

Order

If a beneficiary is incapacitated, appropriate changes must be made to the order.

In the event the beneficiary is an incapacitate person, appropriate changes are to be made.

CRITICAL

Applies to

Civil cover sheet

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

DEFENDANT’S NAME: Enter names (last, first, middle initial) of defendant.

CRITICAL

Applies to

Civil cover sheet

For a corporate plaintiff, enter the corporation’s registered-office address and telephone number.

If any party is a corporation, enter the address and telephone number of the party is a corporation,

CRITICAL

Applies to

Continuance motion

A motion for continuance must state the reasons for the requested continuance.

II. The Motion is made for the following reasons

CRITICALCivil cases

Applies to

Exceptions

Unless the court waives the transcript cost, an Excepting party must arrange for and pay for the transcript; absent good cause, failure to do so results in dismissal of the Exceptions.

Absent good cause shown, failure of the Excepting party to arrange for the transcript and pay the cost thereof, unless waived by the court, shall result in the dismissal of said Exceptions by the Court.

CRITICAL

Applies to

Private criminal complaint

After completing and signing the complaint, the complainant must appear at the District Attorney’s office with it.

After completing and signing the complaint, complainant shall appear in the office of the District Attorney with the complaint

CRITICAL

Applies to

Continuance motion

The moving party certifies that the statements in the motion are true and acknowledges potential punishment for willfully false statements.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

CRITICALCivil cases

Applies to

Proposed order

A proposed order accompanying a motion to extend milestones must list the current and recommended milestones.

The proposed order shall list the current milestones and the recommended milestones to be established.

CRITICALCivil cases

Applies to

Motion

A motion seeking review of a bond's form or surety must state the objections specifically.

a motion stating specifically the objections thereto

CRITICALCivil cases

Applies to

Settlement petition

If the minor is at least fourteen years old, the petition must include the minor’s written approval of the proposed settlement and distribution.

In the event that the minor is fourteen years of age or over, his or her written approval of the proposed settlement and distribution thereof; and

CRITICALCivil cases

Applies to

Petition

The petition must identify the believed beneficiaries under each action and attach the decedent’s will, if any.

(4) A statement clearly identifying those parties believed to be beneficiaries under each of the actions, attaching a copy of the will of the decedent, if any;

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

Every discovery-related motion must include a certificate signed by moving-party counsel stating that counsel conferred or attempted to confer with all interested parties but could not resolve the dispute without court action.

Every motion relating to discovery shall include a certificate signed by counsel for the moving party that counsel has conferred or attempted to confer with all interested parties to resolve the matter and are unable to resolve the dispute without court action.

CRITICAL

Applies to

Civil cover sheet

Indicate the total numbers of plaintiffs and defendants in the action.

TOTAL NUMBER OF DEFENDANTS: Indicate the total number of plaintiffs and the total number of defendants in the action.

CRITICALCivil cases

Applies to

Petition for allowance of appeal

The petition for allowance of appeal must include a photocopy of the appealed-from Board order.

the petition for allowance of appeal shall have attached to it a photocopy of the appealed from order of the said board

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.

CRITICALCivil cases

Applies to

Settlement motion

A settlement motion involving a minor or incapacitated person must be filed under the same docket number as the complaint or writ of summons.

Motions for Settlement of a case in which a minor or incapacitated person has an interest shall be filed to the same docket number as the Complaint or Writ of Summons and served in accordance with the Pennsylvania Rules of Civil Procedure.

CRITICALCivil cases

Applies to

Settlement petition

The petition must include an under-oath statement from a parent or guardian certifying the person’s present condition and approving the proposed settlement and distribution.

A statement under oath by a parent or guardian certifying (a) the present physical or mental condition of the minor or incapacitated person, and (b) approval of the proposed settlement and distribution thereof;

CRITICAL

Applies to

Transcript request

A transcript-fee waiver or reduction request must include a supporting affidavit attached to the transcript request.

who request a waiver or reduction in transcript fees shall have attached to the transcript request an affidavit in support of any request to waive all or a portion of the costs of transcription.

CRITICALCivil cases

Applies to

Separate praecipe

The separate praecipe must direct that the action be listed as a lis pendens against the described property.

directs in said separate praecipe that the action shall be listed on a lis pendens against said real property;

CRITICAL

Applies to

Transcript request

Legal aid services must provide the Presiding Judge and attach to the transcript request a certification letter confirming financial eligibility and the required appeal or litigation need.

Legal aid services must provide to the Presiding Judge and attach to their transcript request a letter of certification verifying in accordance with Pa.R.J.A. 4008 (B) that the represented client meets financial eligibility and that the matter is under appeal or that the transcript being requested is necessary to advance the current litigation.

CRITICAL

Applies to

Summons

A summons must provide the hearing details, warn that failure to appear will result in a warrant, explain the defendant’s counsel rights and how to apply for appointed counsel, include the Public Defender’s contact information, and be accompanied by the complaint and a fingerprint order.

If the magisterial district judge issues a summons, the summons shall advise the defendant of the time, date and place of the hearing to be held before the Court of Common Pleas on the indirect criminal contempt allegations, which hearing shall be scheduled within ten business days of the filing of the complaint for indirect criminal contempt with the magisterial district court, and that if the defendant fails to appear for this hearing, a warrant will be issued for his/her arrest. The summons shall advise the defendant of his/her right to counsel and of his/her right to appointed counsel by application to the Carbon County Public Defender’s Office – with the address and telephone number of the Carbon County Public Defender’s Office included - in the event the defendant cannot afford private counsel, and shall be accompanied by a true and correct copy of the completed private criminal complaint and a fingerprint order.

CRITICALCriminal cases

Applies to

Motion to withdraw guilty plea

The motion to withdraw a guilty plea must be written and state one of the four listed grounds as the basis for the request.

In order to appeal your conviction by a plea of guilty, you must within ten (10) days file a written motion to withdraw your guilty plea and state any of the four above grounds as the basis for your petition to withdraw your guilty plea.

CRITICALCivil cases

Applies to

Pretrial statement

If a pretrial conference is scheduled before a Judge, the pretrial procedures and pretrial statement requirements must comply with Pa.R.C.P. 1915.4-4.

If a pretrial conference is scheduled before a Judge, the pretrial procedures and requirements of the pretrial statement shall comply with Pa.R.C.P. 1915.4-4.

CRITICAL

Applies to

Notice of appointment of arbitrators

The arbitration notice must include the specified language about the hearing, absent parties, and appeal rights.

Notice of the appointment of arbitrators and the date, time and place of arbitration in accordance with Pa.R.C.P.1303 shall be made by the Prothonotary’s Office. The Notice shall include the following language: “The matter will be heard by a board of arbitrators at the time, date, and place specified but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge.”

CRITICALCivil cases

Applies to

Settlement petition

If the settlement allocates funds between parents and children or among children, the petition must state the amount allocated to each party.

If there is to be an allocation between parents and children or among children, the amounts allocated to each party

CRITICALCriminal cases

Applies to

Criminal complaint and affidavit of probable cause

A copy must be delivered to the correctional facility and another copy faxed to the Magisterial District Court office for the judge.

A copy shall be delivered to the Carbon County Correctional Facility and a copy faxed to the Magisterial District Court office for the Judge’s use.

CRITICALCivil cases

Applies to

Petition

The petition must set out the factual circumstances of the case.

(A) Set forth the factual circumstances of the case;

CRITICALCivil cases

Applies to

Distribution petition

The distribution petition must include the facts and circumstances surrounding the origin of the minor’s fund.

The facts and circumstances surrounding the origination of the minor's fund;

CRITICALCivil cases

Applies to

Settlement petition

Must include

proposed order

The settlement petition must be accompanied by a proposed order of distribution.

A proposed order of distribution;

CRITICALCivil cases

Applies to

Social security number disclosure notice

The person named in the notice must be determined pursuant to 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

Petition

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

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

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

The petition must include a proposed order approving the settlement and allocation, substantially following Form A.

(1) A proposed order approving the settlement and allocation between wrongful death and survival; the proposed order shall comply substantially with the prescribed format in Form A.

CRITICALCivil cases

Applies to

Confidential information form

Complete Social Security numbers, account numbers, dates of birth, and minor children’s full names must be submitted on the Court’s Confidential Information Form.

The complete social security numbers, account numbers, dates of birth and full names of minors shall be submitted on the Court's “CONFIDENTIAL INFORMATION FORM” attached hereto.

CRITICAL

Applies to

Filing

The Confidential Information Form must accompany a filing when confidential information is required by law, ordered by the court, or necessary to dispose of the matter.

Pursuant to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, the Confidential Information Form shall accompany a filing where confidential information is required by law, ordered by the court, or otherwise necessary to effect thedisposition of a matter.

CRITICALCivil cases

Applies to

Motion

An uncontested motion must include a certification stating that it is uncontested.

When uncontested, motions shall include a certification stating that the motion is uncontested.

CRITICALCivil cases

Applies to

Petition

The petition must explain why the settlement is reasonable.

(B) State the reasons why the settlement is a reasonable one;

CRITICAL

Applies to

Civil cover sheet

Enter the plaintiff’s address and telephone number as of the time the action is filed.

PLANTIFF’S ADDRESS & TELEPHONE NUMBER: Enter the address and telephone numbers of the parties at the time of filing of the action.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

A summary-judgment motion must be filed with a proposed order and supporting brief, and may be deemed withdrawn without prejudice if the brief is omitted and the opposing party moves for withdrawal.

A party moving for summary judgment shall simultaneously file with the motion a proposed order and supporting brief. If a brief is not filed with the motion, the motion shall be deemed withdrawn, without prejudice, upon motion of the opposing party.

CRITICAL

Applies to

Civil cover sheet

Indicate whether the related cases have been consolidated by court order or stipulation.

Indicated whether they have been consolidated by Court Order or Stipulation.

CRITICALCivil cases

Applies to

Order for notice

The order for notice must be completed in English and Spanish.

The order for notice of the pendency of the action and the right to intervene required by Pa.R.C.P. 1915.6(b) shall be completed in English and Spanish.

CRITICALCriminal cases

Applies to

Indirect criminal contempt complaint

The complaint must set forth a summary of the facts advising the defendant of the nature of the charged offenses.

(set forth a summary of the facts to advise the defendant of the nature of the offenses charged.)

CRITICALCivil cases

Applies to

Exceptions

When filing Exceptions to a Hearing Officer’s report, the filing party must simultaneously arrange for transcription of the hearing testimony under the cited local rule.

When Exceptions are filed to the report of a Hearing Officer, the party filing the Exceptions shall simultaneously arrange for the transcribing of the testimony of the hearing before the Hearing Officer pursuant to Carbon County Local Rule of Judicial Administration 4007-Submitting and Processing Transcript Requests.