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

CRITICALCivil cases

Applies to

Separate praecipe

To obtain lis pendens indexing, the filer must submit a separate praecipe describing the property and identifying the volume and page where its recorded description appears.

files a separate praecipe describing said real property by metes and bounds or a sufficient description to identify it, and the volume and page in the Recorder of Deeds Office of this county where a recorded description of said property appears;

CRITICALCivil cases

Applies to

Affidavit

Counsel must file an affidavit certifying compliance with the Order within 30 days of its date.

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.

CRITICALCriminal cases

Applies to

Guilty plea colloquy

If you do not understand any explanations given to you on this document, say so by putting the word “no” in the blank provided after the questions. If you do understand the questions, you should write in the word “yes”. None of the lines should be left blank.

If you do not understand any explanations given to you on this document, say so by putting the word “no” in the blank provided after the questions. If you do understand the questions, you should write in the word “yes”. None of the lines should be left blank.

CRITICALCivil cases

Applies to

Petition

The petition must state medical and funeral bills, the decedent’s wage loss, and the age, employment, and other circumstances of potential Wrongful Death Act beneficiaries.

(c) The amount of the medical and funeral bills; (d) The amount of the decedent's wage loss; and (e) The age, employment and any other circumstances of any potential beneficiaries under the Wrongful Death Act.

CRITICALCriminal cases

Applies to

Guilty plea colloquy

If there is anything that you do not understand, you should say so in writing on this form. You should also tell your lawyer and the Judge who hears your case, so that they can explain it to you fully, to make sure you understand all your rights.

If there is anything that you do not understand, you should say so in writing on this form. You should also tell your lawyer and the Judge who hears your case, so that they can explain it to you fully, to make sure you understand all your rights.

CRITICALCivil cases

Applies to

Pa rule 2039 petition

Before the Court will entertain a Pa.R.C.P. 2039 petition filed in the Prothonotary’s Office, the guardian must commence an action in this Court by filing a writ praecipe or complaint.

The Court will not entertain a petition under Pa.R.C.P. 2039, filed in the Carbon County Prothonotary’s Office, unless the minor’s guardian has commenced an action in this Court by filing either a Praecipe for Writ of Summons or a Complaint, with subsequent service of the writ or the complaint.

CRITICAL

Applies to

Entry of appearance

A self-represented party must enter a written appearance stating an address for service and a telephone number; including a facsimile number is optional.

A party representing himself or herself shall enter a written appearance which shall state an address, which need not be his or her home address, where the party agrees that pleadings and other legal papers may be served, and a telephone number through which the party may be contacted, as attached hereto. The entry of appearance may include a facsimile number as provided by Pa.R.C.P. No. 440(d).

CRITICALCivil cases

Applies to

Action commencing document

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.

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.

CRITICALCivil cases

Applies to

Response

Must include

certificate of service

An opposing party's response must include a certificate of service evidencing service in accordance with the rule for the motion.

Any party opposing the motion shall file a response within thirty (30) days of service of the motion, together with a certificate of service evidencing service in accordance with number one above.

CRITICALCivil cases

Applies to

Pretrial statement

A Pretrial statement for a custody trial before a Judge must include the listed issues, discovery matters, witness and expert information, disputes, exhibits, agreements, proposed findings, and proposed custody order.

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, which shall contain: a. A clear concise statement of the issues to be resolved by the Court; b. Unresolved discovery matters; c. Name and address of each expert whom the party intends to call at trial as a witness; d. Name and address of each witness the party intends to call at trial, the relationship of that witness to the party and a statement by the party or the party’s counsel that he or she has communicated with each listed witness; e. Issues relating to expert witnesses; f. List of evidentiary disputes; g. List of exhibits; h. Any agreements of the parties; i. Proposed Findings of Fact; and j. Proposed Custody Order setting forth the custody schedule requested by the party.

CRITICAL

Applies to

Abuse victim addendum

When necessary, abuse-victim information must be provided on a separate Abuse Victim Addendum.

If necessary, this information must be provided on the separate Abuse Victim Addendum.

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

Must include

proposed order

A motion for judgment on the pleadings must be filed with a proposed order and supporting brief.

A party moving for judgment on the pleadings shall simultaneously file with the motion a proposed order and supporting brief.

CRITICAL

Applies to

Transcript

After receiving the final balance, the District Court Administrator will direct the court reporter to file the transcript and provide copies to the parties.

Upon receipt of the final balance due, the District Court Administrator will notify the court reporter to file the transcript in the appropriate filing office and provide copies to the parties.

CRITICALCivil cases

Applies to

Distribution petition

The distribution petition must state the minor’s age when the fund was created and the minor’s present age.

The age of the minor at the time the fund was created and the minor's present age;

CRITICALCriminal cases

Applies to

Entry of appearance

An Entry of Appearance must substantially follow the attached form.

The Entry of Appearance required under Pa.R.Crim.P.120 (A) shall be substantially in the form as attached hereto.

CRITICALCivil cases

Applies to

Settlement petition

The settlement petition must set forth the factual circumstances of the case.

Set forth the factual circumstances of the case;

CRITICALCriminal cases

Applies to

Administrative order copy

The District Court Administrator must forward one copy to the Carbon County Law Library.

Forward one copy to the Carbon County Law Library.

CRITICAL

Applies to

Non documentary exhibit

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.

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.

CRITICALCriminal cases

Applies to

Written motion

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

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.

CRITICAL

Applies to

Documentary exhibit

When an offered document exceeds 8 1/2 x 11 inches, the Proponent must ensure a copy reduced to that size or smaller is entered into the record.

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.

CRITICALCriminal cases

Applies to

Order

All orders require approval by the Chief Adult Probation Officer.

All Orders are subject to the approval of the Chief Adult Probation Officer.

CRITICALCriminal cases

Applies to

Preliminary arraignment paperwork

Before the arraignment, the arresting officer must fax the criminal complaint, affidavit of probable cause, and specified bail information sheet to the MDJ location.

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.

CRITICALCivil cases

Applies to

Filed document

Confidential information must not be included in a filed document unless it is 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.

CRITICALCriminal cases

Applies to

Police complaint and arrest warrant affidavit

Covered police complaints and arrest-warrant affidavits charging specified felonies or misdemeanors require approval from an attorney for the Commonwealth before filing.

The District Attorney of Carbon County, having filed on August 29, 2014 a certification pursuant to Pa.R.Crim.P.507, criminal complaints and arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedures, charging one or more felony or misdemeanor of the first, second, or third degree, shall not hereafter be accepted by any judicial officer unless the complaint and affidavit has the approval of an attorney for the Commonwealth prior to filing.

CRITICALCriminal cases

Applies to

Intake

After a parole recommendation, an intake including a risk and needs assessment must be completed before release.

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.

CRITICALCriminal cases

Applies to

Parole petition

An inmate who appears more than one hour late must petition the Court for parole.

Inmates who appear over one (1) hour late will be required to petition the Court for parole.

CRITICALCriminal cases

Applies to

Administrative order copy

The District Court Administrator must forward one copy for publication in the Carbon County Law Journal.

Forward one copy for publication in the Carbon County Law Journal.

CRITICALCriminal cases

Applies to

Bail receipt

A bail receipt must be issued to the defendant or the person posting bail.

c. A receipt for bail shall be issued to the defendant or bail poster.

CRITICAL

Applies to

Petition to amend protection from abuse order

The petition form requires a copy of the existing Protection from Abuse order to be attached.

2. A copy of the existing Protection from Abuse order is attached hereto.

CRITICAL

Applies to

Voucher

Must include

case number

The payment voucher must use the juvenile's case number and initials to preserve confidentiality.

The voucher will be prepared using the juvenile case number and juvenile's initials, thus preserving confidentiality.

CRITICAL

Applies to

Written stipulation

At the end of the status conference, the written stipulation must be completed and signed by the specified participants.

At the end of the status conference, a written stipulation for an admission or hearing or other disposition shall be completed and signed by the District Attorney/Assistant District Attorney, Defense Counsel and the Minor.

CRITICAL

Applies to

Confidential information form

Confidential information filed under the Policy must be submitted on the standardized form provided by the Administrative Office of Pennsylvania Courts.

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.

CRITICALCriminal cases

Applies to

Local rule

The District Court Administrator must publish a copy of the Local Rule on the court’s website.

Publish a copy of the Local Rule on the website of the Carbon County Court of Common Pleas

CRITICALCivil cases

Applies to

Administrative order and local rule

The District Court Administrator must forward one copy of the Administrative Order and Local Rule to the Carbon County Law Library.

Forward one copy of this Administrative Order and Local Rule to the Carbon County Law Library.

CRITICAL

Applies to

Writ

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.

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.

CRITICALCriminal cases

Applies to

Written appraisal

When realty is posted as bail, a licensed real estate broker must perform a written appraisal of its fair market value.

When posting realty as bail, a licensed real estate broker shall perform a written appraisal of the fair market value.

CRITICAL

Applies to

Index of exhibits

The Stenographer must prepare a numbered Index of Exhibits identifying each exhibit’s Proponent, admission or rejection status, and textual description or identification.

The court stenographer shall prepare an Index of Exhibits setting forth a numbered list of exhibits and for each exhibit identify the Proponent, whether the exhibit was admitted or rejected from evidence, and a textual description or identification of the exhibit.

CRITICALCriminal cases

Applies to

Judgment of record

The Clerk of Courts must enter a judgment of record in favor of Carbon County for the full undertaking on realty posted as bail.

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.

CRITICALCriminal cases

Applies to

Parole hearing petition

If parole is denied based on opposition from the Commonwealth or victim, the offender must petition the Court for a parole hearing.

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.

CRITICALCivil cases

Applies to

Notice

The required notice must be completed in both English and Spanish.

The notice required by Pa.R.C.P. 1920.12 (c) shall be completed in English and Spanish.

CRITICAL

Applies to

Petition to amend protection from abuse order

The petition form calls for stating how the petitioner seeks to modify the Protection from Abuse order.

3. Petitioner seeks to modify his/her Protection from Abuse order in the following manner:

CRITICAL

Applies to

Petition to amend protection from abuse order

The petition form calls for identifying the existing Protection from Abuse order, its issuance date, and its docket number.

1. The Petitioner mostly has a Protection from Abuse order, issued against the above-noted defendant on ___________________________________________, entered under the above referenced docket number.

CRITICALCriminal cases

Applies to

Memorandum

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.

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.

CRITICALCriminal cases

Applies to

Order of sentence

An incarceration order of sentence must state the minimum time the offender must serve before becoming eligible for parole.

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.

CRITICALCriminal cases

Applies to

Motion

Motions for deaf and/or language interpreters must conform to Pa.R.Crim.P. 575 and 576.

All motions for deaf and/or language interpreters shall be in conformance with Pa.R.Crim.P.575 and 576.

CRITICALCivil cases

Applies to

Administrative order and local rule

The District Court Administrator must forward one copy of the Administrative Order and Local Rule for publication in the Carbon County Law Journal.

Forward one copy of this Administrative Order and Local Rule for publication in the Carbon County Law Journal.

CRITICAL

Applies to

Filing

Confidential information must be omitted from filed documents unless it is included 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.

CRITICALCriminal cases

Applies to

Attorney certification

The Attorney Certification contains the attorney’s certification that the client understands the plea and that all communicated plea offers have been explained.

I,_______________________________, Esquire, Attorney for __________________________________, state that I have advised my client of the contents and meaning of this document; that it is my belief that he/she comprehends and understands what is set forth above; that I am prepared to try this case; and that the defendant understands what he/she is doing by pleading guilty. I further state that I have related and explained to the defendant all plea offers, both oral and written, communicated to me by the District Attorney’s Office.

CRITICALCivil cases

Applies to

Notices required by listed rules

Notices required by the rules listed in the order must name the same agency required for a Rule 1018.1 Notice to Defend.

The agency to be named in the Notices required by the following rules shall be the same as that required for PA R.C.P. 1018.1:

CRITICAL

Applies to

Exhibit photograph

The photograph must be marked as an exhibit and listed in the exhibits index.

The photograph shall be marked as an exhibit and identified in the exhibits index.