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

CRITICALCivil cases

Applies to

Notice to defend

A Notice to Defend accompanying a complaint filed in Carbon County must identify North Penn Legal Services and provide its listed contact information.

The agency to be named in the Notice to Defend accompanying complaints filed in the Court of Common Pleas of Carbon County, PA shall be: North Penn Legal Services 101 West Broad Street, Suite 713 Hazleton, PA 18201 877-953-4250

CRITICALCriminal cases

Applies to

Bail bond

The defendant must sign the bail bond.

9. Bail bond must be signed by the defendant.

CRITICALCriminal cases

Applies to

Parole petition

An inmate who violates the stated guidelines while serving the sentence must petition the Court for parole.

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.

CRITICALCivil cases

Applies to

Administrative order and local rule

The District Court Administrator must keep copies of the Administrative Order and Local Rule continuously available for public inspection and copying in the Prothonotary’s Office.

Keep copies of this Administrative Order and Local Rule continuously available for public inspection and copying in the Prothonotary’s Office.

CRITICALCriminal cases

Applies to

Paroling order

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.

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.

CRITICAL

Applies to

Written agreement

The approved juvenile must enter a written agreement stating the required hours, work locations, and completion date, signed by the juvenile, parent or guardian, and a Juvenile Court Officer.

Upon approval, each juvenile will enter into a written agreement which will include the number of hours to be completed, the location of the site(s) where the hours are to be performed, and the completion date. This agreement will be signed by the juvenile, his/her parent or guardian, and a Juvenile Court Officer.

CRITICALCriminal cases

Applies to

Fingerprint order

The MDJ must issue AOPC Form 405-05 ordering the defendant to call the correctional facility or appear at the State Police Barracks for electronic fingerprinting and photos.

b. The MDJ shall also issue a fingerprint order, AOPC Form 405-05, which shall order the defendant to call the Carbon County Correctional Facility or appear at the Pennsylvania State Police Barracks for electronic fingerprinting and photos.

CRITICAL

Applies to

Reports

Reports submitted before permanency hearings must be directed to the District Court Administrator at the specified address.

IT IS FURTHER ORDERED AND DECREED that said reports SHALL BE DIRECTED to the District Court Administrator, Carbon County Courthouse, P. O. Box 131, Jim Thorpe, Pennsylvania 18229.

CRITICALCriminal cases

Applies to

Surety information page

For unsecured bail, the defendant must sign the surety information page.

10. Surety information page will be signed by the defendant in the event of unsecured bail.

CRITICALCriminal cases

Applies to

Parole petition

If parole is denied for any reason, the defendant must file a parole petition with the Court, after which a hearing will be scheduled.

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.

CRITICALCriminal cases

Applies to

Incarceration paperwork

If the defendant is incarcerated, the MDJ will fax back the listed arraignment, hearing, commitment, release, and bail paperwork.

The MDJ will fax back the necessary paperwork as follows: a. In the event of incarceration: 1. Signed criminal complaint; 2. Signed affidavit of probable cause; 3. Notice of preliminary arraignment; 4. Notice of preliminary hearing; 5. Commitment; 6. Release of Prisoner; 7. Bail conditions; 8. Bail bond;

CRITICAL

Applies to

Hazardous exhibit

The Proponent must ensure that a photograph of each covered hazardous or dangerous exhibit is entered into the documentary record.

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.

CRITICAL

Applies to

Petition to amend protection from abuse order

The petition form calls for identifying the acts alleged to merit modification or withdrawal of the existing order.

4. Petitioner alleges that the following act(s) merit the Court’s modification/withdrawal of the existing Protection from Abuse order:

CRITICALCriminal cases

Applies to

Petition for warrant

If a defendant fails to appear to serve the sentence, the Correctional Facility must file a petition requesting an arrest warrant.

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.

CRITICAL

Applies to

Transfer of custody document

With respect to any weapons, ammunition, drugs, contraband or other dangerous or hazardous materials which have been admitted into evidence, at the conclusion of the Court Proceedings, the Court Stenographer shall complete a transfer of custody document describing all such exhibits being transferred to the Proponent, said document to be signed by the Stenographer evidencing this transfer and acknowledged by the Proponent in writing acknowledging the Proponent’s receipt of all such exhibits.

With respect to any weapons, ammunition, drugs, contraband or other dangerous or hazardous materials which have been admitted into evidence, at the conclusion of the Court Proceedings, the Court Stenographer shall complete a transfer of custody document describing all such exhibits being transferred to the Proponent, said document to be signed by the Stenographer evidencing this transfer and acknowledged by the Proponent in writing acknowledging the Proponent’s receipt of all such exhibits.

CRITICAL

Applies to

Proposed order

If appropriate, the proponent must provide a proposed order seeking to seal the document or keep its information confidential.

with a proposed order to have the document sealed or information therein kept confidential, if appropriate

CRITICAL

Applies to

Writ

A writ must be prepared, filed, and presented by the party requesting an incarcerated individual's attendance.

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.

CRITICALCriminal cases

Applies to

Continuance

Continuances must be completed and signed by the District Attorney or Assistant District Attorney, defense counsel, and defendant, and filed with the Clerk of Courts within the timeframe set by Carbon County Local Rule CARB.R.Crim.P 106; absent exigent circumstances, failure to file timely results in the case being listed on the next criminal trial list.

Continuances shall be completed and signed by the District Attorney/Assistant District Attorney, defense counsel, and defendant and filed in the Clerk of Courts Office within the timeframe set forth pursuant to Carbon County Local Rule CARB.R.Crim.P 106. Failure of any attorney or self-represented defendant to complete, sign and file the required stipulations at the end of the status conference or failure to file the timely continuance referenced above, absent exigent circumstances, shall result in the case being listed on the next criminal trial list.

CRITICALCivil cases

Applies to

Amended local rule

The District Court Administrator must publish the amended Local Rule on the Carbon County Court of Common Pleas website.

Publish the amended Local Rule on the website of the Carbon County Court of Common Pleas.

CRITICALCriminal cases

The Commonwealth will subpoena individuals required to testify at the parole hearing.

The Commonwealth will subpoena any required individuals needed to testify at the parole hearing.

CRITICAL

Applies to

Certification

A copy of the certification must be filed with the appropriate Records Office.

and file a copy of the certification with the appropriate Records Office.

CRITICALCriminal cases

Applies to

Entry of appearance

An entry of appearance includes a certification that the filing complies with Pennsylvania’s Public Access Policy for confidential information and documents.

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

CRITICALCriminal cases

Applies to

Transport order

When an adult prisoner’s court appearance is required, the prisoner’s attorney or the requesting party must prepare a transport order and forward it to the assigned judge.

In any criminal proceeding in which a court appearance by an adult prisoner will be required, the attorney for the prisoner or the party requesting the presence of the prisoner shall prepare a transport order and forward it to the judge assigned to the case.

CRITICALCivil cases

Applies to

Minor compromise case

A Praecipe for Writ of Summons or a Complaint must be filed in matters pertaining to a Minor’s Compromise Case.

in order to ensure that a Praecipe for Writ of Summons or a Complaint is filed in all matters pertaining to a Minor’s Compromise Case

CRITICAL

Applies to

Confidential information form

A Confidential Information Form must be filed at the same time as the document containing confidential information.

except on a Confidential Information Form filed contemporaneously with the document.

CRITICALCriminal cases

Applies to

Administrative order and local rule

The District Court Administrator must file one copy of the Administrative Order and Local Rule with the Administrative Office of Pennsylvania Courts.

File one copy of this Administrative Order and Local Rule with the Administrative Office of Pennsylvania Courts.

CRITICAL

Applies to

Non documentary exhibit

A retained non-documentary exhibit must be photographed in color and presented as a letter-sized document for the record.

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.

CRITICAL

Applies to

Original stipulation

The original stipulation must be filed with the Juvenile Court Office.

The original stipulation shall be filed with the Juvenile Court Office.

CRITICALCivil cases

Applies to

Stipulation or agreement

A stipulation or agreement must have an attached proposed consent order substantially in the form of Form A.

A proposed consent order substantially in the same form as Form "A" following this Rule shall be attached to the stipulation or agreement.

CRITICAL

Applies to

Receipt

After notice of an intended transfer, the Proponent must arrange to pick up the non-documentary exhibits and execute the Stenographer-prepared receipt upon receiving them.

To facilitate the transfer of non- documentary exhibits to the Proponent, upon receiving notice from the Stenographer of the intended transfer, the Proponent of the exhibits shall arrange with the Stenographer to have the exhibits picked up and upon receipt of such exhibits shall execute a receipt prepared by the Stenographer acknowledging the Proponent’s receipt.

CRITICAL

Applies to

Exhibit

The proponent must provide the Court Stenographer with a copy of the confidential exhibit and a certification prepared in compliance with the Policy.

The Proponent of an exhibit containing confidential information or confidential documents, as defined in the Case Records Access Policy of the Unified Judicial System of Pennsylvania (“Policy”), shall give a copy of the exhibit and a certification prepared in compliance with the Policy to the Court Stenographer

CRITICAL

Applies to

Exhibit transfer

When an appeal, exceptions, or objections are filed and the transcription deposit is received or excused, the hearing officer or master must transfer the exhibits to the Court Stenographer with a descriptive list signed by the hearing officer or master and acknowledged in writing by the stenographer.

In the event an appeal, exceptions or objections have been filed to the hearing officer’s/master’s findings and decision, upon being notified by the Court Stenographer that the required deposit for making a transcription has been received or is excused, the hearing officer/master shall transfer and deliver the exhibits to the Court Stenographer accompanied by a descriptive list of the exhibits transferred to be signed by the hearing officer/master and acknowledged in writing by the Court Stenographer, which list shall be retained by the Court Stenographer.

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 incorporate the Local Rule into the complete set of Local Rules within 30 days following its 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.

CRITICALCivil cases

Applies to

Administrative order and local rule

The District Court Administrator must file one copy of the Administrative Order and Local Rule with the Administrative Office of Pennsylvania Courts.

File one copy of this Administrative Order and Local Rule with the Administrative Office of Pennsylvania Courts.

CRITICALCriminal cases

Applies to

Criminal case scheduling information form

After each preliminary hearing or waiver, the District Justice Office must complete a scheduling information form listing the specified case dates.

A criminal case scheduling information form (Exhibit 11) is completed by the District Justice Office after each preliminary hearing/waiver. This form lists the Arraignment date, Pretrial Status Conference date, Last Date to Plea-Plea Day and Jury Selection date.

CRITICALCriminal cases

Applies to

Preliminary arraignment packet

A defendant brought before the District Justice on an arrest warrant or summons must receive the listed preliminary-arraignment documents.

If a defendant is brought before the District Justice on an arrest warrant or a summons is issued, he/she will receive, in addition to the other required papers, the following: (a) Criminal Complaint and Arrest Warrant Affidavit (b) District Court Notice of Preliminary Hearing (Exhibit 3) (c) Carbon County Public Defender Guidelines (Exhibit 4) -- The District Justice advises the Defendant to read the Guidelines carefully and contact the Public Defender's Office for an appointment if Defendant believes he/she qualifies. (d) Alternatives to Trial or Guilty Plea if First Time Offender (Exhibit 5), District Attorney Notice of Accelerated Rehabilitative Disposition (ARD) Program (Exhibit 6), Questionnaire to Determine Eligibility for ARD Program (Exhibit 7) and Prior Criminal Record Form (Exhibit 8) -- The District Justice advises Defendant, if he/she is a first-time offender of a non violent crime, that Defendant may qualify for the ARD program.

CRITICALCriminal cases

Applies to

Prior criminal record form

During negotiations, the defendant must sign a Prior Criminal Record Form listing known prior convictions and acknowledging the accuracy condition and potential additional charges for an intentional misstatement.

The defendant, as part of the negotiation process, signs a Prior Criminal Record Form (Exhibit 8) listing his/her known prior record, acknowledges that the negotiations are contingent on the accuracy of the information, and acknowledges that an INTENTIONAL misstatement of the record can result in additional charges; and

CRITICALCriminal cases

Applies to

Waiver of Double Jeopardy Rights

An ARD applicant who pleads guilty to a summary offense must sign a Waiver of Double Jeopardy Rights.

If applicant pleads guilty to any summary offense, he/she must sign a Waiver of Double Jeopardy Rights.

CRITICALCriminal cases

Applies to

Entry of appearance

The defendant’s attorney must sign an Entry of Appearance and provide it to the District Justice before the preliminary hearing begins.

The attorney representing the defendant at a preliminary hearing signs an Entry of Appearance pursuant to CARB.R.Crim.P.120 and provides it to the District Justice before beginning the preliminary hearing.

CRITICALCriminal cases

Applies to

Entry of appearance

The District Justice must transmit the Entry of Appearance with the docket transcript to the Clerk of Courts for filing of record.

The District Justice transmits the Entry of Appearance with the docket transcript to the Clerk of Courts to be filed of record.

CRITICAL

Applies to

Custody complaint

When there is no existing custody order, a custody complaint should be filed with the custody agreement.

If the parties do NOT have a pre-existing custody order in place, but want a court ordered agreement of the custody arrangement, a custody complaint should be filed along with the custody agreement.

CRITICAL

Applies to

Custody agreement

Both parties must sign the custody agreement before the Court will incorporate it as an order.

BOTH parties must sign the agreement in order for the Court to incorporate it as an order of Court.

CRITICAL

Applies to

Order incorporating custody agreement

Must include

caption

The case caption on the order form must match the caption on the current custody order or custody complaint.

Fill out the case caption the same way as it exists on your current custody order and/or custody complaint.

CRITICALCriminal cases

Applies to

ARD application materials

Applicants must complete and bring the specified ARD forms to the preliminary hearing, including the DUI waiver form if applicable.

You must complete the Questionnaire to Determine Eligibility for Accelerated Rehabilitative Disposition (ARD) program and have it notarized, complete the Prior Criminal Record Statement, and, if DUI related, sign the Waiver of Rights Form attached to the Explanation of Accelerated Rehabilitation Program for Driving Under the Influence Offenders and bring it with you to the Preliminary Hearing at the District Justice's Office.

CRITICAL

Applies to

Petition to modify

When a custody order already exists, a petition to modify should be filed with the custody agreement.

However, if there is an existing custody order in place, then a petition to modify should be filed along with the custody agreement.

CRITICALCriminal cases

Applies to

Public defender application

Applicants must bring all paperwork received to date and copies of proof of income when applying for Public Defender assistance.

Please bring with you all paperwork you have received to date and any copies of proof of any and all income as stated above.

CRITICALCriminal cases

Applies to

CRN evaluation

The complete CRN evaluation must be in the Court’s possession before sentencing or acceptance into the ARD program.

The Court MUST have in their possession, prior to your sentencing or acceptance into the ARD program, the complete CRN evaluation.

CRITICALCriminal cases

Applies to

Questionnaire

Answer the questionnaire truthfully and fully under oath or affirmation, and bring it to the District Justice’s Office at the preliminary hearing for A.R.D. eligibility consideration.

The following questions are to be answered truthfully and fully under oath or affirmation. Bring this questionnaire with you to the District Justice’s Office at the time of your preliminary hearing so the District Attorney can determine your eligibility for consideration into the Accelerated Rehabilitative Disposition Program.

CRITICALCriminal cases

All applicants must complete the following portion of the form.

TO BE COMPLETED BY ALL APPLICANTS