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

CRITICALCriminal cases

Applies to

ARD waiver

Non-DUI offenders placed in ARD must sign a written waiver of the preliminary hearing and arraignment.

SIGN an ARD written Waiver of your Preliminary Hearing and Arraignment.

CRITICALCriminal cases

A person charged with DUI must answer the following questions on the form.

THE FOLLOWING QUESTIONS ARE TO BE ANSWERED BY ANY PERSON CHARGED WITH DUI

CRITICALCriminal cases

Applies to

Plea or ard agreement forms

When a guilty-plea or ARD agreement is reached, the written stipulation form must be completed; an ARD agreement also requires the ARD explanation and waiver-of-rights form.

Where a Guilty Plea or ARD agreement is reached, a written Stipulation for Trial, Guilty Plea or ARD Form (Exhibit 9), and if ARD, an Explanation of Accelerated Rehabilitation Program (ARD) and Waiver of Rights Form (Exhibit 10) are completed.

CRITICALCriminal cases

Applies to

Waiver of arraignment form

If the defendant waives the Common Plea Arraignment at the preliminary hearing, the defendant and defense counsel must sign the Waiver of Arraignment Form.

Waiver of Arraignment Form (Exhibit 12) is signed by defendant and defense counsel if defendant is waiving his Common Plea Arraignment at the time of the preliminary hearing.

CRITICALCriminal cases

Applies to

Questionnaire

To be considered for the A.R.D. Program, complete and notarize the questionnaire and bring it to the Office of the District Justice at the preliminary hearing.

If you desire to be considered for the A.R.D. Program, you MUST complete the enclosed questionnaire and have it notarized. Bring the notarized, completed questionnaire with you to the Office of the District Justice at the time of your preliminary hearing.

WARNING

Applies to

Administrative order

The District Court Administrator must file the specified certified copies, diskette, and committee notifications with the Legislative Reference Bureau for publication.

File two (2) certified copies, one (1) computer diskette and a copy of the written notifications received from the Criminal Procedural Rules Committee and the Juvenile Court Procedural Rules Committee with the Legislative Reference Bureau for publication in the P ennsylvania Bulletin.

WARNING

Applies to

Private criminal complaint

If the complaint is approved, the District Attorney’s Office must indicate its decision on the complaint form.

If the complaint is approved, the District Attorney's Office shall indicate this decision on the complaint form

WARNINGCivil cases

Applies to

Protection from abuse petition

If the answer to question 14(b) is yes, complete Attachment A with the petition.

If the answer to (b) above is “Yes”, please complete Attachment A.

WARNINGCivil cases

Applies to

Brief

Each brief must include a case history, pertinent facts, questions presented, argument, and a short conclusion specifying the relief requested.

Each brief shall contain: (a) A history of the case; (b) A statement of the pertinent facts; (c) A statement of the questions involved; (d) An argument; and (e) A short conclusion stating the precise relief requested.

WARNING

Applies to

Administrative order

The District Court Administrator must keep copies of the order continuously available for public inspection in the Clerk of Courts’ Office.

Keep continuously available for public inspection copies of the Order in the Clerk of Courts’ Office.

WARNING

Applies to

Administrative order

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

Forward one (1) copy to the Carbon County Law Library.

WARNINGCivil cases

Applies to

Petition for protection from abuse

When filing on your own behalf, answer all petition questions referring to yourself as “Plaintiff.”

If you checked "myself," please answer all questions referring to yourself as "Plaintiff".

WARNINGCivil cases

Applies to

Settlement petition

The approving judge may, in the judge’s discretion, require relevant people to appear personally and require additional evidence for adjudication of the petition.

The approving Judge, to whom the Petition is submitted, may, at his or her discretion, require the personal appearance of the minor, guardians, physicians, or any other relevant party, as well as, the production of any other evidence deemed necessary for adjudication of the Petition.

WARNINGCivil cases

Applies to

Brief

The questions presented in a brief must be framed so the Court can quickly identify all legal questions requiring determination.

The statement of questions involved shall be so drawn that the Court may quickly determine all the legal questions requiring determination.

WARNING

Applies to

Contact information

A self-represented party must keep the Court, other self-represented parties, and attorneys of record informed of current contact information.

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.

WARNINGCivil cases

Applies to

Petition for protection from abuse

When filing only for another person, refer to that person as “Plaintiff” in your answers and provide your name and address as filer unless confidential.

If you ONLY checked "another person," please answer all questions referring to that person as the "Plaintiff," and provide your name and address here, as filer, unless confidential.

WARNINGCivil cases

Applies to

Petition for protection from abuse

List everyone seeking protection, including minor children; the Plaintiff’s name need not be entered again.

3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. (Note: You do NOT need to enter the Plaintiff’s name again.)

WARNINGCivil cases

Applies to

Brief

A brief must attach as exhibits copies of relied-upon state or federal cases that are not published in that court's official reports.

Copies of any state or federal case relied upon not published in the official reports of that court shall be attached as Exhibits to the Brief.

WARNING

Applies to

Administrative order

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

Forward one (1) copy for publication in the Carbon County Law Journal.

WARNINGCriminal cases

Applies to

Indirect criminal contempt complaint

The complaint must state the subsequent history of the order.

Enter the subsequent history of the Order.

WARNING

Applies to

Administrative order

The District Court Administrator must file one certified copy of the order with the Administrative Office of Pennsylvania Courts.

File one (1) certified copy of this Administrative Order with the Administrative Office of Pennsylvania Courts.

WARNINGCivil cases

Applies to

Consent to serve as arbitrator

An eligible attorney interested in serving on arbitration cases must complete and return the attached Consent to Serve as Arbitrator to the District Court Administrator.

Any attorney who is actively engaged in the general practice of law primarily in Carbon County who is interested in serving on Arbitration cases shall complete and return to the District Court Administrator a “Consent to Serve as Arbitrator” as attached hereto.

WARNINGCivil cases

Applies to

Brief

A brief's argument must be divided into as many parts as there are questions involved.

The argument shall be divided into as many parts as there are questions involved.

WARNING

Applies to

Administrative order

The District Court Administrator must publish a copy of the order on the Unified Judicial System’s website.

Publish a copy of this Administrative Order on the Unified Judicial System’s website at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

WARNINGCivil cases

Applies to

Protection from abuse petition

Check the listed boxes only when they apply and provide the requested information.

CHECK THE FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE REQUESTED INFORMATION.

WARNINGCivil cases

Applies to

Petition for protection from abuse

If filing for another person, indicate your relationship with the Plaintiff and check all applicable choices.

If you checked "Another Person", indicate your relationship with Plaintiff: (Check all that apply)

WARNINGCivil cases

Applies to

Notice of judgment

The notice must name a person in accordance with CARB.R.C.P. 1018.1.

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

WARNINGCivil cases

Applies to

Distribution petition

All petitions shall be accompanied by:

All petitions shall be accompanied by:

WARNINGCriminal cases

Applies to

Indirect criminal contempt complaint

Attach additional pages to the complaint if necessary.

(Attach additional pages if necessary)

WARNINGCriminal cases

Applies to

Indirect criminal contempt complaint

The issuing authority’s certification states that the complaint has been properly completed and verified.

I certify that the complaint has been properly completed and verified.

WARNING

Applies to

Private criminal complaint

If the complaint is disapproved, the District Attorney’s Office must state the reasons on the complaint form.

If the complaint is disapproved by the District Attorney’s Office, the District Attorney’s Office shall state the reasons for disapproval on the complaint form

WARNINGCivil cases

If any listed court action applies, the plaintiff should provide when and where it was filed and its court number if known.

If you checked any of the above, briefly indicate when and where the case was filed, and the court number, if known:

WARNINGCivil cases

Applies to

Brief

Briefs must identify by page number or another appropriate designation each portion of the record relied on in support of the argument.

Briefs shall refer specifically, by page number or other appropriate designation, to any portion of the record relied upon in support of the argument.

WARNING

Applies to

Civil cover sheet

List a husband and wife as separate parties.

Husband and wife should be listed as separate parties.

WARNINGCivil cases

Applies to

Referral

Referrals must be signed for counselors or advocates to respond.

IMPORTANT: Counselor/Advocates are not permitted to respond to referrals that are not signed.

WARNING

Applies to

Abuse victim addendum

Attach additional pages to the addendum if needed.

Attach additional page(s) if necessary.

WARNINGCriminal cases

Applies to

Nolo contendere colloquy

If there is anything that you do not understand, you should say so in writing on this form.

If there is anything that you do not understand, you should say so in writing on this form.

WARNINGCriminal cases

Applies to

Nolo contendere 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”.

WARNINGCriminal cases

Applies to

Megan law supplement to guilty plea colloquy

You should also initial each page at the bottom where indicated, but only if you have read and have understood that page.

You should also initial each page at the bottom where indicated, but only if you have read and have understood that page.

WARNINGCriminal cases

Applies to

Nolo contendere colloquy

You should also initial each page at the bottom, but only if you have read and have understood that page.

You should also initial each page at the bottom, but only if you have read and have understood that page.

WARNINGCriminal cases

Applies to

Megan law supplement to guilty plea colloquy

If there is anything that you do not understand, you should say so in writing on this form.

If there is anything that you do not understand, you should say so in writing on this form.

WARNINGCriminal cases

Applies to

Megan law supplement to guilty plea colloquy

After you have read and filled out this form, you should sign it on the last page (on the line marked “Defendant”).

After you have read and filled out this form, you should sign it on the last page (on the line marked “Defendant”).

WARNINGCriminal cases

Applies to

Nolo contendere colloquy

Please answer fully all the questions on this document.

Please answer fully all the questions on this document.

WARNINGCriminal cases

Applies to

Nolo contendere colloquy

The defendant should write “no” if an explanation is not understood and “yes” if the questions are understood.

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”.

WARNINGCriminal cases

Applies to

Nolo contendere colloquy

The defendant should tell their lawyer and the judge about anything they do not understand so it can be explained fully.

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.

WARNINGCriminal cases

Applies to

Nolo contendere colloquy

The defendant should not leave any lines on the form blank.

None of the lines should be left blank.

WARNINGCriminal cases

Applies to

Nolo contendere colloquy

The defendant should answer fully wherever the form requests general information.

Where general information is asked for, however, please answer fully.

WARNINGCriminal cases

Applies to

Administrative order copy

Copies of the order must be continuously available for public inspection and copying in the Clerk of Courts Office.

Keep copies of this order continuously available for public inspection and copying in the Clerk of Courts Office.

WARNINGCriminal cases

Applies to

Parole petition

An inmate receiving a parole setback need not petition the Court for future parole unless the sanction specifically requires it.

Unless specifically stated in the sanction, inmates receiving a setback of their parole are not required to petition the Court for future parole.

WARNINGCriminal cases

Applies to

Megan law supplement to guilty plea colloquy

Please answer all questions “Yes” or “No.”

Please answer all questions “Yes” or “No.”