Court of Common Pleas of Carbon County, Pennsylvania Filing Timing and Cure Windows

CRITICAL

The Prothonotary must accept documents presented for filing, record the receipt date by timestamp and docket entry, and promptly place covered documents in the case file.

The prothonotary shall accept all written motions, answers, notices, or documents presented for filing. When a document, which is filed pursuant to paragraph (A)(1), is received by the prothonotary, the prothonotary shall time stamp it with the date of receipt and make a docket entry reflecting the date of receipt, and promptly shall place the document in the case file.

CRITICAL

If a pro se party gives a judge an unfiled document requesting cognizable legal relief, the judge must promptly forward it to the Prothonotary for filing and processing.

If a pro se party submits a document to a judge without filing it with the prothonotary, and the document requests some form of cognizable legal relief, the judge promptly shall forward the document to the prothonotary for filing and processing in accordance with this rule.

CRITICALCriminal cases

The Public Defender’s Office does not accept applications after 4:00 p.m.

We do not accept applications after 4:00 p.m., since it takes approximately 20 minutes to fill out the application.

WARNINGCivil cases

A party who does not respond may be deemed to have no opposition to granting the motion.

A party who fails to respond to the motion may be deemed to have no opposition to its grant.

WARNINGCivil cases

After the discovery period ends, the case is assigned a certain date for arbitration or non-jury trial.

Upon completion of the discovery period, the case is given a date certain for arbitration or non-jury trial.

WARNINGCivil cases

If the parties do not reach a settlement at the pretrial conference, the case is scheduled for trial.

If settlement is not reached at the pre-trial conference, the case is scheduled for trial.

WARNINGCivil cases

When an appeal of an arbitration award is filed, the case is assigned a certain date for a pretrial conference or non-jury trial.

In any case where an appeal for an arbitration award is filed, the case is given a date certain for a pre-trial conference or non-jury trial.

CRITICAL

Deadline

10 business days

A summons must state the hearing’s time, date, and place, and the hearing must be scheduled within ten business days after the complaint is filed.

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

CRITICALCriminal cases

If the petition to withdraw a guilty plea is denied, an appeal must be filed with the Superior Court of Pennsylvania within 30 days.

If your petition to withdraw your guilty plea is denied, you then have thirty (30) days to file an appeal from that denial with the Superior Court of Pennsylvania.

CRITICALCivil cases

If no objections are filed within 20 days after the report is filed, the Court will confirm and adopt the report as a final order and decree.

If no objections are filed to an Auditor or Hearing Officer’s Report, within twenty (20) days from filing thereof, or if objections are overruled in toto by the Court, the Court shall enter an order confirming and adopting the report as a final order and decree.

CRITICALCriminal cases

A post-sentence motion must be filed with the Criminal Clerk of Courts within 10 days after sentence is imposed.

If you wish to file a post-sentence motion, it must be filed with the Criminal Clerk of Courts of Carbon County no later than ten (10) days after the imposition of sentence.

CRITICAL

The provision addresses action or a written objection or statement of intent to proceed before the call, and good cause for continuing the matter at the call, as part of the inactive-case dismissal process.

If no action is taken, or written objection or statement of intention to proceed is filed, prior to the call, or if good cause for continuing the matter is not shown at the call, the Court shall enter an order dismissing the proceedings.

CRITICAL

A real-time transmission requester must first check availability with the District Court Administrator, file the request at least 14 days before the proceeding, cover the electronic connection cost, and pay the applicable service fee.

For any party who requests real time transmission of the court reporter’s translated notes instantaneously by an electronic feed to a laptop, tablet, phone or other portable electronic device via cable, Wi-Fi, router or Bluetooth, the party, media or other interested individual making such request (after first checking with the District Court Administrator that real time transmission is available) shall (1) file their request with the District Court Administrator a minimum of fourteen days in advance of the proceeding; (2) be required to cover the cost of the electronic connection to accommodate such request; and (3) be charged a fee of $150.00 for each half day or less of transcription services provided by the court reporters and $300.00 for each day in which the proceedings exceed a half day.

CRITICALCivil cases

If a custody trial is scheduled before a Judge, the parties must file their Pretrial statements at least seven days before trial.

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,

CRITICALCivil cases

A party filing exceptions must arrange for transcription of the hearing testimony within five days, or the exceptions will be dismissed absent good cause.

When exceptions are filed to the report of a hearing officer, the party filing the exceptions shall, within five (5) days of filing those exceptions arrange for the transcription of the notes of testimony of the hearing before the hearing officer in accordance with Carbon County Rule of Judicial Administration 4007. Absent good cause shown, failure to arrange for the transcription of the notes of testimony in accordance with the preceding paragraph or Carbon County Rule of Judicial Administration 4007 will result in dismissal of the exceptions.

CRITICALCriminal cases

The arresting officer must promptly complete and file an indirect criminal contempt complaint with the magisterial district court.

The arresting officer shall promptly complete and file with the magisterial district court a complaint for indirect criminal contempt in accordance with 23 Pa.C.S.A. §§6113, 6114 or 42 Pa.C.S.A. §§62A12, 62A14, as applicable.

CRITICALCivil cases

A respondent seeking argument must file the Praecipe for Argument within 20 days after service of the preliminary objections.

If a party desires argument, a Praecipe for Argument shall accompany the motion or be filed by the respondent within twenty (20) days of service of the preliminary objections.

CRITICALCriminal cases

The judge must decide a post-sentence motion and any permitted supplemental motion within 120 days after the original motion is filed.

If you file a post-sentence motion, it and any supplemental motion you may be permitted to file, must be decided by the judge within 120 days of the filing of the original motion.

CRITICALCriminal cases

For a defendant released on bail after sentencing, release is conditioned on filing a post-sentence motion and perfecting an appeal, or perfecting an appeal within the time permitted by law if no post-sentence motion is filed.

If you qualify for bail and are released on bail after sentencing, a condition of release will be that you either file a post-sentence motion and perfect an appeal, or, when no post-sentence motion is filed, perfect an appeal with the time permitted by law.

CRITICALCivil cases

An amended pleading must be filed within 20 days after service of the preliminary objections to avoid the matter being decided on briefs, unless the assigned Judge requests argument.

If an amended pleading is not filed within twenty (20) days of service of the preliminary objections, the matter shall be decided on briefs unless the assigned Judge requests that argument be scheduled.

CRITICALCivil cases

A response must be filed within 20 days after the motion is served.

A response shall be filed within twenty (20) days after service of the motion.

CRITICAL

The praecipe to strike a settled case must be filed at least three days before the scheduled arbitration.

If the case is settled three (3) days or more before the Arbitration hearing, Plaintiff’s attorney/Plaintiff must file at least three (3) days prior to the scheduled Arbitration, a praecipe to strike the case from the arbitration list because the case is settled

CRITICALCivil cases

When Exceptions are filed to the report of a Hearing Officer, the party filing the Exceptions shall simultaneously [, within twenty (20) days of the filing of the Hearing Officer’s report,] arrange for the transcribing of the testimony of the hearing before the Hearing Officer pursuant to [in accordance with] Carbon County Local Rule of Judicial Administration 4007-Submitting and Processing Transcript Requests. [5000.5 for filing with the Court]. [Said party shall pay the stenographer for the transcript in accordance with Carbon County Local Rule of Judicial Administration 5000.7.] Absent good cause shown, failure of the excepting party to arrange for the transcript and pay the cost thereof, unless waived by the court, [as provided herein] shall result in the dismissal of said Exceptions by the Court [upon motion].

When Exceptions are filed to the report of a Hearing Officer, the party filing the Exceptions shall simultaneously [, within twenty (20) days of the filing of the Hearing Officer’s report,] arrange for the transcribing of the testimony of the hearing before the Hearing Officer pursuant to [in accordance with] Carbon County Local Rule of Judicial Administration 4007-Submitting and Processing Transcript Requests. [5000.5 for filing with the Court]. [Said party shall pay the stenographer for the transcript in accordance with Carbon County Local Rule of Judicial Administration 5000.7.] Absent good cause shown, failure of the excepting party to arrange for the transcript and pay the cost thereof, unless waived by the court, [as provided herein] shall result in the dismissal of said Exceptions by the Court [upon motion].

CRITICALCivil cases

A party of record may file objections within 20 days from the filing of the report.

Said notice shall state that any party of record may file objections thereto within twenty (20) days from the filing of any such report.

CRITICALCivil cases

The recipient must present a written response to the attached document within 20 days after being notified of it, or a judgment may be entered against them.

Por este medio se le notifica que tiene que presentar una respuesta por escrito al documento adjunto dentro de veinte dias (20) a partir de la fecha en que fue notificado del mismo o de lo contrario se dispondrá un fallo en su contra.

CRITICALCivil cases

An opposing party must respond within 30 days after service, serve the District Court Administrator, and provide a certificate of service; a party who does not respond is deemed unopposed without contest.

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. Service shall be required on the District Court Administrator. A party who fails to respond to the motion shall be deemed to be unopposed to the granting of the motion without contest.

CRITICALCivil cases

Each adverse party or counsel of record must file an original and two copies of a brief in answer within 30 days after service of the motion.

Each adverse party or his counsel of record shall file in the Office of the Prothonotary an original and two (2) copies of a brief in answer, within thirty (30) days of service of the motion

CRITICAL

Unless the law provides otherwise, mailed filings are timely only if the Prothonotary actually receives them by the filing deadline.

Except as provided by law, filing by mail shall be timely only when actually received by the prothonotary within the time fixed for filing.

CRITICALCivil cases

The auditor must file the report within 45 days after the hearing concludes.

Within forty-five (45) days after the conclusion of the hearing the auditor shall file a written report which insofar as it is practicable shall contain (i) a history of the proceedings before the auditor, (ii) findings of fact, numbered consecutively, (iii) a concise discussion of the evidence presented and the legal issues involved, (iv) conclusions of law, numbered consecutively, and (v) a statement of the account.

CRITICALCivil cases

All parties of record must file pre-hearing statements within 45 days after required service of the petition and preliminary decree.

Within forty-five (45) days after required service of the petition and preliminary decree, all parties of record shall file pre-hearing statements

CRITICAL

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

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

CRITICALCriminal cases

To pursue an appeal from a guilty plea, the defendant must file a motion to withdraw the plea within 10 days after sentencing.

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. This must be done within ten (10) days from the date you are sentenced.

CRITICAL

A party must request a hearing within 30 days of publication to prevent termination under this procedure.

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.

CRITICALCriminal cases

The Guilty Plea Colloquy and Megan Law Supplement forms must be filed in open court when a guilty or nolo contendere plea is entered.

Guilty Plea Colloquy and Megan Law Supplement forms shall be filed in open Court at the time of entry of any plea of guilty or nolo contendere.

CRITICALCriminal cases

To preserve the right to complain about the listed areas, file the petition within 10 days of sentencing.

If you do not file your petition within ten (10) days of your sentence or do not file a Notice of Appeal to the Superior Court within thirty (30) days after your petition to withdraw your guilty plea is denied, you give up your right to ever complain again of any of those four areas, including incompetent counsel.

CRITICALCriminal cases

A notice of appeal from an order deciding or denying a post-sentence motion must be filed with the Criminal Clerk of Courts within 30 days of the order.

If you file a post-sentence motion, and wish to appeal from the order deciding or denying the motion, a notice of appeal must be filed with the Criminal Clerk of Courts of Carbon County, within thirty (30) days of that order.

CRITICALCivil cases

A defendant has 20 days from the date of the complaint and notification to respond to defend against the claims.

Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion.

CRITICALCriminal cases

A notice of appeal must be filed with the Criminal Clerk of Courts within 30 days after sentence is imposed.

If you wish to file an appeal, a notice of appeal must be filed with the Criminal Clerk of Courts of Carbon County, within thirty (30) days of imposition of sentence.

CRITICALCivil cases

When the parties cannot agree, the Hearing Officer must prepare and forward a recommended Interim Custody Order to the Court within 10 days.

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).

CRITICALCivil cases

Any party may file exceptions to the auditor’s report within 10 days after service of the report.

Exceptions to the report of the auditor may be filed by any party within ten (10) days after service of a copy of the report upon him.

CRITICALCivil cases

The affidavit must be filed within 30 days from the date of the Order.

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.

CRITICALCivil cases

An appropriate petition must be filed with the Orphans’ Court within 30 days.

An appropriate Petition shall be filed with the Orphans’ Court within thirty (30) days.

CRITICAL

The Commonwealth may appeal a determination to the Court of Common Pleas within the time allowed for Summary Appeals under the Rules of Criminal Procedure.

The Commonwealth shall have the right to appeal any determination to the Court of Common Pleas within the time period for Summary Appeals pursuant to the Rules of Criminal Procedure.

CRITICALCivil cases

Every party must file its Pre-Trial Statement by the date set in the management review order or an order extending milestones.

Every party shall simultaneously file and serve upon opposing counsel a Pre-Trial Statement on or before the date established in the management review order or the order of court granting a motion to extend milestones.

CRITICAL

The photograph of the retained non-documentary exhibit must be presented for the record before the proceeding ends.

prior to the end of the proceeding.

CRITICALCivil cases

The District Court Administrator must incorporate the Local Rule into the complete set of Local Rules within 30 days after 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

When exceptions are filed to the report of a hearing officer, the party filing the exceptions shall, within five (5) days of filing those exceptions arrange for the transcription of the notes of testimony of the hearing before the hearing officer in accordance with Carbon County Rule of Judicial Administration 4007. Absent good cause shown, failure to arrange for the transcription of the notes of testimony in accordance with the preceding paragraph or Carbon County Rule of Judicial Administration 4007 and pay the cost thereof, unless waived by the Court, shall result in dismissal of the exceptions.

When exceptions are filed to the report of a hearing officer, the party filing the exceptions shall, within five (5) days of filing those exceptions arrange for the transcription of the notes of testimony of the hearing before the hearing officer in accordance with Carbon County Rule of Judicial Administration 4007. Absent good cause shown, failure to arrange for the transcription of the notes of testimony in accordance with the preceding paragraph or Carbon County Rule of Judicial Administration 4007 and pay the cost thereof, unless waived by the Court, shall result in dismissal of the exceptions.

CRITICAL

Deadline

5 business days

The Stenographer must file the Index in the appropriate Records Office within five business days after the proceeding concludes.

This Index shall be filed by the court stenographer in the appropriate Records Office within five business days of the conclusion of the court proceeding.

CRITICAL

The Rule must be incorporated into the Court's complete set of Rules of Court no later than 30 days after publication in the Pennsylvania Bulletin.

7. Incorporate the Rule no later than thirty (30) days after publication in the Pennsylvania Bulletin with this Court's complete set of Rules of Court published at http://www.carboncourts.com.

CRITICALCriminal cases

To appeal a Nolo Contendere conviction, file a motion to withdraw the plea within ten days after sentencing.

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. This must be done within ten (10) days from the date you are sentenced.