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

CRITICAL

The copy of the confidential exhibit and its certification must be provided to the Court Stenographer no later than five days after the proceeding concludes.

shall give a copy of the exhibit and a certification prepared in compliance with the Policy to the Court Stenographer no later than five days after the conclusion of the Court Proceeding

CRITICAL

If you wish to assert your claim to custodial rights with respect to the child(ren) or wish to present evidence to the Court on those matters, you should petition the Court, on or before the date above, for leave to intervene in the proceedings.

If you wish to assert your claim to custodial rights with respect to the child(ren) or wish to present evidence to the Court on those matters, you should petition the Court, on or before the date above, for leave to intervene in the proceedings.

CRITICAL

Applies to

Petition to intervene

A person seeking to assert custody rights or present evidence must petition the court for permission to intervene no later than the indicated date.

Si desea hacer valer su demanda de derechos de custodia con respecto al (los) menor(es) o desea presentar pruebas al Tribunal sobre estos asuntos, deberá hacer un pedimento al Tribunal a más tardar para la fecha antes indicada, para pedir permiso para intervenir en las diligencias judiciales.

CRITICALCriminal cases

The Local Rule must be incorporated into the complete set of Local Rules no later than 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.

CRITICAL

Deadline

5 working days

The party requesting an incarcerated individual's attendance must prepare, file, and present a writ at least five working days before the scheduled event.

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

A petition to withdraw a Nolo Contendere plea must be filed 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 Nolo Contendere plea is denied, you give up your right to ever complain again of any of those four areas, including incompetent counsel.

CRITICALCriminal cases

After the assigned officer verifies the relevant information, an order granting or denying parole must be submitted to the Court.

Once the assigned officer has verified all relevant information, an Order granting or denying parole shall be submitted to the Court.

CRITICALCriminal cases

An appeal from denial of a petition to withdraw a Nolo Contendere plea must be filed within 30 days.

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

CRITICAL

Deadline

5 working days

For proceedings requiring the defendant's attendance, defense counsel must prepare, file, and present the writ at least five working days before the event; for a pro se defendant, the Commonwealth has that responsibility.

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

Continuances must be filed with the Clerk of Courts within the timeframe set by Carbon County Local Rule CARB.R.Crim.P 106.

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.

CRITICALCriminal cases

A prisoner-transport request must be made to the Court at least three days before the appearance, unless genuine exigency or most unusual circumstances apply.

Absent genuine exigency or most unusual circumstances, a request for transport of prisoner shall be made to the Court not less than three (3) days before such appearance.

CRITICALCivil cases

A party filing exceptions must arrange for transcription within five days and pay its cost unless the Court waives payment; absent good cause, failure to do so results in dismissal.

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.

CRITICALCriminal cases

If a case is removed from A.R.D. and sent back for trial, the District Attorney has 120 days to bring it to trial.

10. I understand that if my case is removed from the A.R.D. program and sent back for trial, the District Attorney will then have one hundred and twenty (120) days within which to bring me to trial.

CRITICALCriminal cases

Public Defender applicants must apply in person at least five days before the hearing.

This must be done in person. You must apply at least five (5) days BEFORE your hearing.

CRITICALCriminal cases

A defendant seeking a trial before a judge without a jury must notify the Court before the stated jury-selection date.

I must give the Court notice prior to stated jury selection date if I desire to have my case tried before a Judge without a jury.

CRITICALCriminal cases

A defendant intending to offer an alibi, insanity, or mental-infirmity defense must notify the Attorney for the Commonwealth in writing within 30 days after the scheduled arraignment date.

If I intend to offer the defense of alibi, insanity or mental infirmity, I must notify the Attorney for the Commonwealth in writing within 30 days after the scheduled arraignment date.

CRITICALCriminal cases

Discovery must be concluded 14 days after the scheduled arraignment date.

Any discovery must be concluded 14 days after the scheduled arraignment date.

CRITICALCriminal cases

Failing to file discovery or pretrial-relief motions within the prescribed time limits is treated as a waiver of the right to file them.

If I fail to file any motions for discovery or pre-trial relief within the prescribed time limits, it shall be considered a waiver of the rights to file such motions.

CRITICALCriminal cases

A request for a Bill of Particulars must be filed in writing within 7 days after the scheduled arraignment date.

I must file a request for a Bill of Particulars in writing within 7 days after the scheduled arraignment date.

CRITICALCivil cases

The case-event timeline lists motions filing deadlines of 8 months for fast-track cases, 14 months for standard-track cases, and 20 months for complex-track cases.

Motions Filing Deadline 8 months 14 months 20 months

CRITICALCriminal cases

All pretrial motions for relief must be filed on or before 30 days from the scheduled arraignment date.

I must file all pre-trial motions for relief on or before 30 days from the scheduled arraignment date.

CRITICALCriminal cases

Time spent processing an A.R.D. questionnaire is excluded when computing the 365-day Rule 600 period.

9. Time spent in processing the questionnaire for A.R.D. will be excluded in computing the 365 days under Rule 600.

WARNINGCriminal cases

Private, public defender, and court-appointed counsel may move to withdraw their appearance after the direct-appeal filing period expires or direct-appeal proceedings are exhausted.

After the time for filing a direct appeal has expired or the proceedings on direct appeal have been exhausted, in order to be removed as Counsel of Record, Counsel, whether, private, public defender or court-appointed, may file a motion to withdraw his or her appearance.

WARNINGCourt notice

A defendant who wishes to defend must act promptly; otherwise, the case may proceed without them and a divorce or annulment decree may be entered.

If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court.

WARNING

A noncompliant writ may be entertained only if there was no earlier opportunity to file it timely or the interests of justice require it.

Any writ filed that is not in compliance with this rule shall be entertained only if the opportunity to timely file it did not previously exist or the interest of justice so requires.

WARNINGCourt notice

A defendant who wishes to defend must act promptly; otherwise, the case may proceed without them and a divorce or annulment order may be entered.

Si desea defenderse de las demandas delineadas en las siguientes páginas, debe tomar acción prontamente. Se le notifica que si no lo hace, el caso procederá sin usted y el tribunal pudiera asentar una orden de divorcio o anulamiento en su contra.

WARNINGCourt notice

Claims for alimony, property division, lawyer’s fees, or expenses must be filed before a divorce or annulment is granted to avoid the risk of losing the right to claim them.

IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.

WARNINGCourt notice

Claims for support, property division, attorney’s fees, or expenses must be filed before a divorce or annulment is granted to avoid the risk of losing the right to claim them.

SI USTED NO ASIENTA UNA DEMANDA POR MANUTENCION, DIVISION DE PROPIEDADES, HONORARIOS PROFESIONALES DEL ABOGADO O GASTOS ANTES QUE SE OTORGUE UN DIVORCIO O ANULACION, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ESTOS GASTOS.

WARNINGCivil cases

The Court strives to dispose of fast-track cases within ten months after filing, except in extraordinary circumstances.

Except in extraordinary circumstances, the Court strives to dispose of all fast track cases within ten (10) months after initial filing.

WARNINGCivil cases

Approximately 120 days after initial filing, the docket is reviewed; an order confirms the timelines if the complaint and service are in order, and a management conference is scheduled if proper pleadings or service have not been initiated.

Approximately one hundred twenty (120) days after initial filing of the case, a review of the docket activity is performed to check the status of the case. If the complaint and service are in order, a management review order is produced confirming the timelines established for the case. A management conference is scheduled for cases where the proper pleadings or service have not been initiated.

WARNINGCivil cases

The timeline gives approximate pretrial memorandum due dates of 15 months for standard-track cases and 21 months for complex-track cases.

Pretrial Memorandum Due Approx. 15 Approx. 21 months months

WARNINGCivil cases

Approximately 120 days after the action is filed, deadlines and projected event dates are scheduled and notice is given to attorneys and parties.

Approximately one hundred twenty days (120) after initial filing of the action, deadlines and events are scheduled with notice given to attorneys/parties of all deadlines and projected event dates, assuring case flow and expeditious case dispositions.