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

CRITICALCivil cases

Date of Most Recent Conciliation Conference: _____________________ (Must be within 90 days of filing)

Date of Most Recent Conciliation Conference: _____________________ (Must be within 90 days of filing)

CRITICAL

The surety affidavit must be filed with the bond and renewed annually for as long as the bond remains in effect.

Such affidavit shall be filed together with the bond when filed, and shall be renewed annually thereafter so long as the bond shall remain in effect.

WARNINGCivil cases

Processing the Firearm Release Request may take up to 15 days.

*Please note that this process may take up to fifteen (15) days to complete.

INFO

A schedule agreed to by all parties in interest may be approved before the 20-day objection period expires.

Schedules agreed to by all parties in interest may be approved prior to twenty (20) days after filing.

INFOCivil cases

Upon receiving a legal paper, the Prothonotary must acknowledge receipt with the date and time and notify the filing party whether it was accepted for filing.

Upon receipt of the legal paper, the Prothonotary shall provide the filing party with an acknowledgment, which includes the date and time the legal paper was received by the Electronic Filing System. The Prothonotary shall also provide the filing party with notice that the legal paper was accepted for filing.

INFO

Stipulated orders may be submitted at any time.

Stipulated orders may be submitted at any time.

INFOCivil cases

If a paper is not accepted or is refused by the Electronic Filing System, the Prothonotary must immediately notify the submitting party of the presentation date, the rejection, and its reason.

If a legal paper is not accepted upon presentation for filing or is refused for filing by the Electronic Filing System, the Prothonotary shall immediately notify the party presenting the legal paper for filing of the date of presentation, the fact that the document was not accepted or refused for filing by the system, and the reason therefor.

CRITICAL

Exceptions will be dismissed if the notes of testimony have not been ordered and, if required, paid for within thirty days after the exceptions are filed.

Exceptions shall be dismissed in any case in which the notes of testimony have not been ordered, and paid for if required, within thirty (30) days of the filing of the exceptions.

CRITICAL

Agreed orders must be sent promptly to the Court for signature.

(1) All agreed orders shall promptly be sent to the Court for signature.

CRITICALCivil cases

A party seeking counsel fees as taxable costs must file an appropriate petition within 20 days after the case concludes.

When counsel fees are sought under the provision of 42 Pa.C.S. §2503 as part of the taxable costs of a matter, the party seeking them shall do so by filing an appropriate petition within twenty (20) days of the conclusion of the case in this court.

CRITICAL

A request for partition or allotment of real estate must be made before or at the audit.

When partition or allotment of real estate is requested by the accountant or an interested party, the request shall be made prior to or at the audit.

CRITICALCivil cases

In a non-jury case, each party must file proposed findings of fact and conclusions of law by the commencement of trial.

(b) Findings of Fact and Conclusions of Law. In all cases tried by a judge sitting without a jury, each party shall file proposed findings of fact and conclusions of law no later than the commencement of trial.

CRITICALCivil cases

All subsequent requests for administrative conferences must be filed at least 30 days before the trial listing date.

All subsequent requests for administrative conferences must be filed not less than thirty (30) days prior to the trial listing date.

CRITICALCivil cases

If an answer is filed and a party seeks to develop a record on disputed material facts, depositions must be completed within 45 days after service of the answer to the preliminary objection.

If an answer is filed and any party wishes to develop a record on any disputed issues of material fact, depositions shall be completed within forty-five (45) days of the date of service of the answer to the preliminary objection.

CRITICAL

Each party must file the Pretrial Statement five days before the Pretrial Conference.

A Pretrial Statement, (see Form 13) not to exceed three (3) pages in length, shall be filed by each party five days prior to the Pretrial Conference containing the following information:

CRITICAL

Deadline

5 business days

If exigent circumstances prevent contemporaneous provision of the reduced documentary copy, the proponent must file it within five business days after the proceeding concludes.

If exigent circumstances prevent the proponent from providing the smaller-sized document to the records office at the same time the proponent offers the oversized original into evidence, then the proponent shall file the smaller-sized document copy (said copy approved by the parties or the court) as the substitute exhibit with the records office not later than five (5) business days after the court proceeding has concluded.

CRITICALCivil cases

Covered factual averments are deemed admitted unless specifically denied by an answer filed within 20 days after service of the petition, by any shorter court-allowed deadline, or by the deadline for answering preliminary objections.

All well-pled factual averments in a petition upon which a rule to show cause has been granted, or in preliminary objections endorsed with a notice to plead and properly containing averments to fact, shall be deemed admitted unless an answer specifically denying the same is filed on or before the close of court within twenty days after service of the petition upon the respondent(s), or such shorter time as the court may have allowed, or, in the case of preliminary objections, on the date on which an answer to the preliminary objections is due pursuant to the Pennsylvania Rules of Civil Procedure.

CRITICAL

Objections to an unconfirmed schedule of distribution must be filed with the Clerk within 20 days after the schedule is filed.

Objections to an unconfirmed schedule of distribution shall be filed with the Clerk and must be filed not later than the twentieth (20th) day after the schedule was filed.

CRITICAL

A party seeking sequestration must make the motion at the outset of trial.

If any party desires sequestration, that motion shall be made at the outset of the trial.

CRITICAL

Within 10 days after the Hearing Officer’s hearings close, the attorney must file a final report stating whether the defendant’s whereabouts were ascertained and, if applicable, whether military service prejudices the defendant.

Within ten (10) days after the hearings before the Hearing Officer have closed, the attorney shall file with the Hearing Officer a final report stating whether or not the defendant’s whereabouts have been ascertained, and if the defendant is in the military service, whether or not the defendant is prejudiced by said military service.

CRITICAL

Deadline

10 business days

Objections must be in writing and filed within ten business days of the recommendation.

All Objections shall be in writing and filed within ten (10) business days of the recommendation.

CRITICALCivil cases

Responses and briefs to motions for summary judgment must be filed within 30 days after service of the motion.

except with respect to motions for summary judgment, to which responses and briefs must be filed within thirty (30) days after service of the motion.

CRITICALCivil cases

Briefs must be filed within 15 days after the praecipe for determination is filed.

be filed within fifteen (15) days of the filing of the praecipe for determination.

CRITICAL

The verification must be filed within thirty days after service of the complaint or petition, and no later than the scheduled custody conciliation conference.

You must file with the Court verification as required by Pa.R.Civ.P. 1915.3-1 in the form attached regarding any criminal record or abuse history regarding you and anyone living in your household within thirty days of the service of the within complaint or petition on you, but not later than the custody conciliation conference scheduled in Paragraph 2, above.

CRITICALCivil cases

The appellee and any intervenors must file a reply brief within 30 days after receiving the appellant’s brief.

Appellee and any intervenors shall have thirty (30) days from the receipt of the appellant’s Brief to file a reply Brief.

CRITICALCivil cases

The verification must be filed within 30 days after service of the complaint or petition, or earlier if the custody conciliation conference occurs first.

You must file with the Court verification as required by Pa.R.Civ.P. 1915.3-1 in the form attached regarding any criminal record or abuse history regarding you and anyone living in your household within thirty days of the service of the within complaint or petition on you, but not later than the custody conciliation conference scheduled in Paragraph 2, above.

CRITICAL

Trial must be demanded by the hearing date; otherwise, the custody conciliator’s recommendation will become a final court order.

Failure to demand trial by the aforementioned date shall result in the recommendation of the custody conciliator being entered as a final order of court.

CRITICALCivil cases

Except in category C matters, the first request for an administrative conference must be filed no later than 11 months after suit is initiated.

The first request for administrative conference must be filed no later than eleven (11) months after the date of initiation of suit, except in category C matters.

CRITICAL

Deadline

24 hours

An interpreter request must be made at least 24 hours before the proceeding.

(1)Requests for interpreters in accordance with C.C.R.C.P. 233.3 shall be made no less than twenty-four (24) hours in advance of the proceeding when an interpreter will be needed.

CRITICALCivil cases

Certificates of Trial Readiness and Pre-Trial Statements must be filed within 30 days after the demand for trial; failure results in the custody conciliator’s recommendation becoming a final court order.

All Certificates of Trial Readiness and Pre-Trial Statements shall be filed within thirty (30) days of filing a demand for trial. Failure to file within the time frame as specified shall result in the recommendation of the custody conciliator becoming a Final Order of the Court.

CRITICALCivil cases

The defendant must contact the assigned mediator within three days of receiving the papers to schedule mediation orientation.

1. Court Ordered Mediation: you are ordered to contact the Mediator assigned to your case within three (3) days of receiving these papers to schedule mediation orientation.

CRITICAL

The responding party must file a brief and service certification at least fourteen days before oral argument, following the manner prescribed for the excepting party.

No less than fourteen (14) days before the day set for oral argument, the responding party shall file a brief and certification or service in the manner prescribed in (1) above.

CRITICAL

To have the custody conciliation conference cancelled, attorneys must finalize and submit the signed Temporary Custody Order to Family Court at least five days before the conference.

The attorneys must finalize and submit the signed Temporary Custody Order to the Family Court at least five (5) days prior to the scheduled custody conciliation conference in order for the conference to be cancelled.

CRITICAL

Deadline

5 business days

Requests for separate listings must be filed at least five business days before the scheduled hearing before the Support Hearing Officer.

Requests for separate listings shall be filed no later than five (5) business days prior to the scheduled hearing before the Support Hearing Officer.

CRITICAL

The Respondent must file a response specifically denying the Petition’s well-pled facts by close of court on or before the rule returnable date to avoid their admission.

The Respondent is advised the well-pled facts of the Petition shall be deemed admitted unless a response specifically denying same is filed by close of court on or before the rule returnable date as set forth above.

CRITICAL

A notice of intention to proceed must be received within 30 days after publication or the matter will be terminated by court order.

If no notice of intention to proceed is received within thirty (30) days of the date of publishing the matter shall be terminated by order of court.

CRITICAL

A party subject to the per curiam order must produce the required documents and information to the Domestic Relations Office and the other party within 10 days after the conference concludes.

(b) If either party has failed to comply with the initial Order of Court requiring the production of certain documents and information at the Domestic Relations Office Conference, a per curiam order shall issue requiring that party to produce a copy of said documents and information to both the Domestic Relations Office and to counsel for the other party (or to an unrepresented party) within ten (10) days of the conclusion of the Domestic Relations Office Conference.

CRITICAL

If no timely answer is filed, the petitioner may move to make the rule absolute five days after its return date.

(6) If no answer has been timely filed, the petitioning party, five (5) days after the return date, may move to have the rule made absolute, granting the prayer of the petition.

CRITICALCivil cases

A person receiving the notice must join the action within 20 days after receipt or their cause of action will be barred and the action will proceed without them.

Notice required by Pa.R.C.P. No. 2232(a) shall consist of a copy of the complaint and a statement that the person to whom it is addressed is required to join therein within twenty (20) days after receipt of such notice; or his cause of action will be barred and the action will proceed without him.

CRITICALCivil cases

A surety company continuing to offer itself as surety must file a similar certificate and financial statement with the clerk annually by the first Monday of June or it is barred from acting until it files them.

To continue to offer itself as surety it shall file annually with the clerk of the orphans’ court division on or before the first Monday of June of each year a similar certificate and statement, and failure to do so within such time shall bar it from acting until such certificate and statement shall have been filed.

CRITICAL

The parties have ten days after the custody-conciliator hearing to request a hearing de novo.

At the conclusion of the hearing, the custody conciliator shall make a recommendation and advise the parties they have ten (10) days in which to request a hearing de novo.

CRITICAL

Motions in limine involving complex legal issues must be submitted two weeks before the scheduled trial date.

However, motions in limine involving complex legal issues shall be submitted two (2) weeks prior to the scheduled trial date.

CRITICALCivil cases

Unless the assigned judge directs otherwise, the moving party must serve a complete brief on all counsel and unrepresented parties and file it with a service certification at least three weeks before oral argument.

(h) The following schedule for the filing of briefs shall apply unless otherwise directed by the assigned judge: (1) No less than three (3) weeks before the day set for oral argument, the moving party (petitioner or movant) shall serve upon all counsel and unrepresented parties a complete copy of the brief; the brief shall be filed with the prothonotary along with a certification that service has been made.

CRITICAL

Each party must file an inventory within 90 days after service of a qualifying pleading or petition.

Pa.R.Civ.P. 1920.33(a) requires the filing of an inventory by each party within ninety (90) days after service of a pleading or petition containing a claim for determination and distribution of property under Section 3502 of the Divorce Code.

CRITICAL

A request to transport a prisoner housed by Chester County Prison must be made at least one day before the scheduled appearance, unless there is genuine exigency or a most unusual circumstance.

Absent genuine exigency or most unusual circumstances, a request for transport of a prisoner shall be made not less than one (1) day before the scheduled court appearance.

CRITICAL

The responding party must file its brief at least 14 days before oral argument.

(ii) No less than fourteen (14) days before the date set for oral argument, the responding party shall file a Brief and Certification of Service in the manner prescribed above.

CRITICALCivil cases

Exceptions to the bill of costs must be filed within 10 days after receipt of the copy.

Exceptions shall be filed within ten (10) days of the receipt of such copy.

CRITICAL

Deadline

10 business days

Objections to a discovery order must be filed within ten business days of the recommendation.

All Objections to the discovery order shall be in writing and filed within ten (10) business days of the recommendation.

CRITICALCivil cases

All parties may agree to waive oral argument, but the briefs remain due under paragraph (h), calculated from the originally scheduled argument date.

(i) Oral argument may be waived by agreement of all parties but, even if oral argument is waived, briefs shall nevertheless be due pursuant to paragraph (h) above, based upon the date originally set for oral argument.

CRITICAL

Exceptions to recommendations concerning interim distribution, interim counsel fees, or date of separation must be filed within twenty days of the Hearing Officer’s Report and Recommendation to preserve the issue for review.

In order to preserve the issue for review, Exceptions filed to a recommendation for Interim Distribution, Interim Counsel Fees and Date of Separation shall be filed within twenty (20) days of the filing of the Report and Recommendation of the Hearing Officer.

CRITICAL

An excepting party must file its brief with the Domestic Relations Office at least 30 days before oral argument.

(i) No less than thirty (30) days before the date set for oral argument, the excepting party or parties shall file a brief with the Domestic Relations Office, shall serve copies of the Brief upon all counsel, unrepresented parties and the Judge assigned to hear the exceptions, and shall file a Certification that service has been made.

CRITICAL

The recommended order must be entered if no stay is filed within five days.

If no stay is filed within five (5) days, the order shall be entered.

CRITICAL

In the specified public sale, the petition to fix or waive additional security must be presented before the purchaser pays the sale proceeds to the personal representative or trustee.

(1) In a public sale by a personal representative or trustee without benefit of an order of court directing or authorizing such sale, where the personal representative or trustee is required to give bond, he/she shall, before the proceeds of the sale are paid to the personal representative or trustee by the purchaser, present a petition to the Court setting forth:

CRITICALCivil cases

A motion for leave to file additional specific post-trial grounds must be filed with the prothonotary within 10 days after the verdict.

The motion shall be filed with the prothonotary within ten (10) days after verdict

CRITICAL

If no objections are filed with the Prothonotary within five days of service, the file is transmitted for judicial review, subject to the stated judge-availability condition.

If no objections to the Parenting Coordinator’s Recommendation(s) are filed with the Prothonotary within five days of service of the Summary and Recommendation(s), the Prothonotary shall transmit the file to the Court Administrator’s Office to be assigned to the appointing Judge, if available within a reasonable time, otherwise to any Family Court Judge for review of the Recommendation in accordance with Pa.R.Civ.P. 1915.11-1(f)(4).

CRITICALCivil cases

Each party must file its administrative conference memorandum with the assigned judge no later than five days before the conference.

No later than five (5) days in advance of the administrative conference, each party shall file with the assigned judge and immediately serve upon all other parties an administrative conference memorandum

CRITICAL

The appellee has 15 days to file a reply brief.

and appellee shall have fifteen (15) days to file a reply brief.

CRITICAL

Deadline

5 business days

If exigent circumstances prevent contemporaneous provision of the reduced photograph copy, the proponent must file it within five business days after the proceeding concludes.

If exigent circumstances prevent the proponent from providing the smaller-sized photograph to the records office at the same time the proponent offers the oversized original into evidence, then the proponent shall file the smaller-sized photograph copy (said copy approved by the parties or the court) as the substitute exhibit with the records office not later than five (5) business days after the court proceeding has concluded.

CRITICAL

A party seeking a pro bono Parenting Coordinator appointment must file a Petition to Proceed In Forma Pauperis with the Prothonotary within 3 days of the appointment order, unless good cause is shown.

Any party seeking a pro bono appointment must file with Prothonotary a Petition to Proceed In Forma Pauperis for the appointment of a Parenting Coordinator within three (3) days of the appointment order absent good cause shown.

CRITICALCivil cases

The appellant must file a praecipe for determination and supporting brief within 30 days of filing the praecipe for writ of certiorari; the appellee has 15 days to file a reply brief.

(a) Within thirty (30) days of filing a praecipe for writ of certiorari under the provisions of Pa.R.C.P.D.J. No. 1009 the appellant shall file a praecipe for determination and a brief in support of issuance of the writ and appellee shall have fifteen (15) days to file a reply brief.

CRITICALCivil cases

A cover sheet must be filed within 20 days after the notice is mailed; until it is filed, the plaintiff may not proceed further, without affecting the obligation to serve original process.

If the lawyer or party shall fail, within twenty (20) days of the mailing of such notice, to file a cover sheet, the plaintiff may not proceed further in the action until the cover sheet is filed, but this rule shall in no way affect the obligation of the plaintiff to serve the original process.

CRITICAL

The tenant must deposit the current month's rent, if unpaid, and subsequent rent payments with the prothonotary as they become due under the verified statement.

deposits with the prothonotary the rental payments for the current month (if not already paid) and the subsequent rental payments as they become due according to the said verified statement.

CRITICALCivil cases

An appellant must file a specification of the challenged items and grounds within three days after entry of the appeal, or the appeal will be dismissed.

provided that the appellant shall, within three (3) days after the appeal is entered, file a specification of the items to which he objects and the grounds of his objections; otherwise the appeal will be dismissed.

CRITICALCivil cases

In category C matters, the first request for an administrative conference must be filed no later than 10 days after the appeal from the arbitrators’ award is filed.

In category C matters, the first request for an administrative conference must be filed no later than ten (10) days after the filing of the appeal from the award of arbitrators.

CRITICALCivil cases

All parties must file the provided-form pre-arbitration memorandum with the Prothonotary at least seven days before the arbitration hearing.

At least seven (7) days before the date of the arbitration hearing, all parties shall file with the Prothonotary, in triplicate, a memorandum in the form provided

CRITICAL

If no Demand for Trial is filed within 90 days of the conciliation conference, the recommended order becomes a final court order.

If no demand for trial is filed within ninety (90) days of the conciliation conference, the recommended order shall become a final order of court.

CRITICAL

If the parties sign the order at mediation, the mediator must submit it to Family Court and provide copies to counsel of record at least five days before the conference for it to be cancelled.

If the parties sign the Temporary Custody Order at mediation, the mediator shall submit the signed Temporary Custody Order to the Family Court, with copies to counsel of record, at least five (5) days prior to the scheduled custody conciliation conference in order for the conference to be cancelled.

CRITICAL

When an issue is ripe after a timely answer, any party may file a praecipe for determination in the prescribed form with a supporting brief, and responsive briefs are due within 15 days of the praecipe filing.

(7) When an answer has been timely filed and any issue(s) raised in the petition and answer is (are) ripe for consideration, subject to the provisions of Pa.R.Civ.P. 206.7 any party may file a praecipe for determination in the form prescribed by C.C.R.C.P. 206.6 with a supporting brief. Responsive briefs shall be filed with fifteen (15) days of the filing of the praecipe for determination.

CRITICALCivil cases

The petition’s well-pled facts are deemed admitted unless the respondent files a response specifically denying them by close of court on or before the rule returnable date.

The respondent is advised the well-pled facts of the Petition shall be deemed admitted unless a response specifically denying same is filed by close of court on or before the rule returnable date as set forth above.

CRITICALCivil cases

The verified statement must be filed with the prothonotary when the appeal is filed.

(1) at the time of filing the appeal, files with the prothonotary a verified statement of his intentions of depositing monthly rental payments required by the lease which will become due during the pendency of the court of common pleas proceedings listing the amount of rental payments to become due per month and the dates when said payments are due, a copy of which shall be served upon the appellee by certified mail within five (5) days;

CRITICAL

An interested party may file objections to the report within 20 days after it is filed.

Any interested party shall have the right to file an objection(s) to such report within a period of twenty (20) days of the filing of the report.

CRITICAL

Objections to a Hearing Officer appointment motion must be filed within 10 days and comply with C.C.R.C.P. 206.2 and 206.6, but no brief is required.

Objections to the Motion for the Appointment of a Hearing Officer shall be filed within ten (10) days of the filing of the motion and shall be in accordance with C.C.R.C.P. 206.2 and 206.6 except that no brief shall be required.

CRITICAL

Deadline

48 hours

An agreed or recommended order must issue within 48 hours after the conciliation conference concludes.

An order, agreed upon by the parties or recommended by the custody conciliator shall issue within forty-eight (48) hours of the conclusion of the conciliation conference.

CRITICALCivil cases

The verification must be filed within 30 days after service of the complaint or petition and no later than the scheduled custody conciliation conference.

4. You must file with the Court a verification as required by Pa.R.C.P. 1915.3-1 in the form attached regarding any criminal record or abuse history regarding you and anyone living in your household within thirty days of the service of the within complaint or petition on you, but not later than the custody conciliation conference scheduled in Paragraph 2, above.

CRITICALCivil cases

The appellant must file a supporting brief and a Praecipe for Determination within 31 days after the returned record is filed.

Within thirty-one (31) days of the filing of the returned record, the appellant shall file a supporting Brief and a Praecipe for De-termination.

CRITICAL

Excepting parties must file and serve their brief and file a service certification at least thirty days before oral argument.

No less than thirty (30) days before the date set for oral argument, the excepting party or parties shall file a brief with the Prothonotary, shall serve copies of the brief upon all counsel, unrepresented parties and the judge assigned to hear the exceptions, and shall file a certification that service has been made.

CRITICALCivil cases

Responsive briefs to preliminary objections must be filed within 20 days after the praecipe for determination is filed.

Responsive briefs shall be filed within twenty (20) days of the filing of the praecipe for determination.

CRITICAL

Deadline

24 hours

The opposing party or counsel may submit written information opposing the continuance request to the Hearing Officer or Conciliator within 24 hours after service of the motion.

The opposing party/counsel may submit any relevant information opposing the request to the Hearing Officer/Conciliator in writing within twenty-four (24) hours of service of the motion.

CRITICAL

The certificate of trial readiness and pre-trial statement must be filed within 30 days after the demand for trial is filed.

A certificate of trial readiness and pre-trial statement shall be filed within thirty (30) days of the filing of the demand for trial.

CRITICAL

The respondent must file a response specifically denying the petition's well-pled facts by the close of court on or before the rule returnable date to avoid those facts being deemed admitted.

The respondent is advised the well-pled facts of the Petition shall be deemed admitted unless a response specifically denying same is filed by the close of court on or before the rule returnable date set for above.

CRITICALCivil cases

The respondent must file an answer within 20 days after service of the petition.

The respondent shall file an answer to the petition within twenty (20) days of service upon the respondent;

CRITICAL

The affidavit of service must be filed at least 7 days before the hearing date.

An affidavit of service of the petition and the citation with notice shall be filed with the Clerk at least seven (7) days prior to the hearing date.

CRITICALCivil cases

An appeal from the Board’s decision must be filed within 30 days of the date of notification.

1. An appeal from the decision of the Board shall be filed within thirty (30) days from the date of notification.

CRITICAL

If the attorney cannot determine the defendant’s whereabouts or military status, the attorney must file an interim report within 90 days after appointment describing the information obtained and steps taken.

If the attorney cannot ascertain the whereabouts of the defendant or whether or not the defendant is in the military service, the attorney shall, within ninety (90) days from the date of appointment, file with the Prothonotary an interim report stating what information has been ascertained and what steps were taken to ascertain such information, copies of which report shall immediately be served upon the attorney for the plaintiff and the Hearing Officer, if appointed.

CRITICAL

Within ten days after receiving a parole application, the Commonwealth's attorney must advise the assigned judge in a signed writing whether the application is opposed.

Upon receipt of a copy of a parole application, the attorney for the Commonwealth shall, within ten (10) days, in a signed writing, advise the judge to whom the application is addressed whether the application is opposed.

CRITICAL

A party objecting to a Parenting Coordinator recommendation must present objections, a record-hearing request, and a hearing notice within five days of service.

i. A party objecting to the Recommendation(s) must present Objection(s) to the Recommendation of the Parenting Coordinator and a Request for a Record Hearing within five days of service of the Summary and Recommendation(s) along with a hearing notice to Family Court for scheduling before the Family Court Judge who appointed the Parenting Coordinator, or other judge if the appointing judge no longer sits in Family Court.

CRITICAL

When no objection is filed, the required relocation filings must be made before the party relocates.

(3) If no objection to a proposed relocation is filed pursuant to 23 Pa.C.S.§5337(d), the relocating party shall file, prior to relocating, in addition to the affidavit, proof of notice and petition to confirm the relocation as required by 23 Pa.C.S.§5337(e): (a) A Praecipe for Determination consistent with C.C.R.C.P. 206.6; (b) A proposed order for custody; (c) A copy of the original proposal for a revised custody schedule provided to the respondent with the Notice of Relocation.

CRITICAL

A request to transport a prisoner housed outside Chester County must be made at least three days before the scheduled appearance, unless there is genuine exigency or a most unusual circumstance.

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

CRITICAL

A Hearing Officer must hold a preliminary conference within 30 days after appointment to determine the scope of the ancillary issues.

(1) A Hearing Officer shall hold a preliminary conference within thirty (30) days after being appointed to determine the scope of the ancillary issues raised.

CRITICALCivil cases

Each party must file a trial memorandum by the commencement of trial and, in jury trials, must also file requested points for charge by then.

(a) Trial Memorandum and Points for Charge. Each party shall file a trial memorandum and, in all jury trials, requested points for charge no later than the commencement of trial.

CRITICALCivil cases

Unless the assigned judge directs otherwise, the responding party must file a brief and service certification at least one week before oral argument and immediately serve a copy on each counsel and unrepresented party.

(h) The following schedule for the filing of briefs shall apply unless otherwise directed by the assigned judge: (2) No less than one (1) week before the day set for oral argument, the responding party shall file a brief and certification of service and shall immediately serve a copy on each counsel and unrepresented party.

CRITICAL

In an action including a divorce count under 23 Pa.C.S. § 3301(d), the required affidavit may not be filed before the twenty-first day after the complaint is filed and served.

(b) In those actions that include a count for divorce under 23 Pa.C.S. § 3301(d), the affidavit required by Section 3301(d) shall not be filed sooner than the twenty-first (21st) day after the filing and service of the complaint.

CRITICAL

Each party must submit a Pre-Trial Statement to the Court and opposing counsel at least five days before the hearing, limited to three pages and containing the specified claims or defenses, facts, issues, and applicable citations.

Each party shall submit to the Court and opposing counsel at least five (5) days before the scheduled hearing date a Pre-Trial Statement not exceeding three (3) pages setting forth: (1) a brief statement of the claim(s) being made by the moving party or the defense(s) being made by the responding party; (2) a concise statement of the facts; (3) a concise statement of the factual or legal issues involved including citations to the applicable statutes or case law, if any;

CRITICAL

The appellant must file a praecipe for determination and supporting brief within 30 days after filing the praecipe for writ of certiorari.

Within thirty (30) days of filing a praecipe for writ of certiorari under the provisions of Pa.R.C.P.D.J. 1009 the appellant shall file a praecipe for determination and a brief in support of issuance of the writ

CRITICAL

The Hearing Officer must return the court file to the Prothonotary within eight days of receiving the notice of intention to transmit the record.

(2) Within eight (8) days of the Hearing Officer’s receipt of a notice of intention to file a praecipe to transmit record, the Hearing Officer shall return the court file to the Prothonotary of Chester County.

CRITICAL

Deadline

10 calendar days

Each party must file a pre-trial statement conforming to Pa.R.Civ.P. 1920.33(b) at least ten calendar days before the scheduled Hearing Officer’s hearing.

Each party shall file a pre-trial statement in conformance with Pa.R.Civ.P. 1920.33(b) not less than then (10) calendar days prior to the scheduled Hearing Officer’s hearing.

CRITICALCivil cases

Each party must file a conference memorandum with the Prothonotary no later than five days before the conference and immediately serve it on the assigned judge and all other parties.

No later than five (5) days in advance of a scheduled conference, each party shall file with the prothonotary and immediately serve upon the assigned judge and all other parties a conference memorandum.

CRITICAL

When the parties reach a custody agreement and read the order into the record, they must submit an agreed order to the Court within 10 days.

If the parties have reached an agreement regarding custody and have read the order into the record, consistent with Pa.R.Civ.P. 1915.7. the parties shall submit to the Court an agreed order within ten (10) days.

CRITICALCivil cases

Responses and briefs are due within 20 days after a motion is filed, except responses and briefs to summary judgment motions are due within 30 days after service.

All other parties shall file their responses, if any, to the motion and their briefs, in accordance with C.C.R.C.P.210, within twenty (20) days of the filing of the motion, except with respect to motions for summary judgment, to which responses and briefs must be filed within thirty (30) days after service of the motion.

CRITICALCivil cases

A post-trial motion must be brought before the Court by filing a C.C.R.C.P. 206.6 praecipe for determination at the same time as the motion.

(g) Post-trial motions will be brought before the Court by filing a praecipe for determination under C.C.R.C.P. No. 206.6. The praecipe for determination shall be filed at the time of the filing of the post-trial motion.

CRITICAL

An objecting party to a recommendation changing primary custody must file a request to stay entry of the recommended order within five days of the recommendation date.

The conciliator shall advise the objecting party to an Order recommending a change in primary custody that a request for stay of the entry of the recommended order shall be filed within five (5) days of the recommendation date.

CRITICAL

Well-pled factual averments in the petition are deemed admitted unless a specifically denying answer is filed on the Rule’s return date.

(4) All well pled factual averments in the petition shall be deemed admitted unless an answer specifically denying the same is filed on the return date of the rule. The requirements of Pa.R.Civ.P. 1029 shall apply.

CRITICAL

Deadline

5 business days

If exigent circumstances prevent contemporaneous provision of the exhibit photograph, the proponent must file it within five business days after the proceeding concludes.

If exigent circumstances prevent the proponent from providing the photograph to the records office at the same time the proponent offers the original exhibit into evidence, then the proponent shall file the photograph (said photograph approved by the parties or the court) with the records office not later than five (5) business days after the court proceeding has concluded.

CRITICAL

Accounts for an audit list must be filed at least 30 days before the session when the list will be called.

Accounts to appear on a particular audit list must be filed not later than thirty (30) days preceding the session of Court when the audit list will be called.

CRITICALCivil cases

The petition’s well-pled facts are deemed admitted unless the Respondent files a response specifically denying them by close of court on or before the rule returnable date.

The Respondent is advised the well-pled facts of the Petition shall be deemed admitted unless a response specifically denying same is filed by close of court on or before the rule returnable date as set forth above.

CRITICAL

If a stay request is timely filed, a hearing must be scheduled within 30 days to determine whether the recommended order will be temporary pending trial.

If a request for stay is timely filed, a hearing shall be scheduled within thirty (30) days to determine if the recommended order shall be made a temporary pending trial.

CRITICAL

Custody conciliator conferences must be scheduled no sooner than ten days after an action is filed, except that emergency matters may be scheduled earlier on a standby basis.

All custody matters shall be scheduled for conference before the custody conciliator no sooner that ten (10) days after filing of an action. Emergency matters may be scheduled for an earlier conference on a standby basis.

CRITICALCivil cases

The Local Agency must certify its entire record, or a true and complete copy, within 20 days after receiving the Writ of Certiorari.

Upon the filing of any appeal requiring the Local Agency to certify and return to the Court the record made before it in the matter under appeal, the Prothonotary or Clerk shall forthwith, as of course, send to the Local Agency whose decision or action has been appealed, by registered or certified mail, a copy of the Notice of Appeal, together with a Writ of Certiorari commanding the said Local Agency, within twenty (20) days after receipt thereof, to certify to the Court its entire record in the matter in which the appeal has been taken, or a true and complete copy thereof, including any transcript of testimony available to the Local Agency at the time it receives the Writ of Certiorari.

CRITICAL

A specifically denying answer must be filed by the close of court on the Rule to Show Cause return date to avoid admission of the petition’s well-pled facts.

Each rule shall notify respondents that well pled facts of the petition will be admitted unless an answer specifically denying the same is filed by the close of court on the return date of the rule.

CRITICAL

A person possessing an original testamentary writing of an incapacitated person must file it with the Clerk no later than the deadline for filing the guardian’s inventory.

A person who possesses an original testamentary writing of an incapacitated person shall file it with the Clerk no later than by the time the guardian’s inventory is required to be filed.

CRITICAL

Deadline

10 business days

Objections to requests for separate listings must be filed within ten business days after the request is filed.

Objections to requests for separate listings shall be filed within ten (10) business days of the filing of the request for separate listing.

CRITICALCivil cases

For preliminary objections not covered by subparagraph (2), the objecting party must file its brief and a praecipe for determination within 20 days after filing the objections.

(1) Except for preliminary objections subject to subparagraph (2) below, a brief and praecipe for determination in the form described in C.C.R.C.P. 206.6 must be filed by the objecting party within twenty (20) days of the filing of the preliminary objections.

CRITICALCivil cases

The prothonotary must give both parties written notice of the re-taxation, and either party may appeal to the court within five days thereafter.

The prothonotary shall give written notice of the re-taxation to both parties, from which either party may appeal to the court within five (5) days thereafter,

CRITICAL

Within five days after filing, the moving party must file a separate service certification in the prescribed form.

Within five (5) days of such filing, the moving party shall file with the Prothonotary a separate document certifying such service in the form prescribed by C.C.R.C.P. 206.3

CRITICAL

The Parenting Coordinator must file the Summary and Recommendations and a Praecipe for Determination within 5 days of service.

The Parenting Coordinator shall file their Summary and Recommendation(s) and a Praecipe for Determination within (5) days of service.

CRITICAL

The Commonwealth's attorney and the defendant must submit any sentencing memorandum to the court at least five days before the sentencing hearing.

The attorney for the Commonwealth and defendant shall submit any sentencing memorandum to the court and opposing counsel at least five (5) days in advance of the sentencing hearing.

CRITICAL

A Rule to Show Cause issued on the petition must have a return date no earlier than 20 days later.

Upon filing of the petition, the Family Court Administrator is authorized to issue, per curiam, a Rule to Show Cause why the prayer of the said petition should not be granted, returnable in not less than twenty (20) days.

CRITICALCivil cases

Other parties must file any response and their briefs within 20 days after the motion is filed.

All other parties shall file their responses, if any, to the motion and their briefs, in accordance with C.C.R.C.P.210, within twenty (20) days of the filing of the motion

WARNINGCivil cases

If the objecting party has not filed a praecipe within 20 days after filing preliminary objections, another party may file one to bring the objections before the court, without filing a brief with that praecipe.

If the party filing the preliminary objections has failed to file a praecipe for determination within twenty (20) days of the filing of the preliminary objections, any other party may file a praecipe for determination to bring the objections before the court, in which event no brief shall be required to be filed with the praecipe.

WARNING

After 3:00 p.m., a temporary PFA petition may be filed before the on-call District Justice within the county because the Court is deemed unavailable.

The Court shall be deemed unavailable after 3:00 p.m. during which time a Petition for Temporary Protection from Abuse may be filed before the on-call District Justice within the county who may grant relief in accordance with 23 Pa.C.S. § 6110.

WARNINGCivil cases

When the preliminary objections properly assert facts not otherwise of record and include a notice to plead, no praecipe or brief is required until the matter is ready for submission to the court.

(2) Where the preliminary objections properly assert facts not otherwise of record and the preliminary objections have been endorsed with a notice to plead, no praecipe for determination nor brief shall be required until the matter is ready to be submitted to the court, either upon the basis of the preliminary objections alone, if no answer has been filed, or upon the basis of the preliminary objections and answers thereto, or after a record has been developed pursuant to Pa.R.C.P. 1028(c)(2).

WARNING

If the appellant misses the filing deadline, including any court extension, the appellee may file a praecipe for determination without a brief, and the court may treat the appellant as having abandoned their position.

If appellant fails to file a brief and praecipe for determination within the time set forth in subsection (a), or within the time extended by the court, then appellee may, without filing a brief, file a praecipe for determination and the court may consider appellant to have abandoned his position.

WARNINGCivil cases

The Board is automatically a party unless it declines in writing; an eligible taxing authority or property owner may join by filing an appearance within 30 days after service of notice.

The Board shall automatically be a party to an appeal unless it specifically declines that status in writing. Any taxing authority or property owner entitled to be notified of an appeal may become a party to the proceedings by filing an entry of appearance within thirty (30) days of service of such notice.

WARNING

If the proposed order is not submitted within 10 days, the Court may order the transcript on its own initiative and assess its costs to the parties.

In the event a proposed order is not submitted within ten (10) days, the Court may, sua sponte, order the transcript and assess costs to the parties.

WARNING

The clerk must give all parties 30 days’ notice of intended termination by publishing legal notice in the county’s legal newspaper.

and shall give thirty (30) days’ notice of intention of termination to all parties as provided by Pa.R.J.A. 1901(c)(2) by publishing legal notice in the legal newspaper of the county.

WARNING

The court may, in its discretion, extend the time to file briefs.

The court, in its discretion, may extend the time for filing of briefs.

WARNING

A schedule of distribution is approved if no objections are filed within 20 days after it is filed.

If no objections are filed within twenty (20) days after the filing of the schedule, it will be approved.

WARNING

Pre-trial and settlement memorandums should be filed no later than five (5) days before the scheduled conference.

Pre-trial and settlement memorandums should be filed no later than five (5) days before the scheduled conference.

WARNING

After 3:00 p.m., a temporary PFA petition may be filed before the on-call District Justice because the Court is deemed unavailable.

The Court shall be deemed unavailable after 3:00 p.m. during which time a Petition for Temporary Protection from Abuse may be filed before the on-call District Justice who may grant relief in accordance with 23 Pa.C.S. § 6110.

WARNING

If the adverse party has not executed the certificate after 15 days, the moving party may certify the matter as an active case.

If after fifteen (15) days the adverse party fails to execute this certificate, the moving party may certify the matter as an active case.

WARNING

If the intermediary’s or investigator’s report is not filed within four months after the report of intention to adopt is filed or the investigator is appointed, the court may, on a party’s motion or on its own initiative, require the intermediary or investigator to show cause for the delay.

(6)(i) If the report of the intermediary or the investigator is not filed within four (4) months of the filing of the Report of Intention to Adopt (or the appointment of the investigator), the Court, on motion of any party or on its own initiative, may issue a rule upon the intermediary or investigator to appear and show cause why the report has not been filed.

WARNING

If the Hearing Officer makes a recommendation, the parties have ten days to request argument before the Court.

At the conclusion of the argument or within a reasonable time, the Hearing Officer may make a recommendation and advise the parties they have ten (10) days in which to request an argument before the Court.

WARNING

Motions in limine brought at jury selection or filed late may be denied, and the issues raised may be deemed waived.

Motions in limine brought to jury selection or in violation of the above time requirements may be denied as unreasonably late and any issues raised therein deemed waived.

WARNING

PFA petitions cannot be filed with the Court on days it is closed, including listed holidays and Winter or Summer conference days.

The Court deems itself unavailable for the filing of Protection from Abuse Petitions on those days the Court is closed for any reason including Court holidays as published on the official holiday schedule including those days designated as Floating Holidays and those days during which the Court's Winter and Summer conference is scheduled.

WARNING

The clerk of courts must list qualifying inactive proceedings at least twice each year, in January and June.

The clerk of courts shall list, by district court number, at least bi-annually (January and June) of each year all summary or criminal proceedings in the magisterial district courts in which no steps or proceedings have been taken for two years or more prior thereto

WARNING

A pretrial statement must be filed timely, and failure to do so may result in sanctions, including exclusion of trial evidence, fines, or costs.

Failure to comply with the timely filing of a pretrial statement may result in the imposition of sanctions including but not limited to the exclusion of evidence at trial, fines and costs.

WARNING

If the adverse party has not executed the certificate after 15 days, the moving party may certify the matter as an active case.

If after fifteen (15) days the adverse party fails to execute this certificate, the moving party may certify the matter as an active case.

WARNING

Pro se petitioners seeking an advocate may file PFA petitions from 8:30 a.m. to 2:30 p.m. Monday through Friday.

Pro Se Petitioners seeking the assistance of a Domestic Violence Advocate may file Protection from Abuse Petitions between the hours of 8:30 a.m. - 2:30 p.m., Mondays through Fridays.

WARNINGCivil cases

A party may plead additional material by answer or new matter within 30 days after entering an appearance.

However, any party may plead additional material by way of Answer or New Matter, as appropriate, within thirty (30) days of entering an appearance.

WARNING

The Hearing Officer’s report and recommendation must issue after the hearing.

(c) A report and recommendation of the Hearing Officer shall issue at some time after hearing.

WARNING

A rule to show cause with a return date at least 20 days after filing is issued per curiam when presented to the deputy court administrator, family court.

A rule to show cause assigned a return date not sooner than twenty (20) days after the date of filing shall be issued per curiam when presented to the deputy court administrator, family court.

WARNING

Petitioners who do not need clerical assistance may present PFA petitions at 11:00 a.m. and 3:00 p.m. Monday through Friday.

Petitioners not requiring clerical assistance may present Protection from Abuse Petitions at 11:00 a.m. and 3:00 p.m., Mondays through Fridays.

WARNINGCivil cases

If the objecting party files a brief, all other parties may file briefs within 20 days afterward.

If the objecting party does file a brief, all other parties may file briefs within twenty (20) days thereafter.

WARNING

When the Court is unavailable for PFA petition filings, a temporary PFA petition may be filed before the on-call District Justice.

At those times the Court is deemed unavailable for the filing of Protection from Abuse Petitions, a Petition for Temporary Protection from Abuse may be filed before the on-call District Justice who may grant relief in accordance with 23 Pa.C.S. § 6110.

WARNINGCivil cases

If no answer was timely filed, the petitioning party may move to make the rule absolute no earlier than five days after the return date; the court may treat the petition as unopposed and grant the motion as of course.

If no answer has been timely filed, the petitioning party, not less than five (5) days after the rule return date, may move to have the rule made absolute, granting the prayer of the petition, and the Court may consider such petition as unopposed and grant such motion as of course.

WARNING

Motions in limine should be presented at least one week before jury selection.

Motions in limine should be presented at least one (1) week prior to the selection of a jury.

INFO

A petition seeking a stay or other immediate, substantive relief may be presented to the court at any time.

(a) Petitions seeking a stay or other immediate, substantive relief may be presented to the court at any time.

INFO

The notice of intention to withdraw ancillary claims may accompany the notice of intention to transmit the record, and the withdrawal praecipe may then be filed immediately before the praecipe to transmit.

The required notice of intention to file a praecipe to withdraw ancillary claims may be given at the same time as the notice of intention to file a praecipe to transmit the record. The praecipe to withdraw ancillary claims may then be filed immediately prior to the filing of the praecipe to transmit the record.

INFO

The Court’s general practice is to schedule a custody conciliation conference within 90 days after the Complaint or Petition to Modify is filed.

Comment: It is the general practice of this Court to schedule Custody conciliation conferences not later than 90 days from the filing of the Complaint or Petition to Modify.

INFO

A motion to dismiss may be made at any time before oral argument begins and is not subject to C.C.R.C.P. 206.2.

A motion to dismiss may be made at any time prior to commencement of oral argument and are not subject to the requirements of C.C.R.C.P. 206.2.