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

CRITICALCivil cases

The brief must be submitted with the motion unless the scheduling order directs otherwise.

A brief shall be submitted contemporaneously with the motion or as directed in the scheduling order.

CRITICALCivil cases

A petition for a rule to show cause must be filed with the Prothonotary before it is presented to the Court.

As with all other pleadings, a petition for a rule to show cause must be filed with Prothonotary prior to being presented to the Court.

CRITICALCivil cases

File a petition with the Prothonotary before presenting it to the Court, and include a proposed order scheduling the hearing.

Petitions shall be filed with the Prothonotary before being presented to the Court and shall include a proposed order of court for scheduling the hearing.

WARNINGCivil cases

Argument on the motion is scheduled after filing without a praecipe for argument.

Argument on the motion shall be scheduled after filing as a matter of course and without the necessity of filing a praecipe for argument.

INFOCivil cases

Personal presentment is not required.

Personal presentment is not required.

CRITICALCivil cases

The opposing party must file an answer or reply brief within 20 days after service of the motion, unless a court order modifies the response deadline.

The opposing party shall file an answer or submit a reply brief to the motion within 20 days after service of the motion unless the time for filing the response is modified by court order.

CRITICALCivil cases

A transcript may not be filed or delivered to a party until its invoice is paid in full.

The transcript shall not be filed nor a copy delivered to any party until the invoice is paid in full.

CRITICALCivil cases

Deadline

2 business days

A motion first submitted by facsimile or other electronic transmission must be filed of record within two business days.

Any motion initially submitted by facsimile or other electronic transmission must be filed of record within two (2) business days thereafter.

CRITICALCivil cases

When one custodian is involved, all submitted exhibits and the exhibit index must be filed with the appropriate records office within five business days after the proceeding concludes.

(a) If only one custodian is involved with a proceeding, they shall file with the appropriate records office (Prothonotary/Clerk of Courts or Orphan’s Court) all submitted exhibits and index of exhibits within five (5) business days of the conclusion of the proceeding.

CRITICALCivil cases

Deadline

2 business days

A petition initially submitted by facsimile or other electronic transmission must be filed of record within two business days.

Any petition initially submitted by facsimile or other electronic transmission must be filed of record within two (2) business days thereafter.

CRITICALCivil cases

Applies to

Pretrial statement

Each party must file a pre-trial statement with the Prothonotary at least 10 days before the pre-trial conference and serve other counsel of record or any self-represented litigant.

No less than ten (10) days prior to the date scheduled for the pre-trial conference, each party shall file with the Prothonotary a pre-trial statement containing those items set forth in Pa.R.C.P. 212.2 and serve other counsel of record or self-represented litigant.

CRITICALCivil cases

Arbitrators must hold a hearing within 60 days of appointment unless all parties or their counsel agree to extend the time.

The arbitrators shall hold a hearing within sixty (60) days after their appointment unless the time is extended by agreement of all parties or their counsel.

CRITICALCivil cases

The moving party must submit its brief 14 days before argument.

The moving party shall submit a brief fourteen (14) days in advance of argument

CRITICALCivil cases

The Prothonotary must appoint three arbitrators within 10 days after a party files a praecipe for arbitration.

Within ten (10) days after any party files a praecipe for arbitration, the Prothonotary shall appoint three arbitrators, with the first named to be the chairperson.

CRITICALCivil cases

Any party may appeal to the Court within 30 days after the award is filed.

Within 30 days from the date of filing of an award, any party may appeal to the Court as provided by Pa.R.C.P. 1308.

CRITICALCivil cases

A party served with an adverse party's certificate of readiness has 10 days from service to file exceptions.

Any party or counsel of record who is served with a copy of a certificate of readiness that has been filed by an adverse party shall have ten (10) days from the date of service in which to file exceptions thereto.

CRITICALCivil cases

A party seeking a transcript for a post-trial motion must have it prepared before the motion is argued.

A party filing a post-trial motion who desires a transcript shall cause the transcript or portion thereof to be prepared before the motion is argued.

CRITICALCivil cases

Continuance motions must be filed with the Prothonotary before presentation, but personal presentment is unnecessary.

All continuance motions must be filed with the Prothonotary before being presented to the Court. Personal presentment is not required.

CRITICALCivil cases

The arbitrators must file the award with the Prothonotary within one day after the hearing, unless the parties extend the time.

The arbitrators shall make their award in substantially the form set forth in Pa.R.C.P. 1312 and file it with the Prothonotary within one day after the hearing, unless the time is extended by the parties.

CRITICALCivil cases

When multiple custodians are involved, each custodian must pass the exhibits and index to the next custodian, and the custodian at the proceeding’s conclusion must file them within five business days after it concludes.

(e) If multiple custodians are involved with a proceeding, the first custodian shall provide the subsequent custodian (and so on, if more than two custodians) with the submitted exhibits and index of exhibits. The custodian at the conclusion of the proceeding shall file with the appropriate records office all submitted exhibits and index of exhibits within five (5) business days of the conclusion of the proceeding.

CRITICALCivil cases

The responding party must submit its brief 7 days before argument.

The responding party shall submit a brief seven (7) days in advance of argument.

CRITICALCivil cases

Deadline

2 business days

A motion initially submitted by fax or other electronic submission must be filed of record within two business days.

Any motion initially submitted by facsimile or other electronic submission must be filed of record within two (2) business days thereafter.

WARNINGCivil cases

Applies to

Pretrial statement amendment

A pre-trial statement may be amended up to 30 days before trial, but later amendments require Court approval.

Amendments to a pre-trial statement may be submitted up to 30 days prior to the date trial is to begin and not thereafter unless approved by the Court.

WARNINGCivil cases

Argument must be scheduled for a specific date and time.

Argument shall be scheduled for a time and date certain.