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

CRITICAL

The Clerk must acknowledge electronically filed papers with their receipt date and time, notify the filer of acceptance or promptly explain rejection, and the filer is expected to correct identified errors before refiling.

Upon receipt of an electronically filed legal paper, the Clerk shall provide the filing party with an acknowledgment of the filing, which shall include the date and time the filing was received by the electronic filing system. The Clerk shall also provide the filing party with notice that the legal paper was accepted for filing. If the legal paper is not accepted for filing, the Clerk shall promptly notify the party presenting the document for filing that it was not accepted and the reason therefor. Any such acknowledgement or notice may be sent via email to the address provided by the filing party. The filing party is expected to correct any errors identified by the Clerk before attempting to refile the legal paper.

CRITICALCivil cases

The adoption petition and required clearances must be filed before termination of parental rights unless good cause is stated in the petition and substantiated at the hearing.

Accordingly, absent good cause stated in the adoption petition and substantiated at the termination of parental rights hearing, the requisite adoption petition and clearances must be filed before termination of parental rights.

WARNINGCivil cases

A legal paper submitted without the required fee may be deemed accepted for filing on the date the payment is received.

If a legal paper is submitted without the requisite fee, it may be deemed to have been accepted for filing as of the date payment is received pursuant to 42 P.S. § 21073(b).

WARNINGCivil cases

If a legal paper is not accepted or is refused by the electronic filing system, the Prothonotary must immediately notify the presenting party of the presentation date, the nonacceptance or refusal, and the 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.

INFOCivil cases

The Prothonotary must notify the filing party when a legal paper is accepted for filing.

The Prothonotary shall also provide the filing party with notice that the legal paper was accepted for filing.

INFOCivil cases

The Prothonotary must immediately stamp each filed paper with its filing date and time and enter the filing in the docket as required by applicable authority.

The Prothonotary shall immediately stamp all papers filed with the date and time of such filings and make an appropriate entry for each filing in the docket pursuant to applicable rules of procedure, statute or Court Order.

INFOCivil cases

Upon receiving a legal paper, the Prothonotary must send the filing party an acknowledgment stating the date and time the electronic filing system received it.

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.

CRITICAL

The constable/respondent must provide a written response within 20 days of notice, or sooner if ordered by the President Judge.

provide written notice to the constable/respondent that he or she must provide to the Deputy Court Administrator a written response to the complaint within 20 days, or less if the President Judge so orders, from the date of such notice.

CRITICALCriminal cases

If an ARD application is made after arraignment, filing it tolls the deadlines, and any remaining time resumes on the date of refusal or revocation.

2. When the application is made after arraignment, filing of the application shall toll the running of the deadlines. Any number of days remaining shall remain and calculations will recommence upon date of refusal or revocation.

CRITICALCivil cases

Accounts must be filed according to the Clerk’s published audit calendar to appear on a particular audit list.

For accounts to appear on a particular audit list, they must be filed in accordance with the audit calendar published by the Clerk.

CRITICALCivil cases

The non-moving party must file a responding brief within 30 days of receiving the moving party's brief.

Within thirty (30) days of receipt of the moving party's brief, the non-moving party shall file a responding brief

CRITICALCivil cases

The objecting party or counsel must schedule a hearing within 20 days after filing an objection, following the petition-practice procedure.

Within twenty (20) days of filing an objection, the objecting party or their attorney shall schedule a hearing thereon following the procedure for petition practice under Erie O.C.R. 3.5.

CRITICALCivil cases

A party seeking to have the Court receive evidence for cause or in its discretion must file a judicial-assignment request with the trial court administrator and present an appropriate motion within 20 days after docketing of the administrative record.

In cases where the Court may receive evidence for cause sho'Nn, or at the discretion of the Court, any party wishing to request that the Court receive evidence, shall file a request for judicial assignment with the trial court administrator and present an appropriate motion to the assigned judge within twenty (20) days after the docketing of the record of the administrative proceeding being reviewed.

CRITICALCivil cases

An order must be filed on the date it is signed.

All orders shall be filed on the date the order is signed.

CRITICALCivil cases

If the last day of a period falls on a County Holiday or a day when the County Courthouse is closed, omit that day from the computation.

Whenever the last day of any such period shall fall on a County Holiday or on any other day when the County Courthouse is closed, such day shall be omitted from the computation.

CRITICALCivil cases

Both parties must file their briefs no later than 10 days before the scheduled argument.

Both parties shall file their briefs no later than ten (10) days prior to the scheduled argument.

CRITICALCriminal cases

The referenced deadline is deemed missed and unavailable unless the court orders otherwise.

deadline shall be deemed missed and unavailable except upon order of the court.

CRITICALCivil cases

The deadline for submitting proposed findings of fact and merits briefs is set by the hearing judge’s schedule, after the evidentiary proceedings close.

In cases in which evidence is received by the Court pursuant to this Rule, all parties shall submit proposed findings offact to the Court, after the close ofthe evidentiary proceedings, along with their respective briefs on the merits of the appeal in accordance with a schedule fixed by the hearing Judge.

CRITICALCivil cases

A response to a contested motion must be filed within 20 days after service of the motion.

With respect to any motion which is contested, a response shall be filed within twenty (20) days after service of the motion.

CRITICALCivil cases

The non-moving party must file a responding brief within 30 days after receiving the motion and supporting brief.

The non-moving party shall file a responding brief within thirty (30) days after receipt of the motion and supporting brief.

CRITICALCivil cases

After filing a timely statement of intention to proceed in response to a proposed-termination notice, the party must file a narrative with the Prothonotary within 14 days, explaining the prosecution delay and limited to three pages.

(1) In any case where a party files a timely statement of intention to proceed in response to a notice of proposed termination, the party seeking to proceed, within 14 days from the filing of the notice of intention to proceed, shall file with the Prothonotary a brief narrative, not to exceed three pages, explaining the reason(s) for the delay in prosecuting the case.

CRITICALCivil cases

A party entitled to a de novo hearing or to supplement the record must request judicial assignment and submit an appropriate motion within 20 days of docketing the appeal.

In cases where a party is entitled, as a matter of right, to have either a de novo evidentiary hearing in this Court, or to supplement the record made in the administrative proceedings, any party so entitled shall request, within twenty (20) days of the docketing of the appeal, judicial assignment and submit an appropriate motion to the assigned judge for hearing.

CRITICALCivil cases

File a demand for a de novo hearing within ten days after the summary and recommendation; otherwise, the temporary order and support office recommendation become a final court order and the trial de novo is canceled.

(f) Ifno demand for a de novo hearing is filed within ten (10) days from the date of the summary and recommendation, the temporary order and support office summary and recommendation shall be made a final order of Court and the trial de novo canceled.

CRITICALCivil cases

If no amended pleading is filed as required, the opposition brief must be filed within 20 days after service of the preliminary objections.

(d) If an amended pleading is not filed in accordance with Pa.R.O.C.P. 3.9(d)(1), a brief in opposition to preliminary objections shall be filed within twenty (20) days of the date of service of the preliminary objections, and copies provided to the assigned judge.

CRITICAL

Deadline

5 business days

Custodians must file the specified exhibits with the appropriate records office within 5 business days after the court proceeding concludes.

Each custodian shall file their documentary exhibits, photographs, and photographs of non- documentary exhibits, with the appropriate records office within 5 business days of conclusion of a court proceeding.

CRITICALCivil cases

In eminent-domain proceedings, the Prothonotary must deposit the funds in a federally insured depository within five days of receipt.

the Prothonotary, 'within five (5) days of receipt of such funds or damages, deposit the same in a federally insured depository in Erie County, Pennsylvania

CRITICALCivil cases

Within 20 days after filing exceptions, the moving party must file a request for argument and proposed order with the Court Administrator.

Within twenty (20) days of filing the exceptions, the moving party shall file their request for argument and proposed Order with the Court Administrator.

CRITICALCivil cases

The objecting party must file its brief within 30 days after filing preliminary objections.

Within thirty (30) days after the filing of preliminary objections, the objecting party shall file a brief and serve a copy ofthe brief upon all counsel of record and unrepresented parties.

CRITICALCivil cases

The non-moving party must file a responding brief within 30 days after receiving the objecting party's brief.

The non-moving party shall file with the Prothonotary's office a responding brief within thirty (30) days of receipt of the objecting party's brief.

CRITICALCivil cases

Points for charge must be submitted before jury selection, but may be supplemented before closing arguments.

Points for charge shall be submitted prior to selection of the jury with the right to supplement them prior to closing arguments.

CRITICALCivil cases

Each party must file a case summary with the Prothonotary at least 7 days before the conference and send a copy to the assigned judge.

At least 7 days prior to the case management conference, each party shall file with the Prothonotary a brief summary of the case, not to exceed three pages, and mail or deliver a copy to the assigned judge.

CRITICALCivil cases

A party opposing a mediation motion must file objections within 10 days after service of the motion.

Any party opposing a motion for mediation shall file their objections within ten (10) days of service of the motion.

CRITICALCivil cases

The answer and opposition brief must be filed within 20 days after service of the motion for judgment on the pleadings.

An answer to motion for judgment on the pleadings and brief in opposition to the motion shall be filed within twenty (20) days of service of the motion for judgment on the pleadings.

CRITICALCriminal cases

If an ARD application is made before arraignment, filing deadlines are preserved and deadline calculations begin on the date of refusal or revocation.

1. When the application is made before arraignment, all filing deadlines are preserved, and calculations shall commence upon date of refusal or revocation.

CRITICALCivil cases

A dissatisfied plaintiff must, within 30 days after notification, file exceptions and move for appointment of an auditor.

Within thirty (30) days after such notification the plaintiff, if dissatisfied with the statement of account filed by the defendant, shall file exceptions thereto and move for the appointment of an auditor to hear and report upon questions of fact and law raised by the exceptions.

CRITICALCivil cases

The Certificate of Arbitrator’s fees is due when the award is entered or when it is determined that the scheduled hearing will not take place.

(a) In each case, at the time of the entry of the Arbitrator's award or upon a determination that a scheduled hearing would not take place, the chairman shall file a Certificate of Arbitrator's fees to indicate the time expended and Arbitrator's fees to be paid.

CRITICALCivil cases

If no judge is assigned when the action commences, a party may request assignment at any time but must do so before filing a petition, praecipe, or motion requiring judicial attention.

If judicial assignment does not occur upon the commencement of the action, a request for judicial assignment may be made at any time, and shall be made prior to the filing ofany petition, praecipe, or motion requiring judicial attention.

CRITICALCivil cases

A defendant ordered to account must state the account and file it with the Prothonotary within 30 days, unless the Court allows more time for cause shown.

When in any action a judgment has been entered directing the defendant to account to the plaintiff, the defendant shall, within thirty (30) days (unless the Court shall for cause shown allow a longer time), state the account and file the statement thereof in the Office of the Prothonotary

CRITICALCriminal cases

A waiver of arraignment must be filed before the scheduled arraignment date to excuse the required appearance.

The defendant and counsel (or a representative of counsel) shall be required to appear at the scheduled time of arraignment unless a waiver is filed. The defendant and counsel may waive appearance at arraignment by the filing of a signed "Waiver of Arraignment and Entry of Appearance" before the scheduled date of arraignment.

CRITICALCivil cases

The pretrial narrative statement and parenting plan are due 10 days before the scheduled hearing date.

(2) A pretrial order will be issued which directs parties to submit a pretrial narrative statement and parenting plan. The pretrial narrative statement and parenting plan is due ten (I 0) days prior to the scheduled hearing date and may be dropped off or mailed to the Custody Conciliation Office at the Erie County Courthouse.

CRITICALCriminal cases

Deadlines for filing motions begin on the date of the scheduled arraignment.

NOTE: Time limits within which motions must be filed will commence the date of your scheduled arraignment.

CRITICALCivil cases

Original exceptions must be timely filed with the Prothonotary, and a time-stamped copy must be delivered to Court Administration within 20 days after filing.

The original exceptions shall be timely filed with the Prothonotary' s office at the Erie County Courthouse. Within twenty (20) days of filing the exceptions, a time stamped copy must be delivered to Court Administration.

CRITICALCivil cases

The petitioning party must file the reinstatement narrative within 14 days after the petition for reinstatement is granted.

In any case reinstated after termination pursuant to Pa.R.Civ.P. 230.2(d), the petitioning party, within 14 days from the granting of the petition for reinstatement, shall file with the Prothonotary a brief narrative, not to exceed three pages, explaining the reason(s) for the delay in prosecuting the case.

CRITICALCivil cases

Unless a statute or Rule of Court specifies a different time, the agency must docket the record with the Prothonotary no later than 30 days after service of the notice of appeal.

Unless a different time is specified by statute, or Rule of Court, it shall be the duty of the administrative agency involved to docket the record of the proceedings before it with the Prothonotary no later than thirty (30) days from service of the notice of appeal upon the tribunal or agency.

CRITICALCivil cases

Unless the order states otherwise, the moving party must immediately file the original of any motion-related order with the Prothonotary after it is issued.

After any order is issued by the Court relating to a motion, whether such order grants or denies the relief requested, schedules argument thereon or deals ,vith any other related matter, and unless the order states otherwise, the moving party shall immediately file the original of said order with the Prothonotary

CRITICALCivil cases

In the specified appeals, request a judge assignment after 20 days from docketing of the administrative record or denial of the motion for additional evidence, whichever is later.

In cases where the Court does not have the prerogative of receiving evidence in lieu of or in supplement to the record made in the administrative proceedings, or in cases where no motion for additional evidence was filed or granted pursuant to paragraph (d) herein, the disposition of appeals shall be by requesting a judge assignment after twenty (20) days of the docketing of the record from the administrative proceeding or after the denial of the motion for additional evidence, whichever is later.

CRITICALCivil cases

Depositions, interrogatory answers, and affidavits supporting or opposing the motion must be filed by the due date of the respective party's brief.

Any depositions, answers to interrogatories or affidavits in support of or in opposition to the motion shall be filed with the Prothonotary not later than the due date of the respective party's brief.

CRITICALCivil cases

A case may not be listed for argument, and a motion requesting a hearing may not be filed, until the administrative record is docketed with the Prothonotary.

No case shall be listed for argument and no motion shall be filed requesting that a hearing be set until the record of the administrative tribunal is docketed with the Prothonotary.

WARNINGCivil cases

A party may file a responsive pleading within five days after receiving the demand for a de novo hearing.

(g) Any party may file a responsive pleading within five (5) days from receipt of the demand for. the de novo hearing.

WARNINGCivil cases

For untimely briefs, the Court may dismiss the exceptions, refuse or limit argument, or grant other appropriate relief.

If the briefs are not timely filed, then the Court may dismiss the exceptions, refuse or limit argument on the exceptions, or enter any other relief deemed appropriate by the Court.

WARNINGCivil cases

1. Close of discovery within 240 days from the issuance of the initial case management order.

1. Close of discovery within 240 days from the issuance of the initial case management order.

WARNINGCivil cases

2. The exchange of expert reports and the filing of any dispositive motions within 30 days from the close of discovery.

2. The exchange of expert reports and the filing of any dispositive motions within 30 days from the close of discovery.

WARNINGCivil cases

3. The filing of Plaintiffs pretrial narrative within 60 days from the close of discovery.

3. The filing of Plaintiffs pretrial narrative within 60 days from the close of discovery.

WARNINGCivil cases

The 30-day responding-brief deadline does not change other filing deadlines imposed on the non-moving party by the Pennsylvania Rules of Civil Procedure.

This deadline does not affect the filing deadlines otherwise imposed upon the non-moving party by the Pennsylvania Rules of Civil Procedure.

WARNINGCivil cases

Each attorney of record and unrepresented party may strike one nominated attorney and return the list to the Prothonotary within five days.

Each attorney of record and unrepresented party may strike off one (1) nominated attorney and return the list to the Prothonotary within five (5) days.

INFOCivil cases

Orphans’ Motion Court is held Monday through Thursday at 9:00 a.m., concurrently with Family Division Motion Court.

(a) Orphans’ Motion Court is held every Monday through Thursday at 9:00 a.m. concurrently with Family Division Motion Court.