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

CRITICAL

The request for child custody mediation must be filed after an appropriate complaint or petition is filed.

A party who is requesting a child custody mediation conference must file, after filing an appropriate complaint/petition, with the Prothonotary a “Request to Schedule Child Custody Mediation” form, along with the $100.00 filing fee, in accordance with F.C.R. 1915.3.

CRITICAL

A motion for judgment on the pleadings must be presented in Motions Court as a Routine Motion within ten days after the non-moving party’s response is due.

A Motion for Judgment on the Pleadings shall be presented in Motions Court as a Routine Motion within ten (10) days after the date on which a response is due from the non-moving party, accompanied by a proposed order for the Court’s use in setting the date and time for argument.

CRITICAL

A written Bill of Particulars request must be filed within seven days following the arraignment date.

1. to file a request in writing for a Bill of Particulars with the Clerk of Courts and a copy to be served on the District Attorney within seven (7) days following the above listed arraignment date (Pa. Rule of Criminal Procedure 572);

CRITICAL

The moving party must file the original motion, Certificate of Presentation, and attachments in the appropriate office before presenting the motion in Motions Court.

The moving party shall file the original motion, Certificate of Presentation, and any attachments in the appropriate office before presentment in Motions Court.

CRITICAL

A petition for additional compensation does not extend the master’s report-filing deadline.

A petition for additional compensation shall not toll the deadline for the master to file the report.

CRITICAL

If the non-moving party does not timely file an amended pleading, the preliminary objections must be presented in Motions Court within 40 days after filing, accompanied by a proposed order.

In the event an amended pleading is not timely filed by the non-moving party, the preliminary objections shall be presented in Motions Court pursuant to FCR 208.3(a) within forty (40) days of the filing of the preliminary objections, accompanied by a proposed Order.

CRITICAL

Additional hearings must conclude within 30 days of the initial hearing date unless the parties file written consent to an extension or the Court orders one.

Additional hearings before a master shall be concluded within thirty (30) days of the initial date of hearing unless the time is extended by written consent of the parties filed of record in the Prothonotary or by Court Order.

CRITICAL

The deadline for filing a master’s report may be extended only by Court order.

The timeframe for filing a master’s report may be extended only by Court Order.

CRITICAL

During the specified periods or when the assigned PFA Judge is unavailable, an emergency PFA petition must be filed with the Magisterial District Judge for the plaintiff’s district or, if unavailable, the court-ordered Duty Magisterial District Judge.

From 3:00 P.M. each day to the resumption of business at 8:30 A.M. the next morning; from 3:00 P.M. of the last day of the business week to 8:30 A.M. of the first day of the next business week; during any holiday; and at any other time that the assigned PFA Judge is declared to be unavailable, a Petition for Protection from Abuse seeking ex parte emergency relief based upon an allegation of immediate and present danger of abuse to the plaintiff and/or minor children shall be filed with the Magisterial District Judge in the district where the plaintiff lives or, when unavailable, with the court ordered Duty Magisterial District Judge, who may grant relief in accordance with the Act.

CRITICAL

When a defendant is arrested without a warrant for a PFA violation, the criminal complaint must be filed before the preliminary arraignment.

(e) When the defendant has been arrested without a warrant for a PFA violation, a criminal complaint shall be filed against the defendant prior to the preliminary arraignment.

CRITICAL

All other parties must file pre-trial statements with the Prothonotary within 20 days after the original defendants file theirs.

(3) All other parties, within twenty (20) days of the filing of original defendants’ pre-trial statements, shall file their pre-trial statements with the Prothonotary.

CRITICAL

Before presenting a motion in Motions Court, the moving party must file the original motion, Certificate of Presentation, and any attachments with the appropriate filing office.

The moving party shall file the original motion, Certificate of Presentation, and any attachments in the appropriate filing office before presentment in Motions Court.

CRITICAL

If preliminary objections properly raise an issue of fact under the cited rules, the non-moving party must respond within 20 days after service of the objections.

In the event the preliminary objections properly raise an issue of fact under Pa.R.C.P. 1017(a)(4) and Pa.R.C.P. 1028(c)(2) then the non-moving party shall file its response within twenty (20) days after service of the preliminary objections.

CRITICAL

A written motion for pretrial Discovery and Inspection must be filed within fourteen days after the arraignment date.

2. to file a motion with the Court in writing, requesting pretrial Discovery and Inspection and a copy to be served on the District Attorney within fourteen (14) days after the above listed arraignment date (Pa. Rule of Criminal Procedure 573);

CRITICAL

Deadline

5 business days

When a transcript is needed to prepare the report, the master must file the required notice within five business days after the hearing.

If the master requires a transcript to aid in the preparation of the report, the master shall file of record in the Prothonotary a notice within five (5) business days from the date of hearing which identifies the assigned court reporter or transcriptionist and the dates of testimony requested.

CRITICAL

A deposition taken solely for presentation at trial must be completed before trial, and its transcript must be submitted to the Court at least five days before trial or objections are deemed waived.

Any such deposition shall be completed prior to trial and a transcript of the deposition shall be submitted to the Court at least five (5) days prior to trial or all objections will be deemed waived.

CRITICAL

In a contested action, the master must file the record and report within 30 days after the later of receiving the transcript or closing the record.

After conclusion of the hearing, the master shall file the record and the report within (i) twenty days in uncontested actions or (ii) thirty days from the last to occur of the receipt of the transcript by the master or close of the record in contested actions;

CRITICAL

Deadline

5 business days

Unless the court directs otherwise, the custodian must file the specified exhibits and photographs within five business days after the proceeding concludes.

The custodian shall file all documentary exhibits, photographs, and photographs of non-documentary exhibits with the records office within five business days of the conclusion of the court proceeding unless otherwise directed by the court.

CRITICAL

The master must promptly file notice of all hearing dates and continuances with the Prothonotary.

The master shall promptly file notice of all hearing dates and continuances with the Prothonotary.

CRITICAL

Original defendants must file pre-trial statements with the Prothonotary within 20 days after the plaintiffs file theirs.

(2) All original defendants, within twenty (20) days of the filing of the plaintiff’s pre-trial statements, shall file their pre-trial statements with the Prothonotary.

CRITICAL

The defendant must commence Foreclosure Mitigation Counseling within 20 days after being served with the mortgage foreclosure complaint.

The defendant must commence FMC with Southwestern Pennsylvania Legal Services, Inc., within twenty (20) days of being served with a Complaint in Mortgage Foreclosure.

CRITICAL

Deadline

5 business days

The proponent must provide the required photograph within five business days after the proceeding concludes if the exhibits were not submitted during the proceedings.

If not submitted during the court proceedings, the proponent shall provide to the custodian a photograph (no larger in size than 8.5 x 11 inches) of the non-documentary exhibits in lieu of the non-documentary exhibit, within five business days of the conclusion of the court proceeding.

CRITICAL

Except in compulsory arbitration cases, the parties must complete discovery within 240 days after the complaint is filed; discovery afterward requires a court order upon good cause shown.

Except in those cases involving compulsory arbitration, there shall be 240 days from the filing of the complaint in which the parties shall complete discovery. Discovery will not be permitted after the 240 day period except by order of Court upon good cause shown.

CRITICAL

To seek a 90-day stay, the defendant must commence counseling within 20 days after service of the complaint and notice and make an application for the stay.

You are notified that you may seek a 90-day stay in this mortgage foreclosure proceeding if you commence Foreclosure Mitigation Counseling with Southwestern Pennsylvania Legal Services, Inc., within 20 days of being served with the complaint in this action and this notice, and make application for this stay.

CRITICAL

Preliminary objections must be filed within 20 days after service of the challenged pleading.

Any party to any proceeding may file preliminary objections to any pleading pursuant to PA.R.C.P. 1028(a). Such preliminary objections must be filed within twenty (20) days of the service of the pleading to which the moving party is objecting.

CRITICAL

When an arbitration award is appealed, the parties must complete discovery within 60 days after the appeal is filed.

If there is an appeal of the award of arbitrators, this rule shall apply, except that there shall be 60 days from the filing of the appeal in which the parties shall complete discovery.

CRITICAL

A written Omnibus motion requesting other kinds of pretrial relief must be filed within thirty days after the arraignment date.

3. to file an Omnibus motion with the Court in writing requesting all other kinds of pretrial relief and a copy to be served on the District Attorney within thirty (30) days after the above listed arraignment date (Pa. Rules of Criminal Procedure 578 & 579).

CRITICAL

A party must file an objection to a Certificate of Readiness within 20 days of its filing; otherwise, all parties are deemed to agree with its statements.

If a party objects to the Certificate of Readiness as filed by any party, the objecting party is required to file the objection within 20 days; otherwise, all parties will be deemed to be in agreement with the statement contained in the Certificate of Readiness.

CRITICAL

The court reporter or transcriptionist must deliver transcripts to the master within 30 days of the hearing.

The court reporter or transcriptionist shall deliver transcripts to the master within thirty (30) days of the hearing.

CRITICAL

A motion for summary judgment must be presented in Motions Court as a Routine Motion within ten days after a response is due from the non-moving party.

A Motion for Summary Judgment shall be presented in Motions Court as a Routine Motion within ten (10) days after a response is due from the non- moving party, accompanied by a proposed order for the Court’s use in setting the date and time for argument.

CRITICAL

A response to a motion for judgment on the pleadings must be filed within 20 days after service of the motion.

A response to the motion shall be filed within 20 days after service of the same.

CRITICAL

A civil case may be dismissed with prejudice unless action is taken or a statement of intention to proceed is docketed within 60 days after notice or publication.

If no action is taken or no statement of intention to proceed is docketed within sixty (60) days of the notice or of the publication, the Prothonotary shall administratively enter an order as of course dismissing the civil case with prejudice for failure to prosecute.

CRITICAL

An objection to a Certificate of Readiness must be presented forthwith as a priority motion to the assigned judge.

Objections to the Certificate of Readiness shall be presented forthwith as a priority motion to the Judge to whom the case is assigned.

CRITICAL

Plaintiffs must file pre-trial statements with the Prothonotary within 20 days after the 240-day period or its extension.

(1) All plaintiffs, within twenty (20) days after the 240 day period, or the extension thereof, shall file their pre-trial statements with the Prothonotary.

CRITICAL

The arbitration board must file its award with the Prothonotary by noon of the next business day after the hearing concludes.

Each board of arbitration shall file its award in each case with the Prothonotary not later than noon of the next business day after the hearing is concluded.

CRITICAL

A PFA petition seeking temporary relief based on immediate and present danger must be presented directly to the assigned PFA Judge on a business day between 8:30 A.M. and 3:00 P.M.

If the petition seeks temporary relief for protection from abuse and alleges immediate and present danger of abuse to the plaintiff and/or minor children, the same shall be presented directly to the assigned PFA Judge on any business day from 8:30 A.M. through 3:00 P.M.;

CRITICAL

The plaintiff is responsible for obtaining the certified record and filing it with the Prothonotary on the next business day of Court.

The Magisterial District Judge shall advise the plaintiff that the plaintiff is responsible for obtaining the certified record from the Magisterial District Judge and for filing the certified record with the Prothonotary on the next business day of Court.

CRITICAL

A request to be excused from in-person mediation attendance must be submitted to the mediator at least 10 days before mediation.

A person seeking to be excused must submit, no fewer than ten (10) days before the date set for the mediation, a written request to the mediator, simultaneously copying all counsel.

CRITICAL

The mediator must send the assigned judge a report stating whether the case settled within 15 days of mediation.

Within fifteen (15) days of the mediation, the mediator shall send to the assigned judge a mediation report which shall advise that court whether the case has settled.

CRITICAL

In an uncontested action, the master must file the record and report within 20 days after the hearing concludes.

After conclusion of the hearing, the master shall file the record and the report within (i) twenty days in uncontested actions

WARNING

The Prothonotary must forward a copy of the appeal to the assigned judge within fifteen days.

The Prothonotary, within fifteen (15) days, shall forward a copy of the appeal to the judge assigned to that case.

WARNING

An unreasonable or oppressive subpoena may be challenged by application to the Court before its compliance date.

if unreasonable or oppressive, may be quashed on application to the Court at any time before the date specified in the subpoena for compliance therewith.

WARNING

A master who fails to file the report timely may forfeit the fee or face contempt proceedings.

(f) Failure of the master to timely file the report may result in a forfeiture of the master’s fee or contempt proceedings.

INFO

Counsel may file a supplemental pre-trial statement through the time of trial with all parties’ agreement or a court order, provided the filing does not delay trial.

(9) Counsel, upon agreement of all parties, or upon Order of Court, may file a supplemental pre-trial statement up to the time of trial as long as such filing does not delay trial. Supplemental statements may include additional claims for damages, additional damage and/or liability witnesses, expert witnesses, and/or exhibits intended to be used at trial.