Court of Common Pleas of Huntingdon County, Pennsylvania
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements4 rules
(1) All non-documentary exhibits must be photographed by the proponent, converted to a letter sized document (8 1/2 × 11 inches), and appropriately marked and produced during the court proceeding for inclusion in the documentary record.
- Paper size
- Letter
(4) Any digital exhibit that cannot be printed (i.e., audio or video recording) shall be entered into the record on a Universal Serial Bus (USB) flash drive or other court approved format. If one party has multiple digital exhibits, they may be submitted together on one USB flash drive or other court approved format.
The Order to Appear for Central Court must be printed on the judge’s letterhead, signed by the judge, and bear the court seal.
Court's wording
The Order to Appear for Central Court shall be printed on the Magisterial District Judge's letterhead, shall be signed by the Magisterial District Judge and shall have the seal of the Magisterial District Court affixed.
(B) When daily, expedited, same day or rough draft transcripts are available, requests for these transcripts shall be filed in writing in the appropriate filing office at least 10 days prior to the proceeding. Copies of the written request shall be delivered as required by subsection (A). In the event of an emergency, a party may request by oral motion a daily, expedited or rough draft transcript.
- Daily transcript request
- Expedited transcript request
Formatting
- •Requests must be filed in writing in the appropriate filing office
Document Filing Requirements21 rules
(5) Any exhibit containing confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania ("Policy") shall include a Confidential Information Form or Confidential Document Form in compliance with the Policy.
The plaintiff or plaintiff's attorney must complete and file the Initial Case Monitoring Notice and Order.
Court's wording
The Plaintiff/Plaintiff's attorney shall complete and file an Initial Case Monitoring Notice and Order, attached hereto as Exhibit Hunt.Co.R.C.P. 205, within five (5) days after service of the complaint.
The parties shall file not later than ten days before the conference a pre-trial statement in accord with Pa.R.C.P. 212.2.
Plaintiff further certifies that service was made on ___ day of ___ 20.
Include
- •Certificate of service
Items No. 1 and 2 shall be completed by Plaintiff.
To secure a rule to show cause, the original petition shall be submitted to the Court Administrator of Huntingdon County and must be accompanied by a proposed order in the format prescribed by Rule 206.6(c).
- Document
- Petition
Must include
- •Proposed order
3. All motions, except motions for emergency relief, along with a proposed order shall be filed with the Prothonotary along with a praecipe to place the motion on the current argument list.
- Document
- Motion
Must include
- •Proposed order
Each motion must state whether a hearing or argument is requested, the estimated time, and whether discovery is necessary.
Court's wording
2. In addition to the requirements regarding the content of a motion found in Pa.R.C.P. 208.2, all motions shall contain a statement as to whether a hearing or argument is requested and the estimated length of time. Also, there shall be a statement as to whether discovery is necessary.
All preliminary objections shall be accompanied by a proposed order.
- Document
- Preliminary objections
Must include
- •Proposed order
Except as provided in subparagraph 2, all continuance requests shall be submitted in writing on the Central Court Continuance form and shall be submitted to the Office of Court Administration.
- Document
- Continuance request
Must include
- •Central Court Continuance form
The Central Court coordinator shall prepare and serve all parties with notice (Rescheduling Notice) of the new hearing date, time and place.
At the preliminary arraignment the police officer (affiant) shall be given a Notice of Preliminary Hearing.
MDJ Staff must fax the specified case documents to the listed offices, including the Commitment if the defendant is incarcerated.
Court's wording
The MDJ Staff shall fax a copy of the criminal complaint, the affidavit of probable cause, the Preliminary Hearing Notice and Commitment (if the defendant is incarcerated) to the Office of Court Administration, the Office of the District Attorney and the Office of the Public Defender.
At the preliminary arraignment the defendant shall be provided with a Notice of Preliminary Arraignment, a Notice of Preliminary Hearing, a Public Defender Application and a copy of the complaint and affidavit of probable cause.
Subsequently, the docket transcript, criminal complaint and other pertinent documents shall be forwarded to the Clerk of Courts for filing after disposition in Central Court.
(2) upon payment of any balance owed, the court reporter, court recorder or transcriptionist shall deliver the original transcript to the appropriate filing office and copies to the parties.
(A) For an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original request with the appropriate filing office of the court and submit a request with the Court Administrator's office.
The application to waive all or a portion of costs for ordinary transcripts shall be supported by an affidavit substantially in the form required by Rule 240(h) of the Pennsylvania Rules of Civil Procedure.
All motions should include a brief statement of applicable authority.
- Document
- Motion
Should include
- •A brief statement of applicable authority
A motion will be treated as uncontested when the moving party appends to it a certificate that counsel has conferred with all interested parties with respect to the matter and has been affirmatively advised that there are no objections to the relief sought in the proposed order.
Such application should be prepared in the form of a Petition to Waive All or a Portion of the Transcript Costs and filed in the appropriate filing office.
Filing & Service rules
Filing Timing and Cure Windows
When multiple custodians are involved, the custodian at the proceeding's conclusion must file all admitted or rejected exhibits and their index within 5 business days after the proceeding concludes.
The custodian at the conclusion of the proceeding shall file with the Huntingdon County Prothonotary/Clerk of Courts office all admitted or rejected exhibits and an index of the exhibits within 5 business days of the conclusion of the proceeding.
Page 2 | Rule 5102. Custody of Exhibits General Provisions.
When only one custodian is involved, that custodian must file all admitted or rejected exhibits and their index within 5 business days after the proceeding concludes.
(1) If only one custodian is involved with a proceeding, they shall file with the Huntingdon County Prothonotary/Clerk of Courts office all admitted or rejected exhibits and an index of the exhibits within 5 business days of the conclusion of the proceeding.
Page 2 | Rule 5102. Custody of Exhibits General Provisions.
The pre-trial statement must be filed no later than ten days before the conference.
The parties shall file not later than ten days before the conference a pre-trial statement in accord with Pa.R.C.P. 212.2.
Page 2 | Pre-Trial Conferences
The Initial Case Monitoring Notice and Order must be filed within five days after service of the complaint.
The Plaintiff/Plaintiff's attorney shall complete and file an Initial Case Monitoring Notice and Order, attached hereto as Exhibit Hunt.Co.R.C.P. 205, within five (5) days after service of the complaint.
Page 2 | Initial Scheduling Order
This document shall be presented to District Court Administrator within five (5) days after proof of service of the original process is received.
This document shall be presented to District Court Administrator within five (5) days after proof of service of the original process is received.
Page 4 | Initial Case Monitoring Notice and Order
A preliminary hearing for a defendant who is not in custody must be scheduled no later than 21 days after the preliminary arraignment.
no later than 21 days if not in custody
Page 21 | Rule 540. Procedure When a Criminal Complaint is Filed
A preliminary hearing for a defendant in custody must be scheduled no later than 14 days after the preliminary arraignment.
shall not be later than 14 days after the preliminary arraignment if the defendant is in custody
Page 21 | Rule 540. Procedure When a Criminal Complaint is Filed
After disposition in Central Court, the docket transcript, criminal complaint, and other pertinent documents must be forwarded to the Clerk of Courts for filing.
Subsequently, the docket transcript, criminal complaint and other pertinent documents shall be forwarded to the Clerk of Courts for filing after disposition in Central Court.
Page 22 | Rule 543. Procedure At Central Court
Requests for available daily, expedited, same-day, or rough-draft transcripts must be filed in writing at least 10 days before the proceeding, with copies delivered as required by subsection (A); in an emergency, a party may request a daily, expedited, or rough-draft transcript by oral motion.
(B) When daily, expedited, same day or rough draft transcripts are available, requests for these transcripts shall be filed in writing in the appropriate filing office at least 10 days prior to the proceeding. Copies of the written request shall be delivered as required by subsection (A). In the event of an emergency, a party may request by oral motion a daily, expedited or rough draft transcript.
Page 25 | Rule 4007. Requests for Transcripts
If no amended pleading has been filed, any party may file a praecipe to place the preliminary objections on the current argument list after 20 days from service.
After twenty (20) days from service of the preliminary objections, if an amended pleading has not been filed, any party may file a praecipe with the Prothonotary to place the preliminary objections on the current argument list.
Page 12 | Rule 1028(C). Preliminary Objections. Procedure for Disposition
Service and Proof of Service Rules
A copy of the Initial Case Monitoring Notice and Order must be served on the DCA.
A copy shall be served on the DCA.
Page 2 | Initial Scheduling Order
The Plaintiff must immediately serve the order on all other parties or their attorneys and file proof of timely service.
PLAINTIFF SHALL IMMEDIATELY SERVE A COPY OF THIS ORDER UPON ALL OTHER PARTIES OR THEIR ATTORNEYS AND FILE PROOF OF TIMELY SERVICE.
Page 4 | ORDER
Petitioner's counsel must secure service of the pleading in accordance with the Pennsylvania Rules of Civil Procedure.
Counsel for the petitioner shall be responsible for securing service of the pleading in accord with the Pennsylvania Rules of Civil Procedure.
Page 6 | Rule 206.4(C). Issuance of Rule to Show Cause
For a petition seeking a stay or emergency relief, the petitioner must notify opposing counsel or any unrepresented party in advance of the presentation date and time.
If the petition seeks a stay or if there is a demand for emergency relief, petitioner shall notify in advance opposing counsel or any unrepresented party of the date and time of presentation to the Court Administrator.
Page 6 | Rule 206.4(C). Issuance of Rule to Show Cause
Give opposing counsel or any unrepresented party advance notice of the date and time an emergency-relief motion will be presented.
Notice shall be given in advance to opposing counsel or any unrepresented party of the date and time of presentation of any motion for emergency relief.
Page 9 | Rule 208.3(A). Motion Procedure
The Prothonotary will not forward original process to the Sheriff for service unless service copies have been received for every named defendant.
- (h) The Prothonotary shall not forward any matter to the Sheriff for service of original process unless service copies are received for each named Defendant.
Page 10 | Rule 307. Prothonotary
The Central Court coordinator must serve the Rescheduling Notice on all parties.
The Central Court coordinator shall prepare and serve all parties with notice (Rescheduling Notice) of the new hearing date, time and place.
Page 15 | Rule 106. Central Court Continuances
MDJ staff must send the listed hearing documents to the defendant by both certified mail and first-class mail.
The MDJ Staff shall send the defendant, by both certified mail and first class mail, the following:
Page 19 | Rule 510. Notice of Preliminary Hearing
After proceeding with a preliminary hearing in the defendant’s absence without cause, the issuing authority must mail the defendant notice of the hearing’s results by first class mail.
- b. If the issuing authority finds the defendant was absent without cause but received notice, the absence shall be deemed a waiver by the defendant of the right to be present at any further proceedings before the issuing authority. In cases such as these, the issuing authority shall proceed with the case in the same manner as if the defendant was present. Following such cases, the issuing authority shall give the defendant notice by first class mail of the results of the preliminary hearing.
Page 23 | PA Huntingdon Cty. Crim. LR 543
When continuing a preliminary hearing, the issuing authority must give notice of the new date, time, and place as provided in Rule 542(G)(2).
- a. If the issuing authority finds that there was cause explaining the defendant's failure to appear, the issuing authority shall continue the preliminary hearing to a specific date and time, giving notice of the new date, time, and place as provided in Rule 542(G)(2). In this scenario, the issuing authority shall not issue a bench warrant.
Page 23 | PA Huntingdon Cty. Crim. LR 543
Filing Fees and Waivers
After any balance is paid, the original transcript must be delivered to the appropriate filing office and copies to the parties; the final-balance check must be payable to Huntingdon County and delivered to the District Court Administrator.
(2) upon payment of any balance owed, the court reporter, court recorder or transcriptionist shall deliver the original transcript to the appropriate filing office and copies to the parties. Checks for the final balance are to be made payable to Huntingdon County and shall be delivered to the District Court Administrator.
Page 25 | Rule 4007. Requests for Transcripts
A litigant ordering a transcript must pay 50% of the estimated cost as a partial payment, by a deposit check payable to Huntingdon County and delivered to the District Court Administrator.
(1) the litigant ordering a transcript shall make partial payment of 50% of the estimated transcript cost. Deposit checks are to be made payable to Huntingdon County, and shall be delivered to the District Court Administrator.
Page 25 | Rule 4007. Requests for Transcripts
For electronic transcripts requested by a party other than the Commonwealth or its subdivision, the rate is $2.50 per page for ordinary transcripts, $3.50 for expedited, $4.50 for daily, and $6.50 for same-day delivery, with the latter three rates contingent on the court reporter's ability to accommodate.
(1) The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript in an electronic format shall be: (a) for an ordinary transcript, $2.50 per page; (b) for an expedited transcript, $3.50 per page, if the court reporter is able to accommodate; (c) for a daily transcript, $4.50 per page, if the court reporter is able to accommodate; and (d) for same day delivery, $6.50 per page, if the court reporter is able to accommodate.
Page 26 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof
A transcript prepared in bound paper format costs the applicable electronic-format rate plus a $0.25-per-page surcharge.
(2) When the transcript is prepared in bound paper format, the costs shall be in accordance with paragraph (1) relating to electronic format plus a surcharge of $0.25 per page.
Page 26 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof
A copy of a transcript previously ordered, transcribed, and filed of record costs $0.75 per page in bound paper format or $0.50 per page electronically.
A request for a copy of any transcript previously ordered, transcribed and filed of record shall be provided by the appropriate filing office according to the following schedule: (1) $0.75 per page bound, paper format; and, (2) $0.50 per page electronic copy.
Page 26 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof
A waiver of all or part of the costs for an ordinary transcript may be requested.
The application to waive all or a portion of costs for ordinary transcripts shall be supported by an affidavit substantially in the form required by Rule 240(h) of the Pennsylvania Rules of Civil Procedure.
Page 26 | Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof
Pre-Motion Conference Requirements
After the motion is filed and served and any response is filed, any party may file a praecipe to place it on the current argument list.
After the filing and service of a motion for judgment on the pleadings, and any response thereto, any party may file a praecipe with the Prothonotary to place the motion on the current argument list.
Page 13 | Rule 1034(A). Motion for Judgment on the Pleadings. Procedure
After filing and service of a summary judgment motion, the moving party may file a praecipe to place it on the argument list.
After the filing of, and service of a motion for summary judgment, the moving party may file a praecipe with the Prothonotary to place the motion on the argument list.
Page 14 | Rule 1035.2(A). Motion for Summary Judgment. Procedure
Adjournment & Extension Requirements
When a presiding Magisterial District Judge grants a continuance in open court, the judge must inform the Central Court Coordinator which party is responsible for requesting it.
(ii) inform the Central Court Coordinator which party is to be assigned responsibility for requesting the continuance.
Page 15 | Rule 106. Central Court Continuances
When a presiding Magisterial District Judge grants a continuance in open court, the judge must inform the Central Court Coordinator.
(i) inform the Central Court Coordinator of the continuance
Page 15 | Rule 106. Central Court Continuances
The Court of Common Pleas decides whether to grant or deny Central Court continuance requests.
The Court of Common Pleas shall grant or deny all Central Court continuance requests.
Page 15 | Rule 106. Central Court Continuances
Except as provided in subparagraph 2, continuance requests must be submitted in writing on the Central Court Continuance form to the Office of Court Administration.
Except as provided in subparagraph 2, all continuance requests shall be submitted in writing on the Central Court Continuance form and shall be submitted to the Office of Court Administration.
Page 15 | Rule 106. Central Court Continuances
If cause explains the defendant’s failure to appear, the issuing authority must continue the hearing to a specific date and time and give notice of the new date, time, and place.
- a. If the issuing authority finds that there was cause explaining the defendant's failure to appear, the issuing authority shall continue the preliminary hearing to a specific date and time, giving notice of the new date, time, and place as provided in Rule 542(G)(2). In this scenario, the issuing authority shall not issue a bench warrant.
Page 23 | PA Huntingdon Cty. Crim. LR 543
The preliminary-hearing scheduling deadline may be extended for cause shown.
extended for cause shown
Page 21 | Rule 540. Procedure When a Criminal Complaint is Filed
Chambers Communication Rules
In the event of illness or another emergency, a written request to appoint another Central Court judge must be made to the District Court Administrator as soon as possible by hand delivery, fax, or email.
In the event of illness or other emergencies, a written request to appoint another Magisterial District Judge for Central Court shall be made to the District Court Administrator as soon as possible by hand delivery, fax or email.
Page 17 | Rule 131(B). Central Court Overview
A motion seeking emergency relief may be presented directly to the President Judge on any day the court is in session.
6. Motions seeking emergency relief may be presented directly to the President Judge on any day the court is in session.
Page 9 | Rule 208.3(A). Motion Procedure