Court of Common Pleas of Lackawanna County, Pennsylvania
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Brief
- In Accordance with Schedule Set by Court Administrator
Exhibits
- 1 copy • At Trial
Jury Instructions, Voir Dire Questions, Jury Interrogatories
- 2 copies
Adjournments
- A continuance application must be submitted to the assigned judge at least seven days before the first day of the listed hearing or trial term.
Communication
Other Contacts8 contacts
- castellanof@
lackawannacounty.org - marisa.lehr@
pacourts.us - 570-963-6773
- 717-231-3300
- (888) 848-5306 or (202) 307-2768 (TDD)
- (888) 848-5306 or (202) 307-2678 (TDD)
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Document Format Requirements37 rules
The ARD application must be in form provided by the District Attorney's office
Continuance motions made after preparation of the criminal trial list but before the scheduled trial date must be in writing.
Court's wording
Motions for continuances, if made at any time after the criminal trial list has been prepared but prior to the scheduled trial date, shall be in writing and served on the defendant and his counselor the Commonwealth, as the case may be.
The Clerk of Courts must convert submitted hard-copy papers to PDF and add them to the system, and the PDF is treated as the original for all purposes.
- File type
Exception
Those legal papers excluded from electronic filing pursuant to Pa
Court's wording
The Clerk of Courts shall convert such hard-copy legal paper to PDF and add it to the system, except those legal papers excluded from electronic filing pursuant to Pa.R.Crim.P. 576.1(C). Once converted to PDF, the PDF version of the legal paper shall be deemed and treated as the original legal paper and may be used by the parties and the Court for all purposes, including but not limited to, court hearings and trials.
An individual surety must submit an affidavit on the Clerk’s printed form and file it with the bond when the bond is submitted for approval.
Formatting
- •The affidavit must be on the printed form supplied by the Clerk
Court's wording
(a) Individual Sureties. Individuals proposed as sureties on bonds of fiduciaries shall make an affidavit on the printed form supplied by the Clerk, setting forth the facts required thereby. Such affidavit shall be filed together with the bond when that is filed for approval.
Objections to accounts and statements of proposed distribution must be submitted in writing.
Formatting
- •The objection must be in writing
Court's wording
Objections to accounts and/or statements of proposed distribution may be made at any time prior to the day set forth for submission by the Clerk of the account to the Court by filing such objection in writing in the Clerk's office.
Schedule objections must be written, consecutively numbered, and signed; each must specifically identify the description and amount, raise one issue, and briefly state supporting reasons, subject to the stated same-issue grouping exception, and may not raise matters previously raised or that could have been raised earlier.
Court's wording
Such objections may raise questions relating only to the schedule itself and shall in no event raise questions which were or could have been raised previously, by claims, or by objections to the account or petition for adjudication. Objections to schedules shall be in writing, numbered consecutively, signed by the objector or his or her attorney, and each objection shall (1) be specific as to description and amount; (2) raise but one issue of law or fact, but if there are several objections to items included in or omitted from the schedule relating to the same issue, all such objections shall be included in the same objection; and (3) set forth briefly the reason or reasons in support thereof.
All new civil actions are to be filed on 8 1/2 " x 11" paper in the Office of the Clerk of Judicial Records, Lackawanna County Courthouse, 200 N. Washington Avenue, Scranton, PA 18503.
- Paper size
- Letter
All briefs shall be typewritten and printed or otherwise duplicated on 8 \frac{1}{2} by 11 paper
- Paper size
- Letter
- Brief
The pre-trial statement must substantially follow the specified form or another form required by the assigned judge.
Court's wording
For the pre-trial conference, each party shall submit to the court and serve on all other parties at least seven (7) days prior to the scheduled time of the conference, a pre-trial statement substantially in the form set forth in Plaintiff/Defendant Pre-Trial Conference Statement or such other form as shall be required by the assigned judge.
Points to be requested shall be framed so that each constitutes a single request which may be completely answered by a single affirmation or negation.
Any special interrogatories which are to be requested shall also be framed so that each constitutes a single request which may be answered by simple affirmation or negation.
Each settlement offer made pursuant to Pa. R.Civ.P. 238(b) and each response given to such offer shall be in writing and dated.
The required foreclosure diversion notice must use the format set forth in Form 11 of the Appendix.
Court's wording
As a condition precedent to the filing of a motion for judgment on the pleadings in a residential mortgage foreclosure action involving a residential property which serves as the primary residence of the defendant/borrower, the plaintiff/lender must serve upon the defendant/borrower a “Notice of Residential Mortgage Foreclosure Diversion Program” in the format set forth in Form 11 of the Appendix, unless such a Notice has already been served pursuant to Lacka. Co. R.C.P. 1143.
The Notice of Residential Mortgage Foreclosure Diversion Program must use the Form 11 format for the stated stay procedure.
Court's wording
Following the service of the “Notice of Residential Mortgage Foreclosure Diversion Program” in the format prescribed in Form 11 of the Appendix, all proceedings shall be stayed for a period of sixty (60) days in order to afford the defendant/borrower an opportunity to qualify for participation in a court-supervised conciliation conference under Lacka. Co. R.C.P. 1143.1.
The Request for Conciliation Conference must use the format set forth in Form 9 of the Appendix.
Court's wording
(c) If the defendant/borrower in a residential mortgage foreclosure action has taken the affirmative steps identified in the “Notice of Residential Mortgage Foreclosure Diversion Program” to be eligible to participate in a court-supervised conciliation conference under this Rule, the defendant/borrower shall file a Request for Conciliation Conference in the format set forth in Form 9 of the Appendix.
The residential mortgage foreclosure diversion notice must use the format set forth in Form 11 of the Appendix.
Court's wording
(b) As a condition precedent to the filing of a motion for summary judgment in a residential mortgage foreclosure action involving a residential property which serves as the primary residence of the defendant/borrower, the plaintiff/lender must serve upon the defendant/borrower a “Notice of Residential Mortgage Foreclosure Diversion Program” in the format set forth in Form 11 of the Appendix, unless such a Notice has already been served pursuant to Lacka. Co. R.C.P. 1143.
The Request for Conciliation Conference must use the format set forth in Form 9 of the Appendix.
Court's wording
If the defendant/borrower in a residential mortgage foreclosure action has taken the affirmative steps identified in the "Notice of Residential Mortgage Foreclosure Diversion Program" to be eligible to participate in a court-supervised conciliation conference under Lacka. Co. R.C.P. 1143.1, the defendant/borrower shall file a Request for Conciliation Conference in the format set forth in Form 9 of the Appendix.
The Notice of Residential Mortgage Foreclosure Diversion Program must use the format set forth in Form 8 of the Appendix.
Court's wording
In addition to the Civil Cover Sheet bearing the case code designation "RP/MF/RES," the complaint shall include a "Notice of Residential Mortgage Foreclosure Diversion Program" in the format set forth in Form 8 of the Appendix.
The financial worksheet must use the format set forth in Form 14 of the Appendix.
Court's wording
The defendant/borrower shall be entitled to participate in a court-supervised conciliation conference with the plaintiff/borrower in all residential mortgage foreclosure actions in which the defendant/borrower: (i) has been served with a Notice of Residential Mortgage Foreclosure Diversion Program pursuant to Lacka. Co. R.C.P. 205.2(b), 1034(b), 1035.2(b), 1143(a) or 3129.1(c); (ii) has completed a financial worksheet in the format set forth in Form 14 of the Appendix in advance of the Conciliation Conference; and (iii) has filed and served a Request for Conciliation Conference.
The Request for Conciliation Conference must use the format set forth in Form 9 of the Appendix.
Court's wording
(e) If the defendant/borrower in a residential mortgage foreclosure action has taken the affirmative steps identified in the “Notice of Residential Mortgage Foreclosure Diversion Program” to be eligible to participate in a court-supervised conciliation conference, the defendant/borrower shall file a Request for Conciliation Conference in the format set forth in Form 9 of the Appendix.
The Notice of Residential Mortgage Foreclosure Diversion Program must use the format set forth in Form 12 of the Appendix.
Court's wording
which serves as the primary residence of the defendant(s)/borrower(s), and unless the defendant(s)/borrower(s) has already been served with the required “Notice of Residential Mortgage Foreclosure Diversion Program” pursuant to Lacka. Co. R.C.P. 205.2(b), 1034(b), 1035.2(b) or 1143(a), the plaintiff/lender must serve a “Notice of Residential Mortgage Foreclosure Diversion Program” upon the defendant(s)/borrower(s) in the format set forth in Form 12 of the Appendix and file an “Affidavit Pursuant to Lacka. Co. R.C.P. 3129.1” in the format set forth in Form 13 attesting either that: (1) the defendant(s)/borrower(s) has not opted to participate in the “Residential Mortgage Foreclosure Diversion Program;” or (2) the defendant(s)/borrower(s), has participated in a court-supervised conciliation conference, but the residential mortgage foreclosure claim has not been resolved and no further conciliation conferences are scheduled.
The affidavit required by this Rule shall be in the format set forth in Form 13 of the Appendix.
a Case Management Proposal in substantial compliance with Form 15 in the attached Appendix.
(A) All requests for transcripts shall be set forth on the standardized Request for Transcript form available in all filing offices and at the Lackawanna County Court Administration website.
In other cases, a protective-order motion must be written; failing to present it within 15 days of suspension waives the objection and the deposition resumes on reasonable notice.
Court's wording
In all other cases, the motion must be in writing and presented to the Discovery Motions Court Judge as provided in Lacka.Co.R.C.P. 4000 herein except that, upon failure to present such motion within fifteen (15) days of the suspension of the taking of the deposition, the objecting party or deponent will be deemed to have waived the objection whereupon the taking of the deposition shall be resumed on reasonable notice to all interested parties and deponent.
If a deposition is being taken within the Lackawanna County Courthouse and demand is made for its suspension, a motion for a protective order under Pa.R.Civ.P. 4012(b) shall be made immediately to the Discovery Motions Court Judge, if available, in which event the motion may be oral and heard. If the Discovery Motions Court Judge is not available, the motion for a protective order may be oral and shall be presented to the Discovery Motions Court Judge within forty-eight hours of the suspension of the taking of deposition.
(a) The exhibits shall be serially numbered without any designation as to whether they are being offered by plaintiff or defendant.
The exhibits shall be physically marked before trial in accordance with the schedule.
However, you and your attorney must complete a financial worksheet in the format attached hereto so that you will be able to submit a loan resolution proposal to your lender.
The financial worksheet must use the format attached to the notice.
- Financial worksheet
Formatting
- •Use the format attached to the notice
Court's wording
If you are represented by a lawyer, it is not necessary for you to contact one of the housing counseling agencies. However, you and your attorney must complete a financial worksheet in the format attached hereto so that you will be able to submit a loan resolution proposal to your lender.
The court may in its discretion require the parties to submit a pre-trial order in the format contained in former Lacka. Co. R.C.P. 212.1. See Appendix, Form 5.
The original transcript must be delivered to the filing office in paper format.
- File type
- Paper
Court's wording
(5) Upon payment of the total cost of the transcript, the court reporter shall obtain the signature of the presiding judge on the original transcript and deliver the original transcript in paper format to the appropriate filing office. After the original transcript has been delivered to the appropriate filing office, paper and/or electronic copies shall be delivered to the ordering parties.
If you need to refer to a piece of confidential information in a document, use the alternate references. If you need to attach additional pages, sequentially number each alternate reference – i.e. SSN 3, SSN 4, etc.
Formatting
- •Use alternate references when referring to confidential information in a document
(iii) If of adequate size and clarity, this exhibit may be an existing drawing, plan, or blue print.
(ii) In most instances, it will not be necessary that the exhibit be to scale or contain other than reasonably accurate features of the geographical characteristics involved.
Document Filing Requirements250 rules
A claimant must complete and submit the attached Language Services Access Complaint Form to make a complaint.
Court's wording
La persona que tiene la queja (el reclamante) debe comunicarse con Frank Castellano, Esq., Coordinador de Acceso Lingüístico del 45 Distrito Judicial, para presentar su queja, para lo cual deberá llenar y entregar el Formulario de Quejas Sobre Acceso a Servicios Lingüísticos adjunto.
The ARD application must contain the applicant's identifying, educational, employment, offense, record, victim, restitution, and other relevant information.
Court's wording
An application for the ARD program must contain the following: (1) applicant's age; (2) applicant's educational background; (3) applicant's social security number; (4) applicant's operator's license number; (5) applicant's marital status and occupation or place of employment; (6) a statement of all offenses with which the applicant is charged in this and any other jurisdiction; (7) a written statement of the criminal and motor vehicle records of the applicant, if any, and if none, so stating; (8) the name(s) of any victim(s) and nature of injury and damage caused, as well as the amount of restitution owed by the applicant; (9) any other facts which may be relevant to the consideration of the ARD application;
The ARD application must be in form provided by the District Attorney's office and must include an executed waiver of Pa.R.Crin1.P. 1100.
The application must identify the accused's attorney and state that the attorney advised the client of the listed ARD-program terms and the client's written consent.
Court's wording
the name of the attorney for the accused, and a statement that he has advised his client that: (i) acceptance into and satisfactory completion of the program offers applicant an opportunity to earn a dismissal of the charges pending against him; (ii) should applicant fail to complete the program satisfactorily, the Commonwealth may proceed on the charges as provided by Imv; (iii) applicant agrees that, if he is accepted into the program, he waives the appropriate statute of limitations and his right to a speedy trial under applicable federal and state constitutions, statutes, and rules of court during the period enrollment the program; (iv) applicant agrees to abide by whatever conditions are imposed upon him by a judge; (v) the period of the program can range up to two years; and, applicant has read the application and consents to the same as evidenced by written signature;
The application must state the treatment-services appointment date; for DDI or another alcohol-related crime, the appointment must be scheduled before filing.
Court's wording
The appointment date for the treatment services. If the offense is a DDI or any other alcohol related crime, the applicant must have scheduled his or her drug and alcohol treatment services appointment prior to the filing of application, and the date of such appointment must appear in the application.
consent that the District Attorney has reviewed the application and consents to the same.
(1) if the case involves any restitution, a restitution plan must be drawn up plior to the date scheduled for the ARD hearing; and,
(3) If the defendant is not a first offender or if the offense charged does not qualify for ARD treatment, the District Attorney will disapprove the application unless there are exceptional and compelling reasons set forth in the application or in an amendment thereto.
- Document
- Ard application
Include
- •Exceptional and compelling reasons
An application for probation without verdict must contain the listed applicant information and statements, including the applicant's background, charged offense, intent to proceed under Section 17, relevant facts, and statements about eligibility, counsel's advice, and the District Attorney's consent.
Court's wording
(b) Applications probation without verdict shall contain the following: (1 applicant's age place of (2) applicant's educational background; (3) applicant's marital status and occupation or place of employment; (4) statement the offense with which applicant is charged this court; (5) statement to the effect that he desires to proceed in accordance with Section 17 of the Controlled Substance, Drug, Device and Cosmetic Act; (6) a statement to the effect that he has not previously been convicted of an offense under the Act or under a similar act of the United States any state, and that eligible probation without verdict ifhe nolo contendere guilty; (7) any other facts considercd relevant to his application for probation without verdict; (8) a statement to the effect that he has been thoroughly advised by his attorney that probation without verdict shall be available to him only once; that, upon successful completion of the probation, the court shan discharge him and dismiss the proceedings forthwith; that he understands upon violation of or condition of his probation court may enter a judgment and proceed as in any criminal case or may continue the probation without verdict; and, (9) consent to the that the District has the application and consents to same.
The Clerk must file an affidavit with the court stating that the records were expunged and destroyed.
Court's wording
After the Clerk has received the order directing the records to be expunged and destroyed, the Clerk, within thirty (30) days, shall file an affidavit with the court stating that such records have been expunged and destroyed.
(a) Counsel .for the defe . ndant shall file an appearance in all cases in writing in the office of the Clerk at or before the time of arraIgnment.
After the specified preliminary hearing, the issuing authority must provide a written arraignment notice in the prescribed form.
Court's wording
(b) At the conclusion of a preliminary hearing in which a defendant is bound over for action by the Court of Common Pleas, the issuing authority will provide written notices of arraignment in accordance with the following form:
Various other pretrial motions must be combined in one document titled “OMNIBUS PRETRIAL MOTION.”
Court's wording
3. Various other pretrial motions available to me which must be stated in a single document titled "OMNIBUS PRETRIAL MOTION" to be filed and served within THIRTY (30) DAYS following the date of my arraignment pursuant to Pennsylvania Rules of Criminal Procedure 306 and 307.
(1) have attached thereto a proposed order for the fixing of a date and time for a hearing on said motion; and,
- Document
- Omnibus pretrial motion
Include
- •Proposed order
(b) A moving party presenting an omnibus pretrial motion beyond the thirty (30) day period above must so state in his motion and must so advise the court during his presentation.
All plea agreements presented to the court must be in written form with signatures of all parties affixed prior to acceptance.
The official who releases the defendant shall also sign the bail bond witnessing the defendant's signature.
The defendant shall not be released until he or she signs the bail bond. After the defendant signs the bail bond, a copy of the bail bond shall be given to the defendant, and the original shall be included in the record.
~:) ~~e ~ourt ~dministrato~ shall make .available to a defendant and/or his counsel a written guilty plea colloquy form a s a con tam such questIons and be III a form as the court directs.
Bail accepted at the Prison along with the original bail bond shall be forwarded immediately to the office of the Clerk of Judicial Records, Criminal Division.
~b) Tthefcourt sdhall not accept a guilty plea or conduct any oral colloquy if a completed written guilty plea colloquy ~orm IS no 0 recor .
which s~all cite the authority upon which they are based
An owner offering real estate as bail must provide the specified surety affidavit, property and valuation records, current lien search, bond, and proof of judgment entry.
Court's wording
(a) If real estate is offered to satisfy the bail set for a defendant, whether before an issuing authority or the court, the owner of the real estate to qualify as a surety and post the real estate as bail must provide the following to the issuing authority or Clerk of Judicial Records of Lackawanna County: (1) an affidavit of justification of surety; (2) the original deed or a true and correct copy, certified by the Recorder of Deeds from the appropriate county, for the realty being posted showing it is situated within the Commonwealth; (3)(i) if the value of the real estate is to be set by assessed value pursuant to Lacka. Co. R.Crim.P. 4006.3(a), a certificate from the tax assessment office of the county in which the property is located, setting forth a general description of the property, the tax book references, and the assessed valuation of the realty as of the time the bail is requested, or a current tax bill showing the assessed valuation of the realty as of the time the bail is requested; (ii) if the value of the real estate is to be set by appraisal pursuant to Lacka. Co. R.Crim.P. 4006.3(a), a written appraisal by a reputable licensed real estate broker in the county in which the property is situated setting forth a general description of the property and the fair market value as of the time the bail is requested; (4) a lien, judgment, and last owner search, dated not more than two (2) days prior to the posting of the bail, prepared by a reputable title insurance company or an attorney licensed to practice in the Commonwealth of Pennsylvania or, in the case ofreal estate located in Lackawanna County, a reputable local abstractor; (5) a bond in the amount of the bail; and, (6) proof of entry of judgment on and in the amount of the bond in favor of the Commonwealth in the office of the Prothonotary or Clerk of Judicial Records in the county in which the property is situated.
Real estate may be accepted as bail only after the necessary documentation is provided and the issuing authority or Clerk determines its actual net value equals or exceeds the bail amount.
Court's wording
(b) Upon review of the above documents, a determination will be made by the issuing authority or the Clerk whether the actual net value of the realty equals or exceeds the amount of bail. Only after necessary documentation is provided to and such a determination is made by the issuing authority or the Clerk may realty be accepted for bail.
The surety affidavit must provide the listed information under oath from the realty owner.
Court's wording
(b) The affidavit of justification of surety shall require the following information to be given under oath by the owner of realty: (1) his or her name, address, age and occupation; (2) a general description of real estate in the Commonwealth of which he is the owner; (3) a statement of the manner in which he obtained title, or, if the property is located in Lack~wanna C~unty an~ he cannot produce evidence oftitle, the deed book reference of the recording of the instrument by which he obtamed the htle; (4) a statement of all encumbrances, including taxes, upon said real estate and that the realty posted is not subject to any outstanding lien, encumbrances, or agreement not shown in the search required by Lacka. Co. R.Crim.P. 4006.2(a)(4); (5) a statement of all other surety undertakings; (6) a statement of the assessed, market, and rental value of the real estate; and, (7) a statement that he is not contemplating or negotiating the sale of the real estate.
(2) files with the District Attorney and with the Clerk, for the last calendar quarter ending before the date of the application, a report of the sort required to be filed quarterly pursuant to 42 Pa.C.S .A. § 5747; and,
(1) has filed with the Clerk a copy of a currently valid registration and license from the Insurance Department of the Commonwealth of Pennsylvania pursuant to 40 P.S. §§ 831 et seq.;
(1) has filed with the Clerk a copy of a currently valid registration and license from the Insurance Department of the Commonwealth of Pennsylvania, pursuant to 42 Pa.C.S.A. § 5742;
(2) presents proof that he maintains an office in Lackawanna County from which he conducts his business, pursuant to 42 Pa.C.S.A. § 5744; and,
When authorized in writing by the defendant and, if applicable, by any third party surety who posted the deposit the balance of such deposit, whic~ is refundable to the defendant or the third party surety, may be paid to the defend~nt's attorney of record upon the filmg of written authorization with the Clerk.
Counsel and unrepresented parties must include confidential information relevant to the case on the approved AOPC Confidential Information Form.
After mediation, all Interested Parties must sign and file a memorandum stating whether resolution was reached, describing any partial or complete resolutions, and listing unresolved issues; it may provide for future review where appropriate.
Court's wording
(g) Upon completion of mediation, all Interested Parties shall sign a memorandum of principal terms, which either shall acknowledge that no resolution was reached, or shall embody the resolutions attained. This memorandum of principal terms shall clearly state partial resolutions or complete resolution attained. The memorandum of principal terms shall include a list of unresolved issues to be determined by the Court. Where appropriate, the principal terms could provide for future review in light of changed circumstances or a change in the operative facts. The memorandum of principal terms agreed upon, or the statement of no resolution, shall be filed with the Court.
(d) All Interested Parties shall execute an agreement for confidential mediation, which is not inconsistent with this local rule, and which shall remain confidential.
A mediation request must identify the proposed mediator and fee source, participating parties and counsel, any interested party with diminished capacity or a legal disability, and the initial conference date.
Court's wording
(c) In such request for mediation, all Interested Parties shall identify: - (1) The proposed mediator and the proposed source of payment of fees and costs of the mediator; - (2) Names and contact information of all Interested Parties and any counsel who shall participate in the mediation; - (3) Names and information regarding any Interested Party having diminished capacity or a legal disability, whose interests must be adequately protected; and - (4) The scheduled date for the initial mediation conference.
All papers filed in Court or the Clerk’s office must include the matter’s file number, year, and name in the caption.
- Document
- All papers
- Placement
- Caption
Court's wording
The Clerk shall assign to each new matter a file number, starting with No. 1 at the beginning of each calendar year and consecutively thereafter. The file number and year and the name of the matter shall be included in the caption of all papers filed in Court or in the Clerk's office.
Filing & Service rules
Electronic Filing Rules
Orphans Court motions must be sent by email to the stated address on Mondays, Wednesdays, or Fridays.
Orphans Court motions shall be sent to the email address: orphanmotion@lackawannacounty.org on Mondays, Wednesdays and Fridays.
Page 1 | Motion Court
(B) Legal Papers Defined. The legal papers which shall be filed electronically shall encompass all written motions, written answers and any notices or documents for which filings are required or permitted, including orders, exhibits and attachments except for the following: - 1. Legal papers filed or authorized to be filed under seal; - 2. Applications for a search warrant; - 3. Applications for an arrest warrant; - 4. Grand jury materials - 5. Subpoenas; - 6. Wiretap Act, cell phone, tracker and Internet petitions.
(B) Legal Papers Defined. The legal papers which shall be filed electronically shall encompass all written motions, written answers and any notices or documents for which filings are required or permitted, including orders, exhibits and attachments except for the following: - 1. Legal papers filed or authorized to be filed under seal; - 2. Applications for a search warrant; - 3. Applications for an arrest warrant; - 4. Grand jury materials - 5. Subpoenas; - 6. Wiretap Act, cell phone, tracker and Internet petitions.
Page 2 | Rule 576.1(B) Legal Papers Defined
(C) All attorneys shall establish a PACFile account using the United Judicial System of Pennsylvania Web Portal at https://ujsportal.pacourts.us/MyServices.aspx and participation is permissive.
(C) All attorneys shall establish a PACFile account using the United Judicial System of Pennsylvania Web Portal at https://ujsportal.pacourts.us/MyServices.aspx and participation is permissive.
Page 2 | Rule 576.1(C) PACFile Accounts
The Clerk of Courts must accept and retain any legal paper submitted in paper or hard-copy format.
(F) Legal Papers Filed in a Paper Format. Any legal paper submitted for filing to the Clerk of Courts in a paper (or "hard-copy") format shall be accepted by the Clerk of Courts in that format and shall be retained by the Clerk of Courts as may be required by rules of Court and record retention policies.
Page 2 | Rule 576.1(F) Legal Papers Filed in a Paper Format
The Clerk of Courts must accept a legal paper submitted in paper or hard-copy format.
Any legal paper submitted for filing to the Clerk of Courts in a paper (or "hard-copy") format shall be accepted by the Clerk of Courts in that format and
Page 2 | Rule 205. Electronic Filing and Service of Legal Papers. (F) Legal Papers Filed in a Paper Format.
The rule identifies written motions, answers, notices, and other required or permitted filings for electronic filing, with listed exceptions.
The legal Papers which shall be filed electronically shall encompass all written motions, written answers, and any notices or documents for which filings are required or permitted, including orders, copies of exhibits, and attachments except for the following: - 1. Applications for search warrants; - 2. Applications for arrest warrants; - 3. Exhibits offered into evidence, whether or not admitted, in a court proceedings; and - 4. Submissions filed ex parte as authorized by law.
Page 2 | Rule 205. Electronic Filing and Service of Legal Papers. (B) Legal Papers Defined.
Traditional filing must be accepted when an electronic filing cannot be submitted through no fault of the filing party.
Where an electronic filing cannot be submitted to no fault of the filing party, traditional filing shall be accepted.
Page 2 | Rule 205. Electronic Filing and Service of Legal Papers. (E) Service.
All attorneys shall establish a PACFile account using the United Judicial System of Pennsylvania Web Portal at http://ujsportal.pacourts.us/MyServices.aspx
All attorneys shall establish a PACFile account using the United Judicial System of Pennsylvania Web Portal at http://ujsportal.pacourts.us/MyServices.aspx
Page 2 | Rule 205. Electronic Filing and Service of Legal Papers. (C)
All attorneys shall establish a PACFile account using the United Judicial System of Pennsylvania Web Portal at http://ujsportal.pacourts.us/MyServices.aspx and participation is permissive. Parties who are proceeding without counsel are not required to establish a PACFile account and are not required to file legal papers using the electronic PACFile system.
All attorneys shall establish a PACFile account using the United Judicial System of Pennsylvania Web Portal at http://ujsportal.pacourts.us/MyServices.aspx and participation is permissive. Parties who are proceeding without counsel are not required to establish a PACFile account and are not required to file legal papers using the electronic PACFile system.
Page 3 | Rule 1205(C).
New civil actions must be filed on paper at the specified Office of the Clerk of Judicial Records.
All new civil actions are to be filed on 8 1/2 " x 11" paper in the Office of the Clerk of Judicial Records, Lackawanna County Courthouse, 200 N. Washington Avenue, Scranton, PA 18503.
Page 12 | Rule 205.2(a). Pleading Requirements
Attorneys and self-represented parties unable or unwilling to participate electronically may file and serve papers in physical paper format.
Attorney or self-represented parties who are unable or unwilling to participate in electronic filing of documents are permitted to file and serve the legal papers in a physical paper format.
Page 2 | Rule 205. Electronic Filing and Service of Legal Papers. (E) Service.
Self-represented parties are not required to establish a PACFile account or file legal papers electronically through PACFile.
Parties who are proceeding without counsel are not required to establish a PACFile account and are not required to file legal papers using the electronic PACFile system.
Page 2 | Rule 205. Electronic Filing and Service of Legal Papers. (C)
Participation in electronic filing is permissive.
participation is permissive.
Page 2 | Rule 205. Electronic Filing and Service of Legal Papers. (C)
The Clerk must accept paper-format legal papers, retain them, convert them to PDF for the system, and treat the PDF as the original, subject to the stated exception.
Any legal paper submitted for filing to the Clerk of Courts in a paper (or "hard-copy") format shall be accepted by the Clerk of Courts in that format and shall be retained by the Clerk of Courts as may be required by rules of Court and record retention policies. The Clerk of Courts shall convert such hard-copy legal paper to PDF and add it to the system, except those legal papers excluded from electronic filing pursuant to Pa.R.J.C.P. 1205(C). Once converted to PDF, the PDF version of the legal paper shall be deemed and treated as the original legal paper and may be used by the parties and the Court for all purposes, including but not limited to, court hearings and trials.
Page 4 | Rule 1205(F). Legal Papers Filed in a Paper Format.
Electronic filing is authorized, and applicable general court rules and policies continue to govern filings regardless of filing method.
In agreement with the Administrative Office of Pennsylvania Courts, the electronic filing of legal papers in Lackawanna County Court of Common Pleas, 45th Judicial District, is hereby authorized in accordance with Pa.R.Crim.P. 576.1 and this Rule. The applicable general rules of court and court policies that implement the rules shall continue to apply to all filings regardless of the method of filing.
Page 2 | Rule 576.1(A) General Scope and Purpose of this Rule
Attorneys and self-represented parties unable or unwilling to participate in electronic filing may file legal papers in physical paper format.
3. Attorneys or self-represented parties who are unable or unwilling to participate in electronic filing of documents are permitted to file and serve the legal papers in a physical paper format.
Page 2 | Rule 576.1(E) Service
Parties proceeding without counsel are not required to establish a PACFile account or file through the electronic PACFile system.
Parties who are proceeding without counsel are not required to establish a PACFile account and are not required to file legal papers using the electronic PACFile system.
Page 2 | Rule 576.1(C) PACFile Accounts
Electronic filing of legal papers is authorized in Lackawanna County Court of Common Pleas.
In agreement with the Administrative Office of Pennsylvania Courts, the electronic filing of legal papers in Lackawanna County Court of Common Pleas, 45th Judicial District , is hereby authorized in accordance with Pa.R.J.C.P. 205 and this Rule.
Page 2 | Rule 205. Electronic Filing and Service of Legal Papers. (A) General Scope and Purpose of this Rule.
Electronic filing of legal papers is authorized in Lackawanna County under this rule.
In agreement with the Administrative Office of Pennsylvania Courts, the electronic filing of legal papers in Lackawanna County Court of Common Pleas, 45th Judicial District, is hereby authorized in accordance with Pa.R.J.C.P. 1205 and this Rule.
Page 3 | Rule 1205. Electronic Filing and Service of Legal Papers.
The legal Papers which shall be filed electronically shall encompass all written motions, written answers, and any notices or documents for which filings are required or permitted, including orders, copies of exhibits, and attachments except for the following: - 1. Submissions filed ex parte as authorized by law; and - 2. Exhibits offered into evidence, whether or not admitted, in a court proceedings.
The legal Papers which shall be filed electronically shall encompass all written motions, written answers, and any notices or documents for which filings are required or permitted, including orders, copies of exhibits, and attachments except for the following: - 1. Submissions filed ex parte as authorized by law; and - 2. Exhibits offered into evidence, whether or not admitted, in a court proceedings.
Page 3 | Rule 1205(B). Legal Papers Defined.
Filing Timing and Cure Windows
(a) The Lackawanna County Public Defender's Office shall provide an attorney to represent any adult charged with a crime who properly completes a timely application (at least Forty-Eight (48) hours before the first Court proceeding) and is determined to be eligible for free legal services.
(a) The Lackawanna County Public Defender's Office shall provide an attorney to represent any adult charged with a crime who properly completes a timely application (at least Forty-Eight (48) hours before the first Court proceeding) and is determined to be eligible for free legal services.
Criminal cases
Page 8 | Rule 122. Appointment of Counsel
A complaint must be filed within five days after the defendant is released under the specified rule or Pa.R.Crim.P. 130(b).
When a defendant is released pursuant to Pa.R.Crim.P. 130(b) or pursuant to this rule, a complaint shall be filed against the defendant within five (5) days of the defendant's release.
Criminal cases
Page 8 | Rule 130. Procedure in Court Cases Initiated by Arrest Without Warrant
File the ARD application with the Clerk and transmit a copy to the District Attorney within ten days after the preliminary hearing, or the application will be rejected.
A written application for acceptance into the ARD program shall be filed with the Clerk and a copy transmitted to the office of the District Attorney within ten (10) days following the preliminary hearing. Failure to file said application with Clerk transmit copy to District Attorney's within (10) days the preliminary hearing will result in rejection of the ARD application. The ARD application
Criminal cases
Page 9 | Rule 175. Application for Accelerated Rehabilitative Disposition
If counsel is employed after arraignment, the written appearance must be filed immediately.
A WrItten appearance shall be filed immediately if employment follows arraignment.
Criminal cases
Page 16 | Rule 302. Attorneys' Appearances and Withdrawals
Within thirty days after receiving the expungement order, the Clerk must file the affidavit with the court.
After the Clerk has received the order directing the records to be expunged and destroyed, the Clerk, within thirty (30) days, shall file an affidavit with the court stating that such records have been expunged and destroyed.
Criminal cases
Page 16 | Rule 187. Probation Without Verdict
The written appearance must be filed at or before the time of arraignment.
(a) Counsel .for the defe . ndant shall file an appearance in all cases in writing in the office of the Clerk at or before the time of arraIgnment.
Criminal cases
Page 16 | Rule 302. Attorneys' Appearances and Withdrawals
A request for a bill of particulars must be filed within seven days after arraignment.
1. A request for a "BILL OF PARTICULARS" within SEVEN (7) DAYS following the date ofmy arraignment pursuant to Pennsylvania Rules of Criminal Procedure 304.
Criminal cases
Page 18 | Rule 303. Arraignment
A motion for pretrial discovery and inspection must be filed within fourteen days after arraignment.
2. A "MOTION FOR PRETRIAL DISCOVERY AND INSPECTION" within FOURTEEN (14) DAYS following the date of my arraignment pursuant to Pennsylvania Rules of Criminal Procedure 305.
Criminal cases
Page 18 | Rule 303. Arraignment
The omnibus pretrial motion must be filed within 30 days after arraignment.
3. Various other pretrial motions available to me which must be stated in a single document titled "OMNIBUS PRETRIAL MOTION" to be filed and served within THIRTY (30) DAYS following the date of my arraignment pursuant to Pennsylvania Rules of Criminal Procedure 306 and 307.
Criminal cases
Page 19 | Rule 303. Arraignment
After the Court Administrator fixes the hearing date and time and returns the motion, the presenting attorney must file it with the Clerk.
(c) The Court Administrator, after fixing a date and time for hearing, shall return said motion to the presenting attorney who shall then file the same with the Clerk.
Criminal cases
Page 19 | Rule 306. Omnibus Pretrial Motions for Relief
For cases to be called for trial, pretrial motions outside Pa.R.Crim.P. 305 must be filed before the first day of the criminal court term.
Pretrial motions, not within the purview of Pa.R.Crim.P. 305, for cases that are to be called for trial are to filed prior to the first day of the criminal court term.
Criminal cases
Page 20 | Rule 308. Other Pretrial Motions
The moving party must present, file, and serve the omnibus pretrial motion within 30 days after arraignment unless the court extends the time.
(a) The moving party shall present, file, and serve the omnibus pretrial motion within thirty (30) days after arraignment as is provided by Pa.R.Crim.P. 307, unless the time is extended by the court.
Criminal cases
Page 20 | Rule 307. Time for Omnibus Pretrial Motion and Service
Points for charge must be handed to the trial judge as early as possible and, at the latest, before closing statements to the jury begin.
Poi~ts for c~arge: which s~all cite the authority upon which they are based, shall be handed to the trial judge at the earliest posslbl.e tIme and, In no event, will points for charge be received or considered if not handed to the trial judge before the closmg statements to the jury begin.
Criminal cases
Page 22 | Rule 1119· Request for Instructions and Charge to the Jury
Traditional filing must be accepted when an electronic filing cannot be submitted through no fault of the filing party.
4. Where an electronic filing cannot be submitted to no fault of the filing party, traditional filing shall be accepted.
Page 2 | Rule 576.1(E) Service
For notice requirements using “successive weeks,” count calendar weeks, allow publication on any day of each week, leave at least five days between publications, and allow the specified number of weeks between first publication and the event.
- (c) Whenever in any rule or Act of Assembly providing for the publishing of notices, the phrase "successive weeks" is used, weeks shall be construed as calendar weeks. The publication upon any day of such weeks shall be sufficient publication for that week, but at least five days shall elapse between each publication. At least the number of weeks specified in "successive weeks" shall elapse between the first publication and the day for the happening of the event for which publication shall be made.
Page 5 | RULE 1.10(1). COMPUTATION OF TIME
For periods stated in a rule, exclude the first day and include the last day when computing the period.
- (a) When any period of time is referred to in any rule, such period in all cases shall be so computed as to exclude the first and include the last day of such period.
Page 5 | RULE 1.10(1). COMPUTATION OF TIME
If the last day of a period falls on a Saturday, Sunday, or specified legal holiday, omit that day from the computation.
- (b) Whenever the last day of any such period shall fall on a Saturday or Sunday, or on any day made a legal holiday by the laws of this Commonwealth or of the United States, such day shall be omitted from the computation.
Page 5 | RULE 1.10(1). COMPUTATION OF TIME
The Clerk must present the specified annual account statement to the Court no later than March 1, accompanied by each depository’s certificate of account balances.
(c) The Clerk shall, not later than the first day of March of each year, present to the Court a statement on which shall be listed the accounts in all estates or proceedings as to which moneys or securities have been deposited pursuant to this rule, showing the receipts and disbursements, if any, during the preceding calendar year, and the balances, if any, of funds and securities in the respective accounts at the end of the calendar year. This statement shall be accompanied by a certificate of each depository as to the balances of the respective accounts at the end of the preceding calendar year.
Page 6 | RULE 1.13(1). DEPOSITORIES OF THE COURT
Objections to an account or proposed distribution must be filed in writing at the Clerk’s office before the stated submission day.
Objections to accounts and/or statements of proposed distribution may be made at any time prior to the day set forth for submission by the Clerk of the account to the Court by filing such objection in writing in the Clerk's office.
Page 8 | RULE 2.7(1). TIME OF FILING.
Objections to a schedule of distribution must be filed with the Clerk by the twentieth day after the schedule was filed, unless the Court extends the period.
(a) Time of Filing and Content. Objections to schedules of distribution shall be filed with the Clerk and may not be filed later than the twentieth day after the schedule was filed, unless said period of twenty (20) days is extended by the Court.
Page 9 | RULE 2.9(3). OBJECTIONS TO SCHEDULES OF DISTRIBUTION
The fee petition and approval order must be filed with the Clerk before submission to the Court Administrator’s office for payment.
Attorneys, masters, auditors, examiners, trustees in partition, guardians ad litem, or trustees ad litem appointed by the Court, and paid by the County of Lackawanna, shall present a petition to the Court for approval of their fees and file the petition and order approving fees with the Clerk prior to submission to the Court Administrator’s office for payment.
Page 11 | RULE 5.16(1). FEES FROM APPOINTMENTS
A Status Report must be filed within 10 days after written notice of delinquency.
Any party who fails to file a Status Report within ten (10) days after written notice of delinquency shall pay a fee for delinquency to the Clerk in conformity with the fee schedule published by the Court.
Page 13 | RULE 10.6(1). FEE FOR DELINQUENT FILING
Briefs must be furnished to the Court at least 24 hours before argument.
Briefs shall be furnished to the Court and exchanged between counsel at least twenty-four (24) hours prior to the argument.
Page 13
Each party must submit a pre-trial statement to the court at least seven days before the conference.
For the pre-trial conference, each party shall submit to the court and serve on all other parties at least seven (7) days prior to the scheduled time of the conference, a pre-trial statement substantially in the form set forth in Plaintiff/Defendant Pre-Trial Conference Statement or such other form as shall be required by the assigned judge.
Page 19
The jury-trial materials must be filed as directed by the judge or, absent a direction, no later than the day trial begins.
Such materials shall be filed when the judge may direct but in the absence of any specific direction, not later than the day when trial commences.
Page 20 | Rule 212.2. Miscellaneous Instructions Pertaining to Trial
In all non-jury trials, the appropriate waiver of a jury trial shall be executed and filed no later than the day trial commences.
In all non-jury trials, the appropriate waiver of a jury trial shall be executed and filed no later than the day trial commences.
Page 20 | Rule 212.2. Miscellaneous Instructions Pertaining to Trial
A Certificate of Readiness may not be filed until discovery is complete and trial depositions are scheduled or completed.
No Certificate of Readiness may be filed until all discovery in the case has been completed and all depositions for use at trial have been scheduled or completed, nor may a Certificate of Readiness be filed if any case dispositive motion is pending for disposition by the court.
Page 23 | Rule 214. Listing Cases for Hearing or Trial
Counsel must furnish the trial brief before the commencement of trial.
Prior to the commencement of trial, counsel shall furnish the court a trial brief which shall contain a succinct statement of evidence to be presented, the position of the party filing the same with respect to anticipated legal issues to be encountered, and citation of legal authorities relied upon to support the legal positions of the party and to support any requests for rulings which the party anticipates seeking from the court.
Page 28 | Rule 223.1. Trial Briefs
Post-trial motions under Pa. R.Civ.P. 227.1 must be filed within ten days after nonsuit, verdict, or jury disagreement.
All post-trial motions after trial pursuant to Pa. R.Civ.P. 227.1 shall be filed within ten days after nonsuit or verdict or disagreement of the jury.
Page 30 | Rule 227.1. Post-Trial Motions in Jury Trials
Service and Proof of Service Rules
Transmit a copy of the ARD application to the District Attorney's office within ten days following the preliminary hearing.
A written application for acceptance into the ARD program shall be filed with the Clerk and a copy transmitted to the office of the District Attorney within ten (10) days following the preliminary hearing.
Criminal cases
Page 9 | Rule 175. Application for Accelerated Rehabilitative Disposition
After receiving an endorsed ARD application, the applicant or attorney must transmit a copy to the District Attorney.
(a) Upon receipt of an endorsed ARD application, the Clerk shall make the appropriate docket entry, and the applicant or his attorney shall then transmit a copy of the application to the District Attorney.
Criminal cases
Page 13 | Rule 177. Application Process and Notice
After a hearing date is set, the District Attorney must notify all parties involved.
After the hearing date has been set, the District Attorney will then notify all parties involved.
Criminal cases
Page 13 | Rule 177. Application Process and Notice
Continuance motions in the specified pretrial period must be served on the defendant and counsel or the Commonwealth, as applicable.
Motions for continuances, if made at any time after the criminal trial list has been prepared but prior to the scheduled trial date, shall be in writing and served on the defendant and his counselor the Commonwealth, as the case may be.
Criminal cases
Page 16 | Rule 301. Continuances
The omnibus pretrial motion must be served within 30 days after arraignment.
3. Various other pretrial motions available to me which must be stated in a single document titled "OMNIBUS PRETRIAL MOTION" to be filed and served within THIRTY (30) DAYS following the date of my arraignment pursuant to Pennsylvania Rules of Criminal Procedure 306 and 307.
Criminal cases
Page 19 | Rule 303. Arraignment
The moving party must serve the omnibus pretrial motion within 30 days after arraignment unless the court extends the time.
(a) The moving party shall present, file, and serve the omnibus pretrial motion within thirty (30) days after arraignment as is provided by Pa.R.Crim.P. 307, unless the time is extended by the court.
Criminal cases
Page 20 | Rule 307. Time for Omnibus Pretrial Motion and Service
Before a hearing on removal from the approved list, the bondsman or fidelity or surety company must receive at least ten days' notice.
Upon order of the court, after hearing held on not less than ten (10) days notice to the bondsman or fidelity or surety company, the Clerk may remove the name of the bondsman or company from the approved list.
Criminal cases
Page 26 | Rule 4007.1. Corporate Sureties & Bondsmen
Notice of a bail-forfeiture order must be promptly given to the surety and defendant at their last-known addresses by personal service or certified mail.
Notice of such order of forfeiture shall be given forthwith to the surety and the defendant at the last-known addresses either personally or by certified mail.
Criminal cases
Page 28 | Rule 4016. Forfeiture of Bail
Confidential information must be served on and made available to the parties, the Court, and appropriate Court staff under the Public Access Policy.
The Confidential Information shall be served on and made available to the parties to the case, the Court and appropriate Court staff, as provided in the Public Access Policy.
Page 2 | Rule 576.1(G) Confidential Information
For participating account holders, PACFile's electronic notification upon submission satisfies service requirements.
1. Upon submission of a legal paper for electronic filing, the PACFile system shall provide an electronic notification to other parties and attorneys to the case who are participating in electronic filing that the legal paper has been submitted. This notification upon submission shall satisfy the service requirements of Rules 114(B) and 576(B) on any attorney or party who has established a system account.
Page 2 | Rule 576.1(E) Service
Electronic filings must be served under Rules 114(b) and 576(B) on recipients who lack an account or cannot access or use the electronic system.
2. Service of electronic filings on any attorney or party who has not established a UJS web portal account or who is unable to file or receive legal papers electronically or otherwise unable to access the system shall be made by the procedures provided under Rules 114(b) and 576(B).
Page 2 | Rule 576.1(E) Service
Notice of a hearing must be given to all counsel of record and any other persons the Court directs.
Notice of such hearing shall be given to all counsel of record and to such other persons as the Court may direct.
Page 8 | RULE 2.6(4). SUBMISSION TO COURT
Notice of a schedule of distribution must be sent by letter to the last known addresses of affected Interested Parties who have not submitted written approval, no later than the day the schedule is filed.
(a) When Notice Given and Contents Thereof. Notice of filing the schedule of distribution shall be given to all Interested Parties affected thereby who do not submit with it their written approval or the written approval of their attorneys. (b) Time and Method of Notice. Written notice shall be given no later than the day of the filing of the schedule by letter addressed to the last known addresses of all Interested Parties or their attorneys.
Page 9 | RULE 2.9(2). SCHEDULES OF DISTRIBUTION - NOTICE OF FILING, TIME, METHOD, AND RETURN
Notice of objections must be sent by letter to the accountant and affected Interested Parties or their attorneys, no later than the filing day; the accountant’s notice must include a copy of the objections.
(b) Notice of Filing. Notice of filing of objections to the schedule of distribution shall be given to the accountant and to all Interested Parties affected thereby or their attorneys. (c) Time and Method of Notice. Written notice shall be given no later than the day of the filing of the objections to the schedule by letter addressed to the last known address of accountant and all Interested Parties affected thereby or their attorneys. A copy of the objections shall be included with the notice to the accountant or his or her attorney.
Page 10 | RULE 2.9(3). OBJECTIONS TO SCHEDULES OF DISTRIBUTION
At least 20 days’ notice of the petition’s presentation must be given to the listed guardian, minor, parents or substitute caregivers and, when applicable, the minor’s spouse.
Twenty (20) days notice of the presentation of such petition shall be given to the guardian, minor, both parents or surviving parent if whereabouts are known or if both parents are deceased or whereabouts unknown, the adult person with whom the minor resides or the superintendent or other official in charge of the institution having custody of the minor, and in all cases of a married minor, the minor's spouse if the whereabouts of such spouse is known.
Page 10 | RULE 5.6(1). ALLOWANCE OF COUNSEL FEE FROM MINOR'S ESTATE
Notice of the proposed public sale must be advertised weekly for three consecutive weeks in the specified newspaper and a newspaper of general circulation in Lackawanna County.
(a) by advertisement once a week for three consecutive weeks in the “Lackawanna Jurist” and in a newspaper of general circulation in Lackawanna County;
Page 11 | RULE 5.10(1). NOTICE
(b) by personal notice or certified mail to all Interested Parties of the time and place of the proposed sale at least twenty (20) days prior thereto;
(b) by personal notice or certified mail to all Interested Parties of the time and place of the proposed sale at least twenty (20) days prior thereto;
Page 11 | RULE 5.10(1). NOTICE
The auditor or master must notify all parties of record when the report is filed.
An auditor of master shall give notice of the filing of the report to all parties of record.
Page 12 | RULE 9.6(1). NOTICE AND OBJECTIONS
Auditors and masters must give hearing notice at least 20 days in advance to Interested Parties or their attorneys of record, but notice of a succeeding hearing given at a properly noticed hearing is sufficient.
Auditors and masters shall give at least twenty (20) days notice of hearings held by them to all Interested Parties or to their attorneys of record in the manner provided in Pa. O.C. Rule 4.2. Notice of succeeding hearings given by the auditor or master at a hearing of which proper notice had been given shall constitute sufficient notice of each such succeeding hearing.
Page 12 | RULE 9.1(1). NOTICE
Counsel who obtains an argument date must give opposing counsel at least 20 days’ notice.
Counsel obtaining the argument date shall give opposing counsel at least twenty (20) days notice of said argument date.
Page 13
Counsel must exchange briefs at least 24 hours before argument.
Briefs shall be furnished to the Court and exchanged between counsel at least twenty-four (24) hours prior to the argument.
Page 13
PACFile must notify participating parties and attorneys upon submission, and that notification satisfies service on account holders.
Upon submission of a legal paper for electronic filing, the PACFile system shall provide an electronic notification to other parties and attorneys to the case who are participating in electronic filing that the legal paper has been submitted. This notification upon submission shall satisfy the service requirements of Rules 167(B) and 345(B) on any attorney or party who has established a system account.
Page 2 | Rule 205. Electronic Filing and Service of Legal Papers. (E) Service.
Electronic filings must be served under Rules 167(B) and 345(B) on persons without a UJS account or unable to access or use the system.
Service of electronic filings on any attorney or party who has not established a UJS web portal account or who is unable to file or receive legal papers electronically or otherwise unable to access the system shall be made by the procedures provided under Rules 167(B) and 345(B).
Page 2 | Rule 205. Electronic Filing and Service of Legal Papers. (E) Service.
Confidential Information must be served on and made available to the parties, the Court, and appropriate Court staff as provided by the Public Access Policy.
The Confidential Information shall be served on and made available to the parties to the case, the Court, and appropriate Court staff, as provided in the Public Access Policy.
Page 3 | Rule 205. Electronic Filing and Service of Legal Papers.
PACFile electronically notifies participating parties and attorneys upon submission, and that notice satisfies service requirements for account holders.
Upon submission of a legal paper for electronic filing, the PACFile system shall provide an electronic notification to other parties and attorneys to the case who are participating in electronic filing that the legal paper has been submitted. This notification upon submission shall satisfy the service requirements of Rules 1167(B) and 1345(B) on any attorney or party who has established a system account.
Page 4 | Rule 1205(E)(1). Service.
Electronic filings must be served under Rules 1167(B) and 1345(B) on parties without an account or unable to access the electronic system.
Service of electronic filings on any attorney or party who has not established a UJS web portal account or who is unable to file or receive legal papers electronically or otherwise unable to access the system shall be made by the procedures provided under Rules 1167(B) and 1345(B).
Page 4 | Rule 1205(E)(2). Service.
Copies of the petition and rule to show cause must be served on all counsel and unrepresented parties in accordance with the cited rules.
Following presentment of the petition to the Motions Court judge, the petitioner shall proceed pursuant to Lacka. Co. R.C.P. 211 and secure a rule returnable date and a hearing date, if necessary, from the Court Administrator and shall thereafter file the original petition and rule to show cause with the Clerk of Judicial Records, with copies of the same being served upon all counsel and unrepresented parties in accordance with the Pennsylvania Rules of Civil Procedure and Lacka. Co. R.C.P. 440.
Page 14 | Rule 206.4(c). Issuance of Rule to Show Cause
A moving party must serve counsel and unrepresented parties with the motion and notice of its presentation date at least three business days beforehand, excluding Saturdays, Sundays, and holidays.
A party seeking relief from the court by way of motion shall serve all counsel and unrepresented parties with a copy of the motion, together with notice that the motion will be presented to the court on a date certain, at least (3) business days (excluding Saturdays, Sundays and holidays) prior to the date of presentation.
Page 15 | Rule 208.3(a). Motion Procedure
If counsel considers a transcript necessary for just disposition of a matter to be argued, counsel must serve written notice on the court reporters’ office and all other parties as soon as practicable and no later than five days after filing the motion or petition.
If in the opinion of counsel for any party a transcription of the testimony or of a prior court proceeding is necessary for the just disposition of a matter to be argued to the court or to an individual judge of the court, that counsel shall serve upon the office of the court reporters and upon all other parties to the action a written notification that such transcription shall be required. Such notice shall be provided as soon as practicable and, in any event, not later than five (5) days after the filing of motion or petition which is to be argued.
Page 16 | Rule 210.1. Transcription Required for Argument
Filing Fees and Waivers
(D) Applicable filing fees shall be paid electronically through procedures established by the Clerk of Court and at the same time and in the same amount as required by statute, court rule or order, or established by a published fee schedule.
(D) Applicable filing fees shall be paid electronically through procedures established by the Clerk of Court and at the same time and in the same amount as required by statute, court rule or order, or established by a published fee schedule.
Page 2 | Rule 576.1(D) Applicable filing fees
A party who misses the Status Report deadline after written notice of delinquency must pay the Clerk a fee under the Court’s published fee schedule.
Any party who fails to file a Status Report within ten (10) days after written notice of delinquency shall pay a fee for delinquency to the Clerk in conformity with the fee schedule published by the Court.
Page 13 | RULE 10.6(1). FEE FOR DELINQUENT FILING
Applicable filing fees shall be paid electronically through procedures established by the Clerk of Court and at the same time and in the same amount as required by statute, court rule, or order, or established by a published fee schedule.
Applicable filing fees shall be paid electronically through procedures established by the Clerk of Court and at the same time and in the same amount as required by statute, court rule, or order, or established by a published fee schedule.
Page 2 | Rule 205. Electronic Filing and Service of Legal Papers. (D)
(d) The right to apply for leave to proceed in forma pauperis shall likewise be available to parties in any civil action commenced before the minor judiciary. Applications in such cases shall be brought to the presiding District Justice for disposition in the manner set forth in subparagraph (a) above.
(d) The right to apply for leave to proceed in forma pauperis shall likewise be available to parties in any civil action commenced before the minor judiciary. Applications in such cases shall be brought to the presiding District Justice for disposition in the manner set forth in subparagraph (a) above.
Page 32 | Rule 240. Proceeding in Forma Pauperis in Civil Cases
The stenographer provides an estimate for the original transcript and one copy; transcription begins after at least half the fee is received, but the original cannot be filed and a copy cannot be delivered until full payment.
The court stenographer will then provide counsel for the moving party with an estimate of the transcript fee for an original and one copy. Upon receipt of at least one half of said transcript fee, transcription will commence. However, filing of the original transcript deliver of a copy to counsel shall not be made until full payment is made.
Page 34 | Rule 263. Ordering of Transcripts
When an appellate filing fee is required in addition to the Common Pleas fee, it must be paid by separate check or money order payable to the appellate court’s prothonotary, and the Clerk must forward it.
When an appeal is brought by filing a notice of appeal in the office of the Clerk of Judicial Records and for which a filing fee is required by the Court of Common Pleas of Lackawanna County and an additional filing fee is required by the appellate court to be collected by the Clerk of Judicial Records of Lackawanna County, such appellate court filing fee shall be paid a separate check or money order made payable to the prothonotary of the appellate court involved. It shall be the obligation of the Clerk of Judicial Records to forward said filing fee to the appellate court, consistent with the Pennsylvania Rules of Appellate Procedure.
Page 36 | Rule 290. Appellate Court Filing Fees
A party requesting a stenographic record must pay the court-set stenographer's appearance fee when submitting the request.
and shall at the time of submission of such request pay a fee in the amount set by the court, which fee shall be considered the stenographer's appearance fee.
Page 59 | Arbitration
Parties requesting an arbitration transcript must compensate the stenographer at the court-prescribed rate.
All parties requesting a transcript of the record shall compensate the stenographer at the rate prescribed by the court.
Page 59 | Arbitration
Transcript payments must be made by cash, cashier's check, money order, or law firm check payable to Lackawanna County at the designated Clerk of Judicial Records office; personal checks are not accepted.
(2) The party requesting a transcript shall make payment by cash, cashier's check, money order, or law firm check made payable to Lackawanna County at the designated office of the Clerk of Judicial Records. No personal checks are accepted.
Page 76 | Rule 4007. Requests for Transcripts
A transcript requester must pay a non-refundable deposit equal to 100% of the estimated transcript cost.
(1) The party requesting a transcript shall obtain from the court reporter the estimated total cost of the transcript and make a non-refundable deposit payment in the amount of 100% of the estimated total cost of the transcript. The court reporter shall also notify the Clerk of Judicial Records of the estimated total cost of the transcript.
Page 76 | Rule 4007. Requests for Transcripts
Costs for qualifying ordinary transcripts must be waived for a litigant who is permitted to proceed in forma pauperis or whose income is below 125 percent of the current HHS poverty line.
Transcript costs for ordinary transcripts in matters under appeal or where the transcript is necessary to advance the litigation shall be waived for a litigant who has been permitted by the court to proceed in forma pauperis or whose income is less than 125 percent of the poverty line as defined by the U.S. Department of Health and Human Services (HHS) poverty guidelines for the current year
Page 78 | Rule 4008
Costs for qualifying ordinary transcripts must be reduced by half for a litigant whose income is below 200 percent of the current HHS poverty line.
Transcript costs for ordinary transcripts in matters under appeal or where the transcript is necessary to advance the litigation shall be reduced by one-half for a litigant whose income is less than 200 percent of the poverty line as defined by the HHS poverty guidelines for the current year.
Page 78 | Rule 4008
The requesting party or party required to file a transcript is responsible for its cost, but court-initiated transcript costs cannot be assessed against a party.
(1) Assignment of Costs. The requesting party, or party required by general rule to file a transcript, shall be responsible for the cost of the transcript. Costs shall not be assessed against any party for transcripts prepared at the initiation of the court.
Page 79 | Assignment and Allocation of Transcript Costs
When multiple parties request or are required to file a transcript, its cost must be divided equally among them.
(2) Allocation of Costs. When more than one party requests the transcript, or are required by general rule to file the transcript, the cost shall be divided equally among the parties.
Page 79 | Assignment and Allocation of Transcript Costs
A party represented by counsel who certifies the plaintiff's indigence, court-appointed counsel, or qualifying nonprofit legal-services counsel may apply to proceed in forma pauperis.
(a) Any party who is represented by counsel who certifies on the application or by separate document that the plaintiff is indigent, or any party who is represented by court-appointed counsel or by counsel furnished from the non-profit legal services organizations providing free legal services to the indigent, may apply to the court for leave to proceed in forma pauperis.
Page 31 | Rule 240. Proceeding in Forma Pauperis in Civil Cases
Parties eligible to seek in forma pauperis status may also apply for relief from special or unusual expenses, but not costs related to filing or service of process.
(c) Parties eligible to apply for leave to proceed in forma pauperis, as set forth in subsection (a) above, may also apply to the court for relief from payment of special or unusual expenses, i.e., those costs not related to filing and service of process.
Page 32 | Rule 240. Proceeding in Forma Pauperis in Civil Cases
Even when counsel is permitted to photocopy a transcript in an emergency, counsel must pay the court reporter's copy rate.
Only in an emergency situation may counsel be permitted to photocopy a transcript, but the court reporter still must be paid the copy rate since counsel is not entitled to a free transcript indirectly off the court reporter's services and since counsel cannot receive a free transcript directly from the reporter.
Page 34 | Rule 262. Court Records (Transcripts)
When the court or county is responsible for transcript costs, the transcript must be prepared without requiring a deposit.
When a transcript is requested for which the court or county is responsible for the cost, the court reporter, court recorder or transcriptionist shall prepare the transcript without the necessity of a deposit.
Page 77
The maximum cost for an expedited transcript is $3.75 per page in paper format or $3.50 per page in electronic format, except for the Commonwealth and its subdivisions.
The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript shall not exceed: (b) For an expedited transcript in paper format, $3.75 per page, or $3.50 for an electronic format;
Page 78 | Rule 4008
The maximum cost for a transcript with same-day delivery is $6.75 per page in paper format or $6.50 per page in electronic format, except for the Commonwealth and its subdivisions.
The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript shall not exceed: (d) For same day delivery in paper format, $6.75 per page, or $6.50 for an electronic format.
Page 78 | Rule 4008
The maximum cost for an ordinary transcript is $2.75 per page in paper format or $2.50 per page in electronic format, except for the Commonwealth and its subdivisions.
The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript shall not exceed: (a) For an ordinary transcript in paper format, $2.75 per page, or $2.50 for an electronic format;
Page 78 | Rule 4008
The maximum cost for a daily transcript is $4.75 per page in paper format or $4.50 per page in electronic format, except for the Commonwealth and its subdivisions.
The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript shall not exceed: (c) For a daily transcript in paper format, $4.75 per page, or $4.50 for an electronic format;
Page 78 | Rule 4008
An electronic copy of a previously filed transcript costs $0.50 per page.
(b) $0.50 per page electronic copy.
Page 79 | Copies of Transcript
The court may waive specified transcript costs for parties who qualify based on economic hardship and show good cause.
(3) Transcript costs for ordinary transcripts in matters that are not subject to an appeal, where the transcript is not necessary to advance the litigation, or for expedited, daily, rough draft or same day transcripts may be waived at the court's discretion for parties who qualify for economic hardship under subdivision (B)(1) or (B)(2) and upon good cause shown.
Page 79 | Transcript Costs
A bound paper copy of a previously filed transcript costs $0.75 per page.
(a) $0.75 per page bound, paper format;
Page 79 | Copies of Transcript
The presiding judge may impose a reasonable transcript surcharge of up to $0.50 per page in specified complex cases when court reporters must significantly expand their dictionary.
(1) The presiding judge may impose a reasonable surcharge not to exceed $0.50 per page in cases such as mass tort, asbestos, medical malpractice, or other unusually complex litigation, where there is a need for court reporters to significantly expand their dictionary.
Page 79 | Additional Costs
The cost payable by the Commonwealth or its subdivision for an expedited paper transcript cannot exceed $2.35 per page.
(b) For an expedited transcript in paper format, $2.35 per page.
Page 80 | Transcript Costs Payable by the Commonwealth or a Subdivision Thereof
The cost payable by the Commonwealth or its subdivision for a Central Court/Grand Jury paper transcript cannot exceed $3.00 per page.
(e) For a Central Court/Grand Jury transcript in paper format, $3.00 per page.
Page 80 | Transcript Costs Payable by the Commonwealth or a Subdivision Thereof
Courtesy Copy Requirements
A copy of each party’s brief must be provided to the assigned judge according to the Court Administrator’s schedule.
The original of a party's brief shall be filed with the Clerk of Judicial Records and copies shall be provided to the assigned judge and all opposing counsel in accordance with the schedule set by the Court Administrator.
Page 17 | Rule 211. Disposition of Motions and Petitions
The specified jury-trial materials must be submitted in duplicate at chambers.
In all jury trials, requests for instructions to the jury, together with citations to legal authorities in support thereof, proposed voir dire questions, and jury interrogatories shall be submitted in duplicate at chambers.
Page 20 | Rule 212.2. Miscellaneous Instructions Pertaining to Trial
At trial, counsel must furnish the judge with a copy of each exhibit.
(d) At trial, counsel shall furnish a copy of each exhibit to the judge.
Page 96 | Exhibits
Sealing & Redaction Procedures
Counsel and unrepresented parties must adhere to the Public Access Policy of the Unified Judicial System of Pennsylvania and refrain from including confidential information in legal papers filed with the Clerk of Courts or the Court whether filed electronically or in paper format.
Counsel and unrepresented parties must adhere to the Public Access Policy of the Unified Judicial System of Pennsylvania and refrain from including confidential information in legal papers filed with the Clerk of Courts or the Court whether filed electronically or in paper format.
Page 2 | Rule 576.1(G) Confidential Information
The Confidential Information Form and any additional pages must remain confidential, but are available to the parties, counsel of record, the court, and the custodian.
This form, and any additional pages, shall remain confidential, except that it shall be available to the parties, counsel of record, the court, and the custodian.
Page 6 | CONFIDENTIAL INFORMATION FORM
Parties and the attorney of record may access the Confidential Information Form, and its information must remain confidential.
NOTE: Parties and attorney of record in a case will have access to this Confidential Information Form. Confidentiality of this information must be maintained.
Page 7 | CONFIDENTIAL INFORMATION FORM
The listed personal and financial information must not appear in court-filed documents except on a Confidential Information Form filed at the same time; specified exceptions apply to active account numbers, minors charged as criminal defendants, and an abuse victim's name.
The following information is confidential and shall not be included in any document filed with a court or custodian, except on a Confidential Information Form filed contemporaneously with the document: - 1. Social Security Numbers - 2. Financial Account Numbers, except an active financial account number may be identified by the last four digits when the financial account is the subject of the case and cannot otherwise be identified. "Financial Account Numbers" include financial institution account numbers, debit and credit card numbers, and methods of authentication used to secure accounts such as personal identification numbers, user names and passwords. - 3. Driver License Numbers - 4. State Identification (SID) Numbers - 5. Minors' names and dates of birth except when a minor is charged as a defendant in a criminal matter (see 42 Pa.C.S. § 6355). "Minor" is a person under the age of eighteen. - 6. Abuse victim's address and other contact information, including employer's name, address and work schedule, in family court actions as defined by Pa.R.C.P. No. 1931(a), except for victim's name. "Abuse Victim" is a person for whom a protection order has been granted by a court pursuant to Pa.R.C.P. No. 1901 et seq. and 23 Pa.C.S. § 6101 et seq. or Pa.R.C.P. No. 1951 et seq. and 42 Pa.C.S § 62A01 et seq. If necessary, this information must be provided on the separate Abuse Victim Addendum. Please note there are separate instructions for the completion of the Addendum located on the form.
Page 9 | Instructions for Completing the Confidential Information Form
Do not include confidential information in any other document filed under the docket.
Do not include confidential information in any other document filed with the court under this docket.
Page 9 | Instructions for Completing the Confidential Information Form
Provide the Abuse Victim Addendum and any additional pages only to the court; they must remain confidential.
This addendum, and any additional pages, shall only be provided to the court and shall remain confidential.
Page 10 | Abuse Victim Addendum
The form is public, but attached documents are not publicly accessible unless a court orders otherwise; they are available to the parties, counsel of record, the court, and the custodian.
This form shall be accessible to the public, however the documents attached will not be publicly accessible, except as ordered by a court. The documents attached will be available to the parties, counsel of record, the court, and the custodian.
Page 12 | CONFIDENTIAL DOCUMENT FORM
For a document that fails to comply with the policy, the court may on motion or on its own initiative, with or without a hearing, order sealing, redaction, amendment, or a combination, and may impose sanctions including compliance-preparation costs.
If a filed document fails to comply with the requirements of the above referenced policy, a court may, upon motion or its own initiative, with or without a hearing, order the filed document sealed, redacted, amended or any combination thereof. A court may impose sanctions, including costs necessary to prepare a compliant document for filing in accordance with applicable authority.
Page 9 | Instructions for Completing the Confidential Information Form
The instructions recommend not providing confidential information to the court and limit provision to information required by law, ordered by the court, or otherwise necessary to resolve the matter.
The best way to protect confidential information is not to provide it to the court. Therefore, only provide confidential information to the court when it is required by law, ordered by the court or is otherwise necessary to effect the disposition of a matter.
Page 9 | Instructions for Completing the Confidential Information Form
THIS FORM IS CONFIDENTIAL
THIS FORM IS CONFIDENTIAL
Page 11 | Abuse Victim Addendum
If a filed document does not comply with the policy, the court may, on motion or on its own initiative and with or without a hearing, order it sealed, redacted, amended, or subject to a combination of those remedies.
If a filed document fails to comply with the above referenced policy, a court may, upon motion or its own initiative, with or without a hearing, order the filed document sealed, redacted, amended or any combination thereof.
Page 13 | Instructions for Completing the Confidential Document Form
Pre-Motion Conference Requirements
Before filing a Praecipe for Assignment, the moving or petitioning party must contact counsel for all other parties of record to ask whether an opposing party or lawyer wishes to present oral argument.
Prior to filing a Praecipe of Assignment, the moving or petitioning party shall contact counsel for all other parties of record to determine whether an opposing party or lawyer wishes to present oral argument.
Page 17 | Rule 211. Disposition of Motions and Petitions
A plaintiff seeking peremptory judgment in mandamus must proceed by motion and comply with the notice provision of Lacka. Co. R.C.P. 206.1(c), unless urgency requires action before notice can reasonably be given.
A plaintiff in an action in mandamus seeking a peremptory judgment shall do so by motion and in compliance with the notice provision of Lacka. Co. R.C.P. 206.1(c), unless the urgency of the case is such as to require action before notice can reasonably be given.
Page 52 | Rule 1098. Peremptory Judgment in Actions in Mandamus
Where practicable, the moving party must try to resolve matters with opposing counsel before initiating the omnibus-motion procedure.
(Comment: Certain matters which may be presented by way of an omnibus motion are often subject to amicable resolution. Where practicable, the moving party must attempt to resolve such matters with opposing counsel before instituting the procedure above.)
Criminal cases
Page 19 | Rule 306. Omnibus Pretrial Motions for Relief
The Court Administrator assigns motions and petitions to judges on a rotating basis and establishes the parties’ briefing schedule.
The Court Administrator shall assign motions and petitions to the judges of the court on a rotating basis and shall establish a briefing schedule for the parties.
Page 17 | Rule 211. Disposition of Motions and Petitions
After a complaint is filed, the parties may request a preliminary pretrial settlement conference by written request if they agree the case may settle and intend to avoid ordinary pretrial procedures; a judge may also direct a conference or order participation.
After a complaint alone has been filed or after a complaint and answer have been filed all parties may request a preliminary pre-trial settlement conference if it is the consensus of the parties that the case may be settled as a result of such a conference, and it is the intention of the parties to avoid ordinary pretrial procedures leading to the filing of a certificate of readiness. The parties may request such a settlement conference by submitting a written request to the Court Administrator who shall assign it to the Settlement Master for a settlement conference. In addition, any judge may direct the Court Administrator to assign a particular case to the Settlement Master for a pre-trial settlement conference, or may issue an order directing the parties in a case to participate in a pre-trial settlement conference before the Settlement Master.
Page 18 | Rule 212. Pre-Trial Procedure and Settlement Conference
An instruction by counsel to a witness that the witness shall not answer a question shall be sufficient basis for other counsel to suspend the deposition and present the question for resolution under Lacka. Co. R.C.P. 4012. Every reasonable effort shall be made to resolve the matter under Lacka. Co. R.C.P. 4012 during the deposition.
An instruction by counsel to a witness that the witness shall not answer a question shall be sufficient basis for other counsel to suspend the deposition and present the question for resolution under Lacka. Co. R.C.P. 4012. Every reasonable effort shall be made to resolve the matter under Lacka. Co. R.C.P. 4012 during the deposition.
Page 82 | Lacka. Co. R.C.P. 4017.1
Adjournment & Extension Requirements
A continuance request made after preparation of the criminal trial list but before the scheduled trial date is subject to the stated procedural requirements.
Motions for continuances, if made at any time after the criminal trial list has been prepared but prior to the scheduled trial date, shall be in writing and served on the defendant and his counselor the Commonwealth, as the case may be.
Criminal cases
Page 16 | Rule 301. Continuances
Arraignment must occur within ten days after the indictment or information is filed unless the court postpones it for cause shown.
(a) Arraignment shall take place no later than ten (10) days after the indictment or information has been filed, unless otherwise postponed by the court for cause shown.
Criminal cases
Page 17 | Rule 303. Arraignment
Mediation does not delay required pleading filings, ordered return dates, or court hearings unless all Interested Parties jointly request a delay and the Court orders it.
(e) Mediation shall not delay the required filing of any Pleading or ordered return dates, or the scheduling of Court Hearings, unless specifically requested by joinder of the Interested Parties and so ordered by the Court.
Page 4 | RULE 1.6(1). MEDIATION
A case listed for argument may be continued only upon a showing of good cause satisfactory to the court.
No case listed for argument will be continued except for good cause shown to the satisfaction of the court.
Page 18 | Rule 211. Disposition of Motions and Petitions
A continuance application must be submitted to the assigned judge at least seven days before the first day of the listed hearing or trial term.
An application for continuance of a hearing or trial must be submitted to the assigned judge at least seven (7) days before the first day of the hearing or trial term for which the case is listed.
Page 26 | Lacka. Co. R.C.P. 216
An extension application to join an additional defendant must be made by motion, verified when it alleges facts not appearing of record; the court may act immediately on presentation.
Application to the court for an extension of time in which to file a praecipe or complaint to join an additional defendant shall be by motion, duly verified, if facts not appearing of record are averred. The court, if it so chooses, may act upon said motion immediately upon its presentation.
Page 67 | Rule 2253. Extension of Time Limits to Join Additional Defendants
Motion court scheduled for a legal holiday is postponed to the next regular motion-hearing day.
Motion court due to be held on a legal holiday will be postponed to the next regular day of hearing motions.
Page 10 | Rule 172. Holidays
The assigned judge may grant additional time to file briefs.
The judge to whom the matter has been assigned may grant additional time for the filing of briefs or may require supplemental briefing by the parties.
Page 17 | Rule 211. Disposition of Motions and Petitions
The judge has discretion to grant or deny a continuance after considering timeliness, prejudice, the stated reasons, and other relevant factors.
The grant or denial of an application for continuance shall be in the discretion of the judge giving due consideration to the timeliness of the application, any prejudice to the opposing party or counsel, the reasons offered for the continuance, and any other factors deemed relevant by the judge.
Page 26 | Lacka. Co. R.C.P. 216
A continuance application must rely on grounds set forth in Pa. R.Civ.P. 216.
The grounds for continuance shall be those set forth in Pa. R.Civ.P. 216.
Page 26 | Lacka. Co. R.C.P. 216
A time prescribed by these rules for an act may be extended or shortened by written agreement of the parties or court order.
The time prescribed by any rule herein for the doing of any act may be extended or shortened by written agreement of the parties or by order of court.
Page 32 | Rule 248. Modification of Time
The court may allow the defendant more than thirty days to state and file the account for cause shown.
(a) Time for filing Account. When 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 Clerk of Judicial Records, and shall at the same time serve a copy of said account upon all adverse parties to whom the defendant has been ordered to account.
Page 46 | Rule 1021. Claims for Relief-Accounting
Chambers Communication Rules
If the claimant believes the local coordinator did not adequately address the complaint, the claimant must contact the AOPC Courts Access Coordinator; phone, fax, and email contact details are provided.
Si el reclamante cree que sus inquietudes o quejas no han sido resueltos o tratadas adecuadamente por el Coordinador de Acceso Lingüístico del 45 Distrito Judicial, el reclamante deberá comunicarse con el Coordinador de Acceso a los Tribunales en la Oficina Administrativa de Tribunales de Pennsylvania (AOPC, por sus siglas en inglés.) Información de contacto: Marisa Lehr., P.O. Box 61260 Harrisburg, PA 17106, teléfono: 717-231-3300 fax: 717-231-3327, correo marisa.lehr@pacourts.us.
Page 1 | Adjunto A – Procedimiento de queja y formulario
A claimant must contact the 45th Judicial District Language Access Coordinator to submit a complaint; phone, fax, and email contact details are provided.
La persona que tiene la queja (el reclamante) debe comunicarse con Frank Castellano, Esq., Coordinador de Acceso Lingüístico del 45 Distrito Judicial, para presentar su queja, para lo cual deberá llenar y entregar el Formulario de Quejas Sobre Acceso a Servicios Lingüísticos adjunto. Información de contacto: Frank Castellano, Esq. 123 Wyoming Avenue, Scranton PA 18503, número de teléfono 570-963-6773, numero de fax 570-963-6477, correo electrónico castellanof@lackawannacounty.org
Page 1 | Adjunto A – Procedimiento de queja y formulario
An actively practicing attorney must immediately notify the Court Administrator of a change in practice or association status.
Upon any change in his or her status of practicing or being associated with any other lawyer, he or she shall immediately notify the Court Administrator of such change.
Page 57 | Rule 1301. Arbitration
For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, contact the Court Administration Office at 570-963-6773. All arrangements must be made seventy-two (72) hours prior to any hearing or business before the Court.
For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, contact the Court Administration Office at 570-963-6773. All arrangements must be made seventy-two (72) hours prior to any hearing or business before the Court.
Page 2 | Americans With Disabilities Act
The completed accommodation request form may be emailed to the ADA Coordinator at the listed email address.
To request a reasonable accommodation, please complete the Request for Reasonable Accommodation Form and return it to: Frank P. Castellano, Esq., District Court Administrator/ADA Coordinator, Lackawanna County Courthouse, 200 North Washington Avenue, Scranton, Pa. 18503; email to: castellanof@lackawannacounty.org; or fax to (570) 963-6477.
Page 3 | AMERICANS WITH DISABILITIES ACT (TITLE II) POLICY
A claimant may contact the U.S. Department of Justice at any stage of the complaint process; phone numbers are provided.
El reclamante también puede comunicarse con el Departamento de Justicia de los Estados Unidos, en cualquier etapa durante el proceso. Información de contacto: Sección Federal de Coordinación y Cumplimiento de la Ley, División de Derechos Civiles, Departamento de Justicia de EE.UU., 950 Pennsylvania Avenue NW, Washington, D.C. 20530; (888) 848-5306 o (202) 307-2768 (TDD)
Page 1 | Adjunto A – Procedimiento de queja y formulario
A complaint may be directed to the Coordinator for Court Access using the listed contact information.
Contact the Coordinator for Court Access at the Administrative Office of Pennsylvania Courts (AOPC). Marisa Lehr, Esq. P.O. Box 61260 Harrisburg, PA 17106-1260 phone: 717-231-3300, fax: 717-231-3327 marisa.lehr@pacourts.us
Page 3 | How Can I Make a Complaint?
A complainant may contact the United States Department of Justice at any time during the complaint process using the provided telephone numbers.
The complainant may also, at any time in this process, contact the United States Department of Justice. Contact information: Federal Coordination and Compliance Section, Civil Rights Division, United States Department of Justice, 950 Pennsylvania Avenue NW, Washington, D.C. 20530, (888) 848-5306 or (202) 307-2678 (TDD).
Page 1 | Attachment A - Complaint Procedure and Form
The person with the complaint (the complainant) should contact Frank Castellano, Esq., Judicial District Language Access Coordinator to report the complaint by completing and submitting the attached Language Access Complaint Form. Contact information: Frank Castellano, Esq. 200 North Washington Avenue, Scranton, PA 18503, telephone number 570-963-6773, fax number 570-963-6477, email address castellanof@lackawannacounty.org
The person with the complaint (the complainant) should contact Frank Castellano, Esq., Judicial District Language Access Coordinator to report the complaint by completing and submitting the attached Language Access Complaint Form. Contact information: Frank Castellano, Esq. 200 North Washington Avenue, Scranton, PA 18503, telephone number 570-963-6773, fax number 570-963-6477, email address castellanof@lackawannacounty.org
Page 1 | Attachment A - Complaint Procedure and Form
If the district language access coordinator has not adequately addressed or resolved the complainant’s concerns, the complainant should contact the AOPC Coordinator for Court Access using the provided contact information.
If the complainant does not believe that their concerns have been adequately addressed or resolved with the 45th Judicial District language access coordinator, the complainant should contact the Coordinator for Court Access at the Administrative Office of the Pennsylvania Courts, (AOPC). Contact information: Marisa Lehr, Esq., P.O. Box 61260 Harrisburg, PA 17106-1260 phone: 717.231.3300, fax: 717.231.3327, marisa.lehr@pacourts.us.
Page 1 | Attachment A - Complaint Procedure and Form
A complaint may be made by giving the form to a court employee.
Give this form to a court employee.
Page 3 | How Can I Make a Complaint?
A complaint may be made by contacting the Coordinator for Court Access by phone at 717-231-3300.
contact the Coordinator for Court Access at the Administrative Office of the Pennsylvania Courts, (AOPC). Contact information: Marisa Lehr, Esq., P.O. Box 61260 Harrisburg, PA 17106-1260 phone: 717.231.3300, fax: 717.231.3327, marisa.lehr@pacourts.us.
Page 3 | How Can I Make a Complaint?