Judge Mary D. Walsh Dempsey
Judge • Court of Common Pleas of Lackawanna County, Pennsylvania
Court-wide rules
Applies court-wideCourt of Common Pleas of Lackawanna County, Pennsylvania publishes its filing requirements at the court level rather than per judge, so these 567 rules are what govern this courtroom.
Filing Requirements
All 250- Applies to
- Complaint form
A claimant must complete and submit the attached Language Services Access Complaint Form to make a complaint.
- Applies to
- Ard application
If the defendant is not a first offender or the offense does not qualify for ARD, the application or an amendment must set forth exceptional and compelling reasons to avoid disapproval.
- Applies to
- Ard application
The ARD application must include an executed waiver of Pa.R.Crim.P. 1100.
Service
All 94Transmit a copy of the ARD application to the District Attorney's office within ten days following the preliminary hearing.
- Applies to
- ARD application
After receiving an endorsed ARD application, the applicant or attorney must transmit a copy to the District Attorney.
After a hearing date is set, the District Attorney must notify all parties involved.
Filing Timing
All 90- Deadline
- 48 hours
(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 complaint must be filed within five days after the defendant is released under the specified rule or Pa.R.Crim.P. 130(b).
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.
Formatting
All 37The ARD application must use the 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.
- Format
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.
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