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Court Rules

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

90 rules from official source documents

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Cutoffs and deemed-filed rules

CRITICAL

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.

CRITICAL

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.

CRITICAL

If a party objects and the parties cannot agree, the Proposal must be submitted to the Discovery Motions Court Judge for resolution after appropriate notice.

If a party objects to the Proposal, and the parties are otherwise unable to agree, and upon appropriate notice as outlined in Lacka. Co. R.C.P. 208.2(f), the Proposal shall be submitted to the Discovery Motions Court Judge for resolution.

CRITICAL

The certificate of service must be filed at the same time as the rule to file an affidavit.

(a) A party, who files and serves on another party a rule to file of record an affidavit indicating whether that party is an adult or a minor, shall at the time of filing such rule also file a certificate of service indicating the manner of serve of said rule and the date on which such service was made.

WARNING

A party or lawyer may file no more than one Certificate of Readiness per day.

No Party or lawyer may file more than one Certificate of Readiness on any single day.

WARNING

The Clerk must advertise qualifying accounts for two consecutive weeks beginning on the first Friday of the listed months.

The Clerk shall, commencing on the first Friday of January, March, May, July, September, or November, advertise for two (2) consecutive weeks all accounts filed with the Clerk prior to that day and on or after the last advertisement date.

WARNING

After service of the Form 11 notice, proceedings are stayed for 60 days, after which the plaintiff/lender may proceed to file a motion for judgment on the pleadings.

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. Upon the expiration of that stay period, the plaintiff/lender in such a residential mortgage foreclosure action may proceed to file a motion for judgment on the pleadings in compliance with Lacka. Co. R.C.P. 1034(a).

WARNING

If no counsel or party objects within the 15-day notice period, the Certificate of Readiness may be filed subject to paragraphs (b) and (c).

If no counsel or party objects to the filing of a Certificate of Readiness within that fifteen (15) day period, the Certificate of Readiness may be filed as provided by paragraphs (b) and (c) above.

WARNING

After service of the Form 11 notice, proceedings are stayed for 60 days, after which the plaintiff/lender may proceed to file a motion for summary judgment.

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. Upon the expiration of that stay period, the plaintiff/lender in such a residential mortgage foreclosure action may proceed to file a motion for summary judgment in compliance with Lacka. Co. R.C.P. 1035.2(a).

WARNING

On the last Tuesday of each listed month, the Clerk must submit qualifying advertised accounts and petitions to the Court and prepare a list of accounts requiring a hearing or having an objection.

The Clerk, on the last Tuesday of January, March, May, July, September, and November, shall submit to the Court all advertised accounts and petitions for adjudication, together with the certificate and evidentiary documents, to which no objection has been filed or hearing requested or required. The Court shall audit those accounts and may then confirm the account finally, order a hearing, or enter any adjudication, decree, order, or award directing distribution as law and justice may require. The Clerk shall also, on that date, prepare and deliver to the Court a list of all advertised accounts to which a hearing has been requested or is required or to which any objection has been filed.

WARNING

The Clerk of Judicial Records must endorse the filing date and time on filed papers, and that endorsement may be contradicted only by an affidavit-verified allegation of fraud or mistake.

(a) The Clerk of Judicial Records shall endorse upon all papers filed the date and time of filing the same. No parol evidence shall be received to contradict such endorsement, unless upon an allegation, verified by affidavit, of fraud or mistake.

WARNING

A protracted-case certification or designation motion may be filed after the plaintiff files a complaint and all defense counsel and unrepresented parties enter appearances.

A Certification for Protracted Case Designation (Form 7A) or a motion requesting the designation of a case as a protracted case may be filed following the filing of a complaint by the plaintiff and the entry of appearance by all defense counsel and unrepresented parties pursuant to Pa.R.C.P. 1012(a) and Lacka.Co.R.C.P. 200.1(a).

WARNING

A defendant may petition for an order requiring the plaintiff to give security for costs upon entering an appearance or filing a responsive pleading.

The defendant in any case, upon entering an appearance or upon filing a responsive pleading, may petition for a rule on plaintiff to give security for costs.

INFO

Interested Parties may request mediation by petition at any time while the matter is pending.

(b) All Interested Parties in a matter docketed before the Court may request to engage in mediation at any time during the pendency of the matter by petition before the Court.

INFO

For a qualifying petition involving a minor, the court may act immediately when the petition is presented.

Notwithstanding the provisions of any rule of this court to the contrary, if a petition is presented to the court pursuant to Pa. R.Civ.P. 2039 for the compromise, settlement, or discontinuance of, or distribution of a fund resulting from an action to which a minor is a party, the court, if it so chooses, may act upon said petition immediately upon its presentation.

Filing deadlines

CRITICAL

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.

CRITICAL

The Request for Conciliation Conference must be filed within 60 days after service of the complaint and Notice.

The Request for Conciliation Conference shall be filed with the Clerk of Judicial Records within sixty (60) days of service of the complaint and Notice of Residential Mortgage Foreclosure Diversion Program and shall be served upon counsel for the plaintiff/lender.

CRITICAL

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.

CRITICAL

Exceptions to the auditor’s report must be filed with the auditor within 10 days after notice is received.

Exceptions thereto must be filed with the auditor within ten (10) days after such notice has been received.

CRITICALCriminal cases

If counsel is employed after arraignment, the written appearance must be filed immediately.

A WrItten appearance shall be filed immediately if employment follows arraignment.

CRITICAL

The affidavit must be filed with the Clerk of Judicial Records before a residential property is listed for Sheriff’s Sale.

(d) The affidavit required by Lacka. Co. R.C.P. 3129.1(c) shall be filed with the Clerk of Judicial Records and a copy shall be delivered to the Sheriff’s Office before any residential property may be listed for Sheriff’s Sale.

CRITICAL

The recipient must join the action within twenty days after receiving the notice or the cause of action will be barred.

The notice shall state the court, term, and number of the action, the parties thereto, and its nature, and that the person to whom it is addressed is required to join therein within twenty (20) days after the receipt of such notice or his or her cause of action will be barred and the action will proceed without him or her.

CRITICAL

A real estate tax assessment appeal must be filed with the Clerk of Judicial Records within the statutory time and captioned “Real Estate Tax Assessment Appeal.”

(a) A real estate tax assessment appeal from a decision of the Lackawanna County Board of Assessment Appeals as to the amount of assessment for real estate tax purposes or as to exemption of real estate from payment of real estate taxes shall be captioned “Real Estate Tax Assessment Appeal” and shall be fixed with the Clerk of Judicial Records within the time prescribed by statute.

CRITICAL

A request for a stenographic record of an arbitration hearing is due no later than five days before the hearing.

If a stenographic record of an arbitration hearing is desired by any party, such party shall provide the Court Administrator with a written request for same no later than five (5) days prior to date fixed for the hearing

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICAL

An eligible defendant/borrower must file a Request for Conciliation Conference within 60 days after service of the diversion-program notice.

(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 Request for Conciliation Conference shall be filed with the Clerk of Judicial Records within sixty (60) days of service of the “Notice of Residential Mortgage Foreclosure Diversion Program” and shall be served upon counsel for the plaintiff/lender.

CRITICAL

An intervenor must file proof of service within 10 days after filing the Notice of Intervention.

(d) Intervenor shall file with the Clerk of Judicial Records within ten (10) days of the filing of Notice of Intervention, proof of service of copies thereof consisting of a verified statement (as “verified” is defined in Pa. R.Civ.P. 76) that service was made by certified or registered mail, with the sender’s receipt for certified or registered mail attached thereto.

CRITICAL

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.

CRITICAL

A person without an attorney must contact one of the listed housing counselors within 20 days after receiving the notice to schedule an appointment.

If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact a housing counselor at either the Neighborhood Housing Services of Lackawanna County (570) 558-2490 or the United Neighborhood Centers of Northeastern Pennsylvania (570) 343-8835 to schedule an appointment.

CRITICALCriminal cases

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.

CRITICAL

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 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.

CRITICALCriminal cases

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) 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.

CRITICAL

The arbitration panel must file its findings and any award within seven days after the hearing.

The arbitration panel shall file its findings and award, if any, as well as any written opinion as in its discretion it may choose to submit, within seven days from the conclusion of the hearing in each case.

CRITICAL

After contacting a housing counselor, a person without an attorney must promptly meet with the counselor within 20 days of the telephone contact.

Second, once you have contacted one of the housing counselors, you must promptly meet with that housing counselor within twenty (20) days of your telephone contact with them.

CRITICAL

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.

CRITICAL

The proposed notice form is due no later than 15 days before the class action notice conference.

(c) The proposed form of notice required by Pa. R.Civ.P. 1712(c) must be submitted for approval by the plaintiff to the court and to all named defendants no later than fifteen (15) days prior to the class action notice conference.

CRITICAL

If no objections arrive within 15 days of mailing, the plaintiff must submit the Case Management Proposal to the Discovery Motions Court Judge for approval.

If the plaintiff(s) has not received any objections to the Case Management Proposal within fifteen (15) days of mail, the plaintiff(s) shall submit the Proposal to the Discovery Motions Court Judge for approval.

CRITICAL

The affidavit of service must be filed within five days after service, or as soon thereafter as the signed registered return receipt is returned.

An affidavit of service by registered mail of such notice shall be filed in the office of the Clerk of Judicial Records within five (5) days after service or as soon thereafter as the registered return receipt, signed by the person to whom it is addressed, is returned to the plaintiff.

CRITICAL

Daily, expedited, or same-day transcript requests must be filed at least 10 days before the proceeding, but a later oral-motion request may be accommodated with approval from the presiding judge and court reporter.

(C) A request for daily, expedited, or same-day transcripts shall be filed in the appropriate filing office at least ten (10) days before the scheduled proceeding. Copies of the written request shall be provided as required in paragraph (B) above. A party may request by oral motion a daily, expedited, or same-day transcript after the ten (10) day period. This request will be accommodated upon approval of the presiding judge and the court reporter.

CRITICALCriminal cases

Applies to
Bill of particulars request

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Applies to
Pretrial discovery motion

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.

CRITICALCriminal cases

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.

CRITICAL

Each party of record must file a Pretrial Status Conference Memorandum and serve it on the trial judge at least seven days before the conference.

(b) Each party of record shall file with the Clerk of Judicial Records, a Pretrial Status Conference Memorandum and serve a copy thereof on the trial judge at least seven (7) days prior to the date of scheduled conference along with proof of service of copies thereof upon parties of record by personal service or by regular mail.

CRITICAL

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.

CRITICAL

The return day for a rule seeking relief from a confessed judgment is determined under the cited rules unless the court sets a different return day when the petition is presented.

The return day for a rule to show cause why relief from a judgment by confession should not be granted shall be determined in accordance with Lacka. Co. R.C.P. 206.1(a) and/or Lacka. Co. R.C.P. 206.4(c) unless the court directs a different return day at the time the petition is presented.

CRITICAL

The intended assessment date must be at least 10 days after the notice is mailed.

which date shall be not less than ten (10) days from the date of mailing of the notice.

CRITICAL

After contacting a housing counselor, a person without an attorney must meet with the counselor within 20 days and provide all requested financial information at the meeting.

Second, once you have contacted one of the housing counselors, you must promptly meet with that housing counselor within twenty (20) days of your telephone contact with them. During that meeting, you must provide the housing counselor with all requested financial information so that a loan resolution proposal can be prepared on your behalf.

CRITICAL

A defendant seeking a trial on damages must file the praecipe with the Clerk of Judicial Records before the intended assessment date.

If the defendant fails to file with the Clerk of Judicial Records prior to the date of intended assessment of damages a praecipe requesting a trial on the issue of such damages

CRITICAL

A defendant must file a statement of account within 30 days, unless the court fixes a longer period.

If the defendant shall for any reason fail to file a statement of account within (30) days or such longer period as the court may fix, the court shall, on motion of an adverse party to whom the defendant has been ordered to account, appoint an auditor to state the account between the parties upon the basis of such evidence as may be submitted to the auditor.

CRITICAL

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.

CRITICAL

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.

CRITICAL

The appellant must file proof of service within 10 days after filing the appeal.

(d) Appellant shall file with the Clerk of Judicial Record within ten (10) days of the filing of the Real Estate Tax Assessment Appeal, proof of service of copies thereof consisting of a verified statement (as “verified” is defined in Pa. R.Civ.P. 76) that service was made by certified or registered mail, with the sender’s receipt for certified or registered mail attached thereto.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICAL

Completing the financial worksheet within 40 days of receiving the notice enables the lawyer to file a Request for Conciliation Conference.

If you and your lawyer complete a financial worksheet within forty (40) days of your receipt of this Notice, your lawyer will be able to file a Request for Conciliation Conference on your behalf so that a conciliation conference can be scheduled.

CRITICAL

After judgment directing an accounting, the defendant must state and file the account within thirty days, unless the court allows more time 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.

CRITICAL

The financial worksheet and Request for Conciliation Conference form must be completed or filed within the deadlines stated in the applicable Notice.

in the Notice, complete a financial worksheet (Form 14), and file the Request for Conciliation Conference form within the time deadlines set forth in the applicable Notice.

CRITICAL

The filer must comply with Lacka. Co. R.C.P. 211(b) before filing the praecipe for assignment.

The party filing a praecipe for assignment shall comply with the requirements of Lacka. Co. R.C.P. 211(b) prior to filing the praecipe for assignment.

CRITICAL

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.

CRITICAL

Deadline
48 hours

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. Otherwise, the objecting party or deponent will be deemed to have waived the objection and the taking of the deposition shall be immediately resumed on notice to all interested parties and the deponent.

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. Otherwise, the objecting party or deponent will be deemed to have waived the objection and the taking of the deposition shall be immediately resumed on notice to all interested parties and the deponent.

CRITICAL

Written exceptions to a bill of costs must be filed with the Clerk within ten days after service of the bill.

Any party desiring to challenge the correctness of a bill of costs may do so by filing with the Clerk of Judicial Records within ten (10) days after service of the bill of costs written exceptions thereto, accompanied by an affidavit attesting to the truth of the facts asserted within the exceptions.

CRITICAL

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.

CRITICAL

An appeal from the Clerk’s taxation of a bill of costs must be taken within thirty days after the taxation is filed.

An appeal taken to the court from the Clerk of Judicial Records' taxation of a bill of costs must be taken within thirty (30) days from the date of filing of the Clerk's taxation.

CRITICALCriminal cases

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

CRITICAL

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.

CRITICAL

The Request for Conciliation Conference must be filed with the Clerk of Judicial Records within 60 days after service of the notice.

The Request for Conciliation Conference shall be filed with the Clerk of Judicial Records within sixty (60) days of service of the Notice of Residential Mortgage Foreclosure Diversion Program

CRITICAL

Deadline
24 hours

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.

CRITICAL

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.

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICAL

The certificate or affidavit of service must be filed immediately after service is effected.

Such certificate or affidavit of service shall be filed immediately upon effecting service, and a copy of same shall be served on all parties.

CRITICAL

In other cases, the motion must be presented within 15 days after suspension; otherwise the objection is waived and the deposition resumes on reasonable notice.

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.

CRITICAL

The directed party must file the affidavit within ten days after service of the rule.

(c) The party who is to file the affidavit shall do so within ten (10) days from the date of service of the rule.

CRITICALCriminal cases

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.

WARNING

The complaint should be submitted as soon as possible but no later than sixty (60) calendar days after the alleged violation.

The complaint should be submitted as soon as possible but no later than sixty (60) calendar days after the alleged violation.

WARNING

Within 15 calendar days after receiving the complaint, the ADA Coordinator will investigate it, including meeting with the complainant.

Within fifteen (15) calendar days of receipt of the complaint, the ADA Coordinator Frank P. Castellano, Esq., will investigate the complaint, including, meeting with the individual seeking an accommodation, either in person or via telephone, to discuss the complaint and the possible resolutions.

WARNING

Within 15 calendar days after the meeting, the President Judge will provide a written final resolution and, where appropriate, an accessible format.

Within fifteen (15) calendar days after the meeting, the President Judge will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

WARNING

A schedule of distribution is confirmed automatically if no objection is filed by the twentieth day after it is filed.

If no objections are filed by the twentieth day after the schedule was filed, it will be confirmed, as of course.

WARNING

The defendant may request a trial on damages by filing a written praecipe with the Clerk of Judicial Records before the intended assessment date.

unless, prior to the date of intended assessment, the defendant files a written praecipe with the Clerk of Judicial Records requesting trial on the issue of such damages.

WARNING

Within 15 calendar days after receiving the appeal, the President Judge will meet with the complainant.

Within fifteen (15) calendar days after receipt of the appeal, the President Judge will meet with the complainant to discuss the complaint and possible resolutions.

WARNING

If a transcript or portion is determined necessary, counsel has ten additional days after receiving it to submit additional allegations of error.

(g) Where it is determined that a transcript or portion thereof is necessary, counsel shall have as a matter of right ten additional days to submit additional allegations of error following receipt of the transcript.

WARNING

Any Interested Party shall have the right to file objections to such report within twenty (20) days after

Any Interested Party shall have the right to file objections to such report within twenty (20) days after

WARNING

Within 15 calendar days after the meeting, the ADA Coordinator will respond in writing and, where appropriate, in an accessible format.

Within fifteen (15) calendar days of the meeting, the ADA Coordinator Frank P. Castellano, Esq., will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio.

WARNING

If the response does not satisfactorily resolve the issue, the complainant may appeal to the President Judge within 15 calendar days after receiving it.

If the response to the complaint does not satisfactorily resolve the issue, the complainant may appeal the decision within fifteen (15) calendar days after receipt of the response to the President Judge.

WARNING

Deadline
3 business days

Accommodation requests are recommended at least three business days before participation, but late requests will still be considered.

If you require an accommodation under the ADA, it is recommended that you make your request as soon as possible or at least three (3) business days before your scheduled participation in any court proceeding or Court of Common Pleas program or activity. All requests for accommodation, regardless of timeliness, will be given due consideration and if necessary, may require an interactive process between the requestor and the Court of Common Pleas to determine the best course of action.

WARNINGCriminal cases

The filing deadline is mandatory except when unusual circumstances exist or the Court extends the time.

My attorney and I understand that the time for the filing of the above motions is mandatory except where unusual circumstances exist or the time has been extended by the Court.

WARNING

If the plaintiff does not complete and forward the Proposal within 30 days after the pleadings close, an opposing party may submit one.

If the plaintiff(s) shall fail to complete and forward a Case Management Proposal within thirty (30) days of the closure of the pleadings, nothing in this Rule shall preclude an opposing party from submitting a Case Management Proposal in compliance with this Rule.

INFO

On or after the intended assessment date, the plaintiff may file a praecipe directing entry of judgment for the amount of the repair bill.

the plaintiff on or after the date of intended assessment of damages may file a praecipe directing the Clerk of Judicial Records to enter judgment in plaintiffs favor in the amount of the repair bill

Common questions about Court of Common Pleas of Lackawanna County, Pennsylvania filing timing and cure windows rules

What filing deadlines does Court of Common Pleas of Lackawanna County, Pennsylvania set?

The fee petition and approval order must be filed with the Clerk before submission to the Court Administrator’s office for payment.

View ruleOfficial source Source: page 11, section RULE 5.16(1). FEES FROM APPOINTMENTS

72 more rules answer this question.

What filing deadlines apply to bill of particulars request filings in Court of Common Pleas of Lackawanna County, Pennsylvania?

A request for a bill of particulars must be filed within seven days after arraignment.

View ruleOfficial source Source: page 18, section Rule 303. Arraignment

What filing deadlines apply to pretrial discovery motion filings in Court of Common Pleas of Lackawanna County, Pennsylvania?

A motion for pretrial discovery and inspection must be filed within fourteen days after arraignment.

View ruleOfficial source Source: page 18, section Rule 303. Arraignment

When is a filing treated as filed in Court of Common Pleas of Lackawanna County, Pennsylvania?

If a party objects and the parties cannot agree, the Proposal must be submitted to the Discovery Motions Court Judge for resolution after appropriate notice.

3 more rules answer this question.