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

CRITICALCivil cases

An accepted legal paper accompanied by its filing fee is filed as of the date it was received.

The filing date of a legal paper accepted for filing that is accompanied by payment of the filing fee, is the date that it was received.

CRITICALCivil cases

An accepted filing is deemed filed when received by the Electronic Filing System, except that a filing submitted without the required fee is deemed accepted when payment is received.

If a legal paper is accepted, it shall be deemed to have been filed as of the date and time it was received by the Electronic Filing System; however, if a legal paper is submitted without the requisite filing fee, the legal paper shall be deemed to have been accepted for filing as of the date payment is received

CRITICALCriminal cases

The clerk may not refuse a filing, and the court may not dismiss a case or grant or deny relief, for failure to comply with a local-rule requirement; the court must notify the party and allow a reasonable time to comply.

No pleading or other legal paper shall be refused for filing by the clerk of courts based upon a failure to comply with a requirement imposed by these rules. No case shall be dismissed nor request for relief granted or denied because of a failure to comply with such a requirement. If a party fails to comply with such a requirement, the court shall notify the party of the failure and provide a reasonable time for the party to comply with the requirement.

CRITICALCivil cases

The Clerk must give a reason for refusing a legal document, and, subject to Rule 205.4(e)(3), a refused paper is deemed not filed.

If a legal document is refused for filing, the Clerk of Judicial Records- Civil Division shall specify a reason. Subject to the Rule 205.4 (e)(3), a legal paper refused for filing shall be deemed as not having been filed.

CRITICAL

A filing is dated when the Clerk of the Orphans’ Court accepts it.

The filing date is the date when a filing is accepted by the Clerk of the Orphans’ Court.

CRITICAL

Filers must comply with all requirements and resubmit rejected filings.

It is the obligation of the filer to comply with all requirements and resubmit filings that are rejected.

CRITICALCivil cases

Filed documents must be endorsed with the day and exact time of filing, and that endorsement is conclusive evidence of the filing date and time absent fraud, accident, or mistake.

Documents filed shall be endorsed with the day and exact time of filing, which endorsement, in the absence of fraud, accident or mistake, shall be conclusive evidence of such date and time of filing.

CRITICALCivil cases

Within six business hours after receiving a legal paper, the Clerk must notify the filer through the Electronic Filing System whether it was accepted or rejected.

Within six (6) business hours of the receipt of the legal paper, the Clerk of Judicial Records-Civil Division shall provide the filer with notification through the Electronic Filing System that the legal paper has been either accepted or rejected.

CRITICALCivil cases

Unless the cited in forma pauperis rules provide otherwise, an accepted legal pleading filed without its fee is filed as of the date the fee is paid.

Except as otherwise provided by Pa.R.O.C.P. 1.40 and Pa.R.Civ.P. 240, pertaining to petitions to proceed in forma pauperis, the filing date of an accepted legal pleading unaccompanied by the filing fee, is the date on which the filing fee is paid.

CRITICAL

Requests for daily, expedited, or same-day transcripts, or for a secure electronic feed, must be filed with the appropriate filing office at least 10 days before the proceeding.

If a party is requesting daily, expedited or same day transcripts, or provisions for secure electronic feed, the request for such transcripts or service shall be filed with the appropriate filing office at least ten (10) days prior to the scheduled proceeding.

CRITICALCivil cases

Any party opposing the motion shall file a response along with a supporting brief, within twenty (20) days after service of the motion.

Any party opposing the motion shall file a response along with a supporting brief, within twenty (20) days after service of the motion.

CRITICALCivil cases

If no timely written answer or responsive pleading is filed, the petition’s or motion’s factual averments are deemed admitted, and the Court may grant the requested relief without further notice.

IF YOU FAIL TO FILE A TIMELY WRITTEN ANSWER OR OTHER RESPONSIVE PLEADING, THE AVERMENTS OF FACT SET FORTH IN THE ANNEXED PETITION OR MOTION SHALL BE DEEMED ADMITTED AND THE COURT sua sponte, OR AT THE REQUEST OF THE MOVING PARTY, MAY ENTER AN ORDER GRANTING THE PRAYER THEREOF WITHOUT FURTHER NOTICE TO YOU.

CRITICALCivil cases

If an answer is filed and served, a party wishing to supplement the record must do so with necessary facts by affidavit or deposition within 30 days after the answer is filed, unless the court requires a hearing.

If an answer is filed and served, the moving party or any other party wishing to do so, shall supplement the record with the necessary facts by affidavit or deposition within thirty (30) days from the filing of the answer, unless a hearing is required by the court.

CRITICALCivil cases

A party seeking to present additional evidence must present a motion stating the reasons within 20 days after filing the appeal.

In the event that a party desires to present additional evidence, a motion indicating the reasons therefor shall be presented to the court within twenty (20) days after filing of the appeal.

CRITICALCivil cases

Accounts for a particular audit list must be filed by the closing date set for that list on the Court calendar.

Accounts to appear on a particular audit list shall be filed no later than the closing date fixed for that audit list by the Court calendar.

CRITICALCivil cases

A party seeking additional discovery must notify other counsel and unrepresented parties of its scope and nature within 20 days after the notice date.

Within twenty (20) days after the date of the notice, a party desiring any additional discovery shall notify other counsel and unrepresented parties of the scope and nature of such additional discovery.

CRITICALCivil cases

The moving party must file a certification that proper service was made within five days after filing the motion.

Within five days of the filing of the motion, the party filing the same shall file a certification of service, certifying that proper service has been made.

CRITICALCivil cases

Additional discovery must be completed within 120 days after notice to pursue it is given.

Discovery must be completed within 120 days from the giving of notice to pursue additional discovery.

CRITICALCivil cases

A party served with a bill of costs may file exceptions and demand taxation within 10 days.

A party upon whom a bill of costs has been served may, within ten (10) days, file exceptions thereto and demand that the same be taxed by the clerk of courts.

CRITICALCivil cases

In compulsory-arbitration actions, the parties must file all pleadings and complete discovery within six months after commencement, unless the court extends the discovery period on a party’s motion.

The parties to an action which is subject to compulsory arbitration shall file all pleadings and complete all discovery within six (6) months of the date of the commencement of the action, unless the time for completion of discovery has been extended by the court upon motion of any party.

CRITICALCivil cases

Unless the trial court provides otherwise, opposition briefs to post-trial motions are due within 20 days after the movant files its brief.

Unless otherwise provided by the trial court, briefs in opposition to post-trial motions shall be filed within twenty (20) days from the date of the filing of the movant's brief.

CRITICALCivil cases

Counsel must file the depository’s sworn acknowledgment and both specified compliance certificates within 30 days of the Order.

IT IS FURTHER ORDERED that, within thirty (30) days of the date of this Order, (name of counsel to petitioner), Esquire, shall file with the Clerk of the Orphans’ Court Division, a sworn acknowledgment by an authorized official of the depository, that the balance of the money as herewith allotted to the minor has been deposited in a form of savings investment entitled in the minor’s name alone, subject to the restrictions on withdrawals hereinbefore imposed, and that said restrictions and the Orphans’ Court file number, have been noted on the bank’s records and in the passbook or on the certificate as directed; an Attorney’s Certificate of Compliance with Order Directing Deposit of Minor’s Funds, and a Parent’s/Legal Custodian’s Certificate of Compliance with Order Directing Establishment of Restricted Account for Minor.

CRITICALCriminal cases

A Bail Bondman contesting denial of an initial approval petition must file within 30 days of the denial.

Any Bail Bondman seeking to contest the denial of its petition for approval to post bail in the Thirty-first Judicial District must file a petition with the Clerk of Judicial Records, Criminal Division and serve the Department of Law within thirty (30) days of the date of denial of its initial petition, and set forth the relief requested and the factual basis therefor.

CRITICALCivil cases

A petition for citation to show cause must be filed with the Clerk within 30 days after the Notice of Appeal is filed with the Register of Wills.

(a) A petition for citation to show cause why an appeal from the Register should not be sustained shall be filed with the Clerk within 30 days after the filing of a Notice of Appeal with the Register of Wills.

CRITICALCriminal cases

A surety must pay a revoked bail forfeiture to the Clerk by close of business on the 91st day after the revocation order is entered, unless the deadline is extended or the forfeiture is set aside by court order.

(1) A bail that is revoked shall be deemed forfeited pursuant to Pa. C.S. §5747.1, and shall be paid to the Clerk by any surety by close of business on the 91st day following the entry of the order revoking the bail pursuant to the terms of Pa. C.S. §5747.1, or unless otherwise extended or set aside by Order of Court.

CRITICALCriminal cases

A Bail Bondman contesting a prohibition, revocation, or determination of ineligibility must file its petition within 30 days of that action.

Any Bail Bondman seeking to contest prohibition from posting additional bail, that its right to post bail has been revoked, or that it is otherwise ineligible to post bail in the Thirty-first Judicial District must file a petition with the Clerk of Judicial Records, Criminal Division and serve the Department of Law within thirty (30) days of the date of the prohibition, revocation or determination of ineligibility, and set forth the relief requested and the factual basis therefor.

CRITICALCivil cases

Compulsory arbitration appeals must be timely filed with the Clerk of Judicial Records—Civil Division.

All appeals compulsory arbitration must be timely filed with the Clerk of Judicial Records—Civil Division accompanied by payment in the amount of $750.00 or 50% of the amount in controversy, whichever is less.

CRITICALCivil cases

The moving party must file its brief within 14 days after supplementation of the record is complete, including when completion results from the adverse party’s failure to answer or from a hearing.

Within fourteen (14) days from the completion of the supplementation of the record, whether by the adverse party’s failure to file an answer to the preliminary objections or by affidavit, deposition, or hearing the moving party shall file a brief in accordance with these rules.

CRITICALCivil cases

Answering briefs must be filed at least 20 days before argument.

Answering briefs shall be filed with the Clerk not less than twenty (20) days prior to the date for argument.

CRITICALCivil cases

The petitioner must file proof that the restricted account was established, in a form satisfactory to the Court, within 10 days after receiving the minor’s death benefit.

Your petitioner will file proof of the establishment of the restricted account, in the form satisfactory to the Court, within 10 days of the receipt of the death benefit payable to the minor.

CRITICALCivil cases

A party opposing a motion must file a response and supporting brief within 30 days after service of the motion.

Any party opposing the motion shall file a response along with a supporting brief, within thirty (30) days after service of the motion.

CRITICALCivil cases

In a district justice appeal, the parties must file pleadings and complete discovery within 60 days of the appeal date.

The parties to a district justice appeal shall file pleadings and complete discovery within sixty (60) days of the date of the appeal.

CRITICALCivil cases

Within 20 days after service of preliminary objections, adverse parties must file an amended pleading or responsive brief, serve it on the opposing parties or counsel, and deliver a copy for the assigned judge.

Within twenty (20) days after service of the preliminary objections, the adverse parties or their counsel shall file an amended pleading or a responsive brief with the clerk of courts, serve same upon the opposing parties or counsel, and deliver a copy to the court administrator’s office for delivery to the assigned judge.

CRITICALCriminal cases

Upon receipt of the filing, the Clerk must promptly give the Commonwealth’s attorney written notice, and the attorney may present relevant investigative reports for confidential review within ten days of that notice.

Upon the receipt of such filing, the Clerk of Courts–Criminal shall forthwith notify the attorney for the Commonwealth in writing of the filing and that he has ten (10) days from the date of said notification within which to present to the Judge assigned to review the Petition, for the latter’s confidential review, any investigative reports which the attorney for the Commonwealth may deem relevant to approval or disapproval of the complaint.

CRITICALCivil cases

The objector must file a brief within 20 days after the specified preliminary objections are filed.

Within twenty (20) days after preliminary objections not raising issues of fact have been filed, the objector shall file his or her brief with the Clerk and serve a copy thereof upon all other interested parties, failing which the preliminary objections shall be dismissed as of course.

CRITICALCriminal cases

Each bail bondsman must annually file a Praecipe with the Clerk and attach updated documents required by subsection (b).

Each Bail Bondsman must annually update the documents required in subsection (b) of this rule by filing a Praecipe with the Clerk and attaching the relevant documents to that Praecipe;

CRITICALCivil cases

The return of notice must be filed with the Clerk no later than the date of the noticed event.

A return of notice shall be filed with the Clerk on or before the date set for the occurrence of the event for which notice has been given.

CRITICALCivil cases

After service, the respondent must file an answer by the return date fixed in the rule.

After being served with a copy of the petition and rule to show cause, the respondent shall file an answer on or before the return date fixed in the rule.

CRITICALCivil cases

A bill of costs must generally be filed within 10 days after trial, continuance, or failure to reach the case, with a delayed-decision exception for certain proceedings.

A bill of costs for attendance of witnesses, service of subpoenas, and other expenses recoverable according to law or rule of court must be filed in the office of the clerk of courts, as may be appropriate, within ten (10) days after the trial, continuance or failure to reach the case, and a copy thereof shall be forthwith served upon all adverse parties or their attorneys. In equity hearings and trials without jury where an adjudication or decision is delayed by the court, a bill of costs will be deemed timely if filed within ten (10) days after entry of the adjudication or decision on the docket.

CRITICALCriminal cases

Within 30 days, a bail bondsman must notify the President Judge and Department of Law in writing if charged with a covered non-summary offense or if the submitted license is revoked, suspended, or not renewed in any jurisdiction.

Each Bail Bondsman, , must, within 30 days, notify, in writing, the President Judge and the Department of Law if the Bail Bondsman has been charged with any non-summary criminal offense with the exception of misdemeanors under the Pennsylvania Vehicle Code, or if the license submitted with the petition for approval has been revoked, suspended or not renewed in any jurisdiction;

CRITICALCivil cases

A qualifying motion may instead be presented in open court at weekly motion court, with at least five days’ advance written notice and a complete copy; in an emergency, the movant must try to notify the opposing parties as soon as possible and describe those efforts in the motion.

In lieu of the procedures set forth in subparagraphs (2) through (4) of this rule, any motion governed by Pa.R.C.P. 208.3(a) may be presented in open court to the judge assigned to the case at this judge’s weekly motion court. The movant shall give the assigned judge, all counsel of record, and all unrepresented parties not less than five days advance written notice of the date, time and place of the intended presentation of the motion, together with a complete copy of the motion. If the movant is unable to comply with this notice requirement because of an emergency, the movant shall have made a good-faith effort to notify all opposing counsel of record and all unrepresented parties as soon as possible of the intended presentation of the motion, and shall describe those efforts in the motion.

CRITICALCivil cases

An opposing party must file a response and supporting brief within 20 days after service and deliver a copy to the court administrator for the assigned judge.

Any party opposing the motion shall file a response along with a supporting brief, within twenty (20) days after service of the motion. A copy thereof shall be delivered to the court administrator’s office for transmittal to the assigned judge.

CRITICALCivil cases

The lawyer mediator must submit the specified report to the court administrator within five days after each settlement conference, using the approved format and including the listed information.

Within five (5) days following each settlement conference, the lawyer mediator shall submit to the court administrator’s office a written report in the format approved by the court provided to the lawyer mediator by the civil court coordinator at the time of appointment, which report shall identify the parties to the litigation, their counsel, whether any attorney failed to appear, offers/demands of settlement (except as provided in (e) (4) above), recommendations of the lawyer mediator, whether the case settled and/or the possibility of settlement, and whether additional involvement of the lawyer mediator is necessary to effectuate settlement.

CRITICALCivil cases

Unless the trial court orders otherwise, the supporting brief is due within 30 days after receipt of the transcript, or, if no party requested a transcript, within 30 days after that party filed its post-trial motion.

Unless otherwise ordered by the trial court, a brief in support of post-trial motions shall be filed within thirty (30) days following receipt of the transcript or, if no request for transcript has been made by either party, within thirty (30) days of the date of the filing of that party's post-trial motion.

CRITICALCivil cases

Requests for daily, expedited, or same-day transcripts or secure electronic feed must be filed at least 10 days before the proceeding, with copies delivered as subsection (2) directs.

If a party is requesting daily, expedited or same day transcripts, or provisions for secure electronic feed, the request for such transcripts or service shall be filed with the appropriate filing office at least ten (10) days prior to the scheduled proceeding. Copies of the written request shall be delivered in accordance with subsection (2).

CRITICALCivil cases

In cases involving district justice appeals, discovery must be completed within 60 days after the appeal is filed.

(v) Notwithstanding the foregoing, discovery in cases involving district justice appeals shall be completed within sixty (60) days from the filing of the appeal.

CRITICALCivil cases

Deadline

5 business days

Objections may be made orally at the account’s first audit call, but must then be reduced to writing and filed within five business days.

Objections may be made orally when an account is first called for audit, in which event they shall be reduced to writing and filed in conformity with these Rules within five (5) business days thereafter.

CRITICALCivil cases

Deadline

5 business days

Each party must file the pre-hearing statement with the Clerk at least five business days before the conference.

At least five (5) business days prior to the date of the pre-hearing conference, each party shall file with the Clerk and serve upon each other party a written pre- hearing statement which shall contain:

CRITICALCivil cases

When a pretrial conference is scheduled, all parties must file a pretrial statement and deliver a copy to the assigned judge’s chambers no later than five days before the conference.

Notwithstanding the requirements of Pa.R.C.P. 212.1(b), in the event a pre-trial conference is scheduled, a pre-trial statement shall be filed by all parties, and a copy delivered to chambers of the assigned judge, not later than five (5) days prior to the pre-trial conference.

CRITICALCivil cases

Either party may appeal the clerk’s decision to the court within 10 days after notice of the decision.

Either party may appeal from the decision of the clerk of courts to the court within ten (10) days after notice of the decision.

CRITICALCivil cases

The petition must not be filed before it has been presented to the court.

The petition shall not be filed prior to presentation to the court.

CRITICALCriminal cases

Requests for daily, expedited, or same-day transcripts or secure electronic feed must be filed at least ten days before the proceeding.

If a party is requesting daily, expedited or same day transcripts, or provisions for secure electronic feed, the request for such transcripts or service shall be filed with the appropriate filing office at least ten (10) days prior to the scheduled proceeding.

CRITICALCivil cases

The clerk must schedule the taxation hearing no later than 30 days after demand, and each party must receive at least 10 days’ notice.

The clerk of courts shall thereupon fix a time and place for hearing, which hearing shall be not later than thirty (30) days after demand therefor. Each party shall be given at least ten (10) days notice of the hearing.

CRITICALCivil cases

Objections may be filed by the date and time set for confirmation, which must be at least 20 days after the affidavit is filed.

In the absence of objections, which may be filed on or before the date and time set for confirmation, which date shall not be less than twenty (20) days after the date of filing the Affidavit, the Court may enter an order confirming the sale and fixing or waiving additional security.

CRITICALCivil cases

Any objections to an auditor’s or master’s report must be filed within 20 days after the report is filed.

Objections, if any, to the report of an auditor or master shall be filed within twenty (20) days of the filing of said report in accordance with Pa. O.C. Rule 2.7.

CRITICALCivil cases

The opposing party must file its brief within 14 days after the moving party files its brief.

The opposing party shall file its brief within fourteen (14) days thereafter.

CRITICALCivil cases

A fiduciary filing an account must give notice of the intention to seek confirmation at least 20 days before the application.

When a receiver, assignee or other fiduciary files an account, notice shall be given of the intention to apply for confirmation thereof not less than twenty (20) days in advance of such application.

WARNINGCivil cases

Other compulsory-arbitration matters may be scheduled for hearing no later than one year after the action begins, unless outstanding matters require court disposition.

(ii) All other matters which are subject to compulsory arbitration may be scheduled for arbitration hearing no later than one (1) year after the commencement of the action, unless there are outstanding motions, petitions, or other matters that require court disposition.

WARNINGCivil cases

If no discovery request is sent within 20 days after the notice of intent to arbitrate, a party may praecipe the case for arbitration by filing it with the clerk of courts.

(ii) If no discovery request is sent within twenty (20) days after the date of the notice of intent to arbitrate, a party may praecipe the case for arbitration by filing same with clerk of courts.

WARNINGCivil cases

The filing may be made as of course after the account and petition are filed but before they are called for audit; afterward, leave or direction of the Court is required.

filed as of course with the Clerk at any time after the account and Petition for Adjudication/Statement of Proposed Distribution have been filed and before the same are called for audit, and thereafter with leave of or at the direction of the Court.

WARNINGCriminal cases

The Commonwealth’s attorney may file investigative material within ten days after receiving notice.

The attorney for the Commonwealth is allowed ten (10) days after receipt of this notice to file a copy of any investigative material generated by or for the Office of the Attorney for the Commonwealth, if desired.

WARNINGCivil cases

Filers are cautioned to submit required legal papers well before deadlines so they have time to correct and resubmit any paper that is not accepted.

Therefore, filers are cautioned to file required legal papers well in advance of any filing deadlines to enable timely correction and re-submission in the event a legal paper is not acceptable for filing.

WARNINGCivil cases

District justice appeal matters may be scheduled for arbitration hearing 60 days after the appeal, unless outstanding matters require court disposition.

(i) All matters that are appeals from a district justice decision may be scheduled for arbitration hearing sixty (60) days after the appeal is taken, unless there are outstanding pleadings, motions, petitions, or other matters that require court disposition.

WARNINGCivil cases

Deadline

6 hours

Each filer receives an email confirming receipt in OFS and, within six business hours, an email stating whether the filing was accepted or rejected.

Each filer will receive courtesy email notification of the date and time that a legal paper was received in OFS, and within 6 business hours thereafter, will receive further email notification of the legal paper’s acceptance or rejection for filing.

WARNINGCivil cases

The Department of Revenue response period is 20 days from service of a copy of the petition through the office of chief counsel.

If the petition has been approved by the Department of Revenue, or if no response has been received within 20 days of service of a copy of the petition upon the Department through the office of chief counsel, a photocopy of the petition, proposed decree and exhibits shall be submitted (by mail, telefax, or hand delivery) to the orphans' court counsel with a notation as to the civil division judge, if any, to whom the case is assigned.

WARNINGCivil cases

If discovery is requested, a party may praecipe the case for arbitration when discovery is completed or 120 days after notice to pursue discovery is given, whichever comes first, unless the court extends the discovery period.

(iii) If a discovery request is made, a party may praecipe the case for arbitration upon completion of discovery or the expiration of 120 days from the giving of the notice to pursue discovery, whichever comes first, unless the time for discovery is extended by the court.

WARNINGCivil cases

After a final account is filed for audit, a supplemental account and any necessary amended petition may be filed with the Clerk before the audit call, with the Court at the call, or whenever the Court directs.

When a final account has been filed for audit, a supplemental account of subsequent receipts and disbursements and an amended Petition for Adjudication/Statement of Proposed Distribution, if necessary, stated in accordance with Pa. O.C. Rule 2.1 and Leh. Rule 2.4-1 may be filed with the Clerk before, or with the Court at, the call of the final account for audit, or whenever the Court shall direct.

CRITICALCivil cases

Returns of notice must be filed with the Clerk on or before the date set for confirmation of sale.

All returns of notice shall conform to the pertinent provisions of Leh. O.C. Rule 4.2-3 and be filed with the Clerk on or before the date set for confirmation of the sale.