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

CRITICALCivil cases

When a case is stricken from the arbitration list, a party must immediately file a Certificate of Readiness for Trial with the Clerk of Judicial Records and serve copies on all parties and the Office of Court Administration.

If a case is stricken from the arbitration list, any party shall file a Certificate of Readiness for Trial immediately with the Clerk of Judicial Records, in accordance with Luz. Co. R.C.P. No. 214, and serve copies of same upon all parties and the Office of Court Administration.

CRITICALCivil cases

An accepted filing is deemed filed when received by the 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 pursuant to 42 P.S. Section 21073(b).

CRITICALCivil cases

A Certification for Arbitration that does not provide all required information will be rejected.

Failure to provide the required information will result in the Certification for Arbitration being rejected.

WARNINGCivil cases

Deadline

1 business days

The system must display a dated and timed receipt notification, and the Clerk must email the filer an acceptance or rejection notification within one business day of receipt.

The Electronic Filing System shall display an official notification, which includes the time and date, indicating the filing was received. Within one (1) business day of the receipt of the legal paper, the Clerk of Judicial Records shall provide the filer with an email notification through the Electronic Filing System that the legal paper has either been accepted or rejected.

CRITICALCivil cases

The opposing party must file its answer and comprehensive brief within 15 days after service of the specified papers.

Within fifteen (15) days of service of the rule to show cause, the underlying motion/petition, a comprehensive brief in support, a proposed order, and certificate of service, the opposing party must file an answer and comprehensive brief with the Clerk of Judicial Records, and, within three (3) days, serve all parties and the assigned Judge.

CRITICALCivil cases

A party wishing to oppose a summary judgment motion must file and serve its opposition brief within 30 days after service of the motion, supporting brief, and proposed order.

(c) Within thirty (30) days after service of the motion for summary judgment, supporting brief, and proposed order, any party wishing to contest the same shall file a comprehensive brief in opposition with the Clerk of Judicial Records and serve the same upon all parties and the District Court Administrator who shall then assign it to a Judge and shall so notify all parties.

CRITICALCivil cases

The intervenor must file proof of service with the Clerk within ten 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 the Notice of Intervention, proof of service of copies thereof consisting of a verified statement (as “verified” is defined in Pa. R.C.P. No. 76) that service was made by certified or registered mail, with the sender’s receipt for certified or registered mail attached thereto.

CRITICALCivil cases

After contacting a housing counselor, a person without an attorney must 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.

CRITICALCivil cases

Each party of record must file the memorandum with the Clerk and serve the assigned judge at least seven days before the conference.

Each party of record shall file, with the Clerk of Judicial Records, a Pretrial Status Conference Memorandum and serve a copy thereof on the assigned judge at least seven (7) days prior to the date of the scheduled conference

CRITICALCivil cases

A copy of the Discontinuance must be provided to the assigned Judge, if any, within 10 days after settlement is effected.

A copy of the Discontinuance must also be provided to the assigned Judge, if any, within 10 days after effectuation of settlement.

CRITICALCivil cases

The Request for Conciliation Conference must be filed within sixty days after service of the complaint and notice and served on the plaintiff/lender.

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 Diversionary Program, and shall be served upon the plaintiff/lender.

CRITICALCivil cases

The opposing party must file its answer and brief within 15 days after service of the listed papers.

Within fifteen (15) days of service of the rule to show cause, the underlying motion/petition, a comprehensive brief in support, and a proposed order, the opposing party must file an answer, comprehensive brief, and certificate of service with the Clerk of Judicial Records and, within three (3) days, serve the same upon all parties and the Office of Court Administration.

CRITICALCivil cases

If dispositive motions are denied, Plaintiff must file a praecipe for arbitration within 30 days of the denial order or orders.

If dispositive motions are denied, Plaintiff shall file a praecipe for arbitration within thirty (30) days of the order/s denying the dispositive motion/s.

CRITICALCivil cases

A bill of costs must be filed with the Clerk of Judicial Records within 10 days after the trial, continuance, or failure to reach the case, and a copy must be served on all adverse parties.

(a) A bill of costs for attendance of witnesses, service of subpoenas, and other expenses recoverable by rule of law or order of court, must be filed with the Clerk of Judicial Records, as may be appropriate, within ten (10) days after the trial, continuance, or failure to reach the case, and a copy thereof shall be served upon all adverse parties.

CRITICALCivil cases

Dispositive motions must be filed within 90 days of the Order.

Any dispositive motions shall be filed within ninety (90) days of the date of this Order.

CRITICALCivil cases

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

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

CRITICALCivil cases

The Board must file its findings and award, and any written opinion it chooses to submit, within three business days after the hearing concludes.

The Board of Arbitrators shall file its findings and award, if any, as well as any written opinion (as in its discretion it may choose to submit), within three (3) business days from the conclusion of the hearing, in each case.

CRITICALCivil cases

A pending motion for peremptory judgment does not excuse or extend the defendant’s responsibility to timely file a responsive pleading.

The pendency of a motion for peremptory judgment in a mandamus action does not excuse or relax a defendant’s responsibility to timely file a responsive pleading to the plaintiff’s complaint.

CRITICALCivil cases

A rule to show cause issued on a petition to appoint an arbitrator must be returnable at least 30 days later.

a rule to show cause issued upon a petition for appointment of an arbitrator shall be returnable in no less than thirty (30) days.

CRITICALCivil cases

The opposing party must file an answer, comprehensive brief, and certificate of service within fifteen days after service of the specified papers.

Within fifteen (15) days of service of the Rule to Show Cause, the underlying motion/petition, a comprehensive brief in support and a proposed order, the opposing party must file an answer, comprehensive brief and a certificate of service with the Clerk of Judicial Records.

CRITICALCivil cases

A party contesting preliminary objections must file an opposition brief within 20 days after service and serve it on all parties and the District Court Administrator.

Within twenty (20) days after service of the preliminary objections, supporting brief and proposed order, any party wishing to contest the same shall file a comprehensive brief in opposition with the Clerk of Judicial Records and serve the same upon all parties and the District Court Administrator who shall then assign it to a Judge and shall so notify all parties.

CRITICALCivil cases

The Custody Hearing Officer must file a report with the court within ten days after the hearing concludes.

Within ten (10) days of the conclusion of the hearing, the Custody Hearing Officer shall file with the court a report containing a recommendation with respect to the entry of an order of partial custody or supervised physical custody.

CRITICALCivil cases

The borrower must take the action identified in the notice within sixty days after service of the complaint to participate in the court-supervised conference.

Service of the complaint in such a residential mortgage foreclosure action shall include the Notice of Residential Mortgage Foreclosure Diversionary Program, advising the defendant/borrower of the action to be taken by the defendant/borrower within sixty (60) days of service of the complaint in order to participate in a court-supervised conciliation conference pursuant to Luz. Co. R.C.P. No. 1143.1.

CRITICALCivil cases

A homeowner without an attorney must contact the housing counselor within 60 days after receiving the notice to schedule an appointment, as a step toward eligibility for a conciliation conference.

If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within sixty (60) days of your receipt of this notice, you must contact a housing counselor at the Commission on Economic Opportunity, Attention David Ritter, at 570-826-0510, Ext. 216 or 1-800-822-0359, to schedule an appointment.

CRITICALCivil cases

divorce decree shall be required to specifically state the alimony shall be paid to and collected by the Luzerne County Domestic Relations Section and shall be filed immediately upon issuance.

divorce decree shall be required to specifically state the alimony shall be paid to and collected by the Luzerne County Domestic Relations Section and shall be filed immediately upon issuance.

CRITICALCivil cases

A request for oral argument must be made when the brief is filed.

The request shall be made contemporaneously with the filing of the brief.

CRITICALCivil cases

Pleading deadlines are stayed until the conciliation conference concludes.

2. Effective immediately, pleading deadlines are stayed pending the outcome of the conciliation conference.

CRITICALCivil cases

A party served with a bill of costs may file exceptions and demand taxation within ten 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 Judicial Records.

CRITICALCivil cases

A party wishing to oppose must file and serve a comprehensive responsive brief and certificate of service within 25 days after service of the matter and supporting brief.

Within twenty-five (25) days of service of the matter and supporting brief, any party wishing to oppose it shall file and serve a comprehensive responsive brief and certificate of service upon all parties.

CRITICALCivil cases

The return date assigned by the District Court Administrator must be at least 20 days later.

who shall assign a return date for the rule to show cause no less than twenty (20) days thereafter in accordance with internal operating procedures of the court.

CRITICALCivil cases

If a party files exceptions, any other party may file exceptions within 20 days after service of the original exceptions.

(c) If exceptions are filed, any other party may file exceptions within twenty (20) days of the date of service of the original exceptions.

CRITICALCivil cases

A party must file a custody-trial request within 20 days of the interim order and serve it on chambers and all parties; without a timely request, the interim order becomes final.

All parties must file a Request for a Custody Trial within twenty (20) days of the date of the Interim Order issuing from the Evidentiary Hearing and serve a copy of same upon the judge’s chambers and upon all parties. In the event no request is made for a

CRITICALCivil cases

Defendant must file a responsive pleading within 20 days after the Order, or may face default judgment.

Defendant shall file a responsive pleading to the complaint within twenty (20) days of the date of this Order. Failure to do so may result in a Default Judgment.

CRITICALCivil cases

A return date must be at least 20 days after assignment, or at least 30 days for a rule issued on a petition to appoint an arbitrator.

The District Court Administrator shall assign a return date for the rule to show cause, no less than twenty (20) days thereafter, in accordance with internal operating procedures of the court and issue the rule to show cause. However, a rule to show cause issued upon a petition for appointment of an arbitrator shall be returnable in no less than thirty (30) days.

CRITICALCivil cases

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

Either party may appeal from the decision of the Clerk of Judicial Records to the court within ten (10) days after notice of the decision.

CRITICALCivil cases

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

(d) The affidavit required by Luz. Co. R.C.P. No. 3129.1(c) shall be filed with the Clerk of Judicial Records and a copy shall be delivered to the Sheriff before any residential property may be listed for Sheriff’s Sale.

CRITICALCivil cases

A party seeking to present additional evidence must present a motion stating the reason within 20 days after filing the appeal, accompanied by a rule to show cause, comprehensive brief, and proposed order.

In the event that a party desires to present additional evidence, a motion indicating the reason therefor shall be presented to the court within twenty (20) days after the filing of the appeal, along with a rule to show cause, a comprehensive brief, and proposed order.

CRITICALCivil cases

If the exceptions filer did not request a transcript, the supporting brief must be filed with the exceptions, cite supporting authorities, and be served on the opposing party when filed.

(3) If the party filing exceptions has not requested a transcription of the divorce hearing, then said party shall file the brief in support of the exceptions simultaneously with the filing of the exceptions. Said brief shall cite cases, statutes and rules that support the exceptions. Upon filing said brief, a copy of said brief shall be simultaneously served upon the opposing party.

CRITICALCivil cases

A person without an attorney must contact a housing counselor within 20 days after receiving the notice to schedule an appointment.

First, within twenty (20) days of your receipt of this notice, you must contact a housing counselor at either the Commission on Economic Opportunity, Attention David Ritter, at 570-826-0510, Ext. 216 or 1-800-822-0359, to schedule an appointment.

CRITICALCivil cases

A defendant wishing to defend must, within 20 days after service of the complaint and notice, enter a written appearance and file written defenses or objections.

If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you.

CRITICALCivil cases

A party may file exceptions within twenty days after the earlier of the Interim Order’s mailing or receipt.

Within twenty (20) days after the date the Interim Order is mailed or received by the parties, whichever occurs first, any party may file exceptions to the Interim Order or any part thereof, to rulings on objections to evidence, to statements or findings of fact, to conclusions of law, or to any other matters occurring during the hearing.

CRITICALCivil cases

The return day for a rule seeking relief from a judgment by confession follows Luz. Co. R.C.P. No. 206.4(c), unless the court sets a different day when the petition is first presented.

The return day for a rule to show cause as to why relief from a judgment by confession should not be granted shall be determined in accordance with Luz. Co. R.C.P. No. 206.4(c), unless the court directs a different return day at the time the petition is first presented.

CRITICALCivil cases

When the exceptions filer timely requested and obtained an order for a transcript, the supporting brief is due within 20 days after receipt of the transcript, must cite supporting authorities, and must be served on the opposing party when filed.

(2) If the party filing exceptions has presented a Motion for Transcript of the divorce hearing on or before the date of the filing of the exceptions and received an Order granting the transcription of the divorce hearing, then said party shall file their brief in support of their exceptions within twenty (20) days of the receipt of said transcript. Said brief shall cite cases, statutes and rules that support their exceptions. Upon filing said brief, a copy of said brief shall be simultaneously served upon the opposing party.

CRITICALCivil cases

Responses to dispositive motions are due within 30 days after the motion is filed.

Responses to dispositive motions are due within thirty (30) days of the filing of the dispositive motion.

CRITICALCivil cases

The appellant must file proof of service with the Clerk within ten days after filing the appeal.

(d) Appellant shall file with the Clerk of Judicial Records, within ten (10) days after 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.C.P. No. 76) that service was made by certified or registered mail, with the sender’s receipt for certified or registered mail attached thereto.

CRITICALCivil cases

Failure to timely file the required praecipe for arbitration will result in dismissal with prejudice upon motion to the Court.

Failure by Plaintiff to praecipe for arbitration within the time set forth above shall result in dismissal of this action with prejudice, upon motion to the Court.

CRITICALCivil cases

The opposing party must file its brief within 10 days after the proponent’s brief is filed.

The opposing party’s brief shall be filed within ten (10) days of the proponent’s brief.

CRITICALCivil cases

A party may file exceptions within 20 days of the earlier of receipt or mailing of the report; each exception must state a separate objection precisely and without discussion, or the matter is waived absent leave before the final decree.

(b) Within twenty (20) days of the date of receipt or the date of mailing of the Hearing Officer's Report and Recommendation, whichever occurs first, any party may file exceptions to the report, or any part thereof, to rulings on objections to evidence, to statements or findings of fact, to conclusions of law, or to any other matters occurring during the hearing. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived unless, prior to entry of the final decree, leave is granted to file exceptions raising those matters.

CRITICALCivil cases

If no dispositive motion is filed, Plaintiff must file a praecipe for arbitration within 120 days of the Order.

If no dispositive motions are filed, Plaintiff shall file a praecipe for arbitration within one hundred and twenty (120) days of the date of this Order.

CRITICALCivil cases

The proponent must file a comprehensive supporting brief with the Domestic Relations Recording Clerk within 10 days after exceptions are filed, unless the court extends the time for good cause.

Within ten (10) days of the filing of exceptions by either party, the proponent shall file with the Domestic Relations Recording Clerk a comprehensive brief in support of the exceptions, unless the time for filing the brief is extended upon court order for good cause.

CRITICALCivil cases

If the other party filing exceptions did not request a transcript of the divorce hearing, that party must file the supporting brief with the exceptions.

If the other party filing exceptions has not requested a transcription of the divorce hearing, then said party shall file the brief in support of the exceptions simultaneously with the filing of the exceptions.

CRITICALCivil cases

If exceptions are filed, another party may file exceptions within twenty days after service of the original exceptions.

If exceptions are filed, any other party may file exceptions within twenty (20) days of the date of service of the original exceptions.

CRITICALCivil cases

All discovery must be completed within 60 days of the Order.

Any and all discovery shall be completed within sixty (60) days of the date of this Order.

CRITICALCivil cases

Counsel or self-represented parties may submit a signed stipulation and proposed order within 30 days of a scheduled conciliation conference.

Counsel or self-represented parties may submit to the Court a signed stipulation and proposed Order within thirty (30) days of any scheduled Conciliation Conference.

CRITICALCivil cases

Counsel or self-represented parties may waive the pre-trial conference by agreement and must notify the court in writing within seven days of its scheduled date.

The pre-trial conference may be waived by agreement of counsel or self- represented parties who must advise the court of the waiver in writing within seven (7) days of the pre-trial conference date.

CRITICALCivil cases

After contacting a housing counselor, a homeowner without an attorney must meet with the counselor within 60 days of the telephone contact.

Second, once you have contacted one of the housing counselors, you must promptly meet with that housing counselor within sixty (60) days of your telephone contact with him/her.

CRITICALCivil cases

The plaintiff must file an affidavit of service by registered mail within five days after service, or as soon thereafter as the signed return receipt is returned.

(b) An Affidavit of Service by registered mail of such notice shall be filed with 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.

CRITICALCivil cases

A resale may not be scheduled sooner than 72 hours after the original sale date.

The resale date cannot be sooner than seventy-two (72) hours from the original sale date.

CRITICALCivil cases

A certificate of trial readiness cannot be filed until discovery is complete and trial depositions are scheduled or completed, or while a case-dispositive motion is pending, unless the court orders otherwise.

No certificate of trial readiness may be filed until all discovery in the case has been complete and all depositions for use at trial have been scheduled or completed, nor may a certificate of trial readiness be filed if any case dispositive motion is pending for disposition by the court, or unless so ordered by the court.

CRITICALCivil cases

A party wishing to oppose a motion for judgment on the pleadings must file and serve its opposition brief within 30 days after service of the motion, supporting brief, and proposed order.

(c) Within thirty (30) days of service of the motion, supporting brief, and proposed order, any party wishing to contest the same shall file a comprehensive brief in opposition with the Clerk of Judicial Records and serve the same upon all parties and the District Court Administrator who shall then assign it to a Judge and shall so notify all parties.

CRITICALCivil cases

The court must hear argument within forty-five days after the last exceptions are filed and enter a final order within fifteen days after argument.

If exceptions are filed, the court shall hear argument on the exceptions within forty-five (45) days of the date that the last party filed exceptions, and enter an appropriate final order within fifteen (15) days of argument.

CRITICALCivil cases

In a nonjury trial where the court delays its adjudication or decision, a bill of costs is timely if filed within 10 days after the adjudication or decision is entered on the docket.

In 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.

CRITICALCivil cases

The appeal must be filed with the Clerk of Judicial Records within the time required by law.

and shall be filed with the Clerk of Judicial Records within the time required by law.

WARNINGCivil cases

An Interim Order becomes final if no exceptions are filed within the twenty-day period.

If no exceptions are filed within the twenty-day (20) period, then the Interim Order shall become a final Order.

WARNINGCivil cases

All proceedings are stayed for sixty days after service of the notice to allow the borrower an opportunity to qualify for a conciliation conference.

Following the service of the Notice of Residential Mortgage Foreclosure Diversionary Program in a residential mortgage foreclosure action, all proceedings shall be stayed for a period of sixty (60) days to afford the defendant/borrower an opportunity to qualify for participation in a court-supervised conciliation conference.

WARNINGCivil cases

After the complaint is filed and served, the court issues a practice order setting the next available conciliation conference and staying pleading deadlines until its outcome.

(e) In eligible consumer debt actions, following the filing and service of the complaint, the court shall issue a practice order in substantially the format set forth in Form 12 of the Appendix to these Rules, scheduling the matter for the next available conciliation conference list and staying any pleading deadlines in the matter pending the outcome of the conciliation conference.

WARNINGCivil cases

Deadline

1 business days

A filer must provide the Clerk with an updated email address within one business day after the address changes.

In the event the filer’s email address changes, the filer shall provide an updated email address to the Clerk of Judicial Records within one (1) business day.

WARNINGCivil cases

days of the receipt of said transcript.

days of the receipt of said transcript.

WARNINGCivil cases

The Clerk must schedule the taxation hearing no later than thirty days after the demand.

The Clerk of Judicial Records shall thereupon fix a time and place for hearing, which hearing shall be not later than thirty (30) days after demand therefor.

WARNINGCivil cases

Each party must receive at least ten days’ notice of the hearing.

Each party shall be given at least ten (10) days notice of the hearing.