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

CRITICALCivil cases

The certificate of service must be appended to the petition or filed at the same time as the petition.

(2) A certificate of service, listing the names and addresses of those individuals and entities receiving notice of the filing of the petition, shall be appended to, or filed contemporaneously with, the petition.

CRITICALCivil cases

Judgment on a verdict cannot be entered during the time allowed for specified post-verdict motions.

Judgment shall not be entered on a verdict within the time allowed for motions for judgment n.o.v., for new trial, or for arrest of judgment, nor until the party obtaining the verdict shall have paid the prothonotary the required jury fee as provided by law.

CRITICALCivil cases

The filing date and time are those registered by the court’s computer system.

The time and date of the filing shall be that registered by the court’s computer system.

WARNINGCivil cases

The court will take no action before a petition is filed of record, except in unusual circumstances.

The court will take no action until a petition has been filed of record, except in unusual circumstances.

WARNINGCivil cases

The court will not act on the motion until it is filed of record, except in unusual circumstances.

The court will take no action until the motion has been filed of record, except in unusual circumstances.

WARNINGCivil cases

The filing party is responsible for transmission delays and document legibility, except for delays caused by court-website failure.

A filing party shall be responsible for any delay, disruption, or interruption of electronic transmission, and for the legibility of the document electronically filed, except for delays caused by the failure of the court’s website.

WARNINGCivil cases

A party may move for priority trial status after the pleadings close, after 60 days from filing the complaint, or at any time with all other parties’ consent.

Any party to an equity proceeding who desires that the case be advanced for early trial listing may request by motion that the case be given priority trial status (1) after the pleadings are closed (2) after 60 days from the filing of the complaint or (3) at any time with the consent of all other parties to the action.

CRITICALCivil cases

An auditor or master must file the report within 90 days of appointment unless the court extends the deadline upon request.

An auditor or master shall file his or her report within 90 days after his or her appointment, unless the court extends the time upon request.

CRITICALCivil cases

Discovery must be completed within 240 days after the complaint is filed; further discovery requires a court order on good cause shown.

The parties shall complete discovery within 240 days from the filing of the complaint. Discovery will not be permitted after the 240 day period except by order of court upon good cause shown.

CRITICALCivil cases

Written notice must be mailed at least 20 days before the audit or the objection-filing date, depending on the county.

Written notice, as provided in subparagraph (a) of this Rule, shall be mailed at least 20 days prior to the audit in those counties having a separate Orphans’ Court Division or 20 days prior to the date by which objections must be filed in all other counties

CRITICALCivil cases

After a consensual continuance, the mediator must reschedule the mediation within 60 days and provide hearing notice to all counsel.

The mediator shall reschedule the case to be heard within 60 days, with notice of hearing to be provided to all counsel.

CRITICALCivil cases

After service of a notice requiring an original, the filing party must file the specified document with the clerk within 14 days.

Any party may require the filing party to file the original of a legal paper or exhibit by filing a notice to file with the clerk and serving a copy of the notice upon the filing party. The filing party shall file the specified document with the clerk within 14 days after service of the notice.

CRITICALCivil cases

The parties must choose an available mediator with no apparent conflict within 30 days after the referral order; if they cannot agree, the court appoints one.

The parties shall within 30 days after the date of the court order referring the case to mediation choose a mediator who is available during the appropriate period and has no apparent conflict of interest. If the parties are unable to choose a mutually acceptable mediator the court will appoint a mediator.

CRITICALCivil cases

A party may file exceptions to the arbitration award within 20 days after the award is filed, and only on the stated grounds.

Any party may file exceptions with the court from the decision of the Board of Arbitration within 20 days from the filing of the award for either or both of the following reasons and for no other:

CRITICALCivil cases

A subsequent pleading must be filed within 20 days after service of the preceding pleading, but is not required unless that pleading included a compliant notice to plead.

(d) Regardless of the residency of any interested party, each subsequent pleading shall be filed within 20 days after service of the preceding pleading, but no pleading need be filed unless the preceding pleading included a notice to plead that complies with the requirements of Rule 3.5(b)(1).

CRITICALCivil cases

The opposing party must file an answer or reply brief within 20 days after service, unless the court modifies the deadline.

The opposing party shall file an answer or reply brief to the motion within 20 days after service of the motion unless the time for filing the response is modified by court order.

CRITICALCivil cases

The certificate of service must be appended to or filed contemporaneously with the responsive pleading.

A certificate of service, listing the names and addresses of those individuals and entities receiving a copy of the responsive pleading shall be appended to, or filed contemporaneously with, the responsive pleading.

CRITICALCivil cases

If an audit is continued or the objection-filing date is extended, additional notice must be mailed to all initial recipients at least 20 days before the new audit or objection date.

If the audit of an Account is continued or the date for filing written objections is extended, additional notice shall be mailed at least 20 days prior to the date of the continued audit or the new date for filing written objections to all of those who initially received notice of the Account’s filing.

CRITICALCivil cases

A person seeking an issue to be granted must present a petition to the auditor within 48 hours after testimony on the disputed matter closes.

Any person desiring an issue to be granted shall present his petition to the auditor within 48 hours after the testimony in relation to the matter in dispute is closed,

CRITICALCivil cases

A party residing outside the United States has 60 days to file a responsive pleading to the citation or initiating petition.

A party residing outside of the United States shall have 60 days, rather than 20 days, within which to file a responsive pleading to the citation or the petition initiating the proceeding.

CRITICALCivil cases

The Board of Arbitration must file its award with the prothonotary within 7 days after making its decision.

The Board of Arbitration shall make their decision promptly and shall file their award with the prothonotary within 7 days after the making of their decision.

CRITICALCivil cases

The mediator must file a written report with the court within 5 days after mediation concludes.

Within 5 days of the conclusion of the mediation, the mediator shall file a written report with the court that includes the caption and case number, the date of the mediation, whether any follow up is scheduled, whether the case settled in whole or in part, and any stipulations the parties agree may be disclosed.

CRITICALCivil cases

If estate administration remains incomplete two years after death, the personal representative or counsel must file a report at that point and annually until completion, stating the reasonably expected completion date.

If administration of an estate has not been completed within two years of the decedent’s death, the personal representative or counsel shall file at such time, and annually thereafter until the administration is completed, a report with the Register showing the date by which the personal representative or his, her, or its counsel reasonably believes administration will be completed.

CRITICALCivil cases

Unless the court orders otherwise, identified interested parties or their identified representatives may file a responsive pleading within 20 days of the later of notice or filing.

(a) Unless the court orders otherwise, each interested party identified in the petition, or such interested party’s representative identified in the petition, may file a responsive pleading in accordance with these Rules within 20 days of the date of notice or the date of the filing, whichever is later.

CRITICALCivil cases

Estate-administration notice must be sent within three months after the grant of letters.

Within three (3) months after the grant of letters, the personal representative to whom original letters have been granted or the personal representative’s counsel shall send a written notice of estate administration in the form approved by the Supreme Court to:

CRITICALCivil cases

All parties must file a status report with the court administrator by the 180th day after the complaint is filed.

All parties shall file with the court administrator on or before the 180th day from the filing of the complaint a status report showing:

CRITICALCivil cases

If the case is not listed for trial by one or more of the parties within 30 days of the court’s final ruling on all dispositive motions

If the case is not listed for trial by one or more of the parties within 30 days of the court’s final ruling on all dispositive motions

CRITICALCivil cases

Deadline

3 business days

The court must give the proceeding enough precedence to render a decision within three business days after the application is filed.

The proceeding shall be given such precedence over other pending matters as will ensure that the court renders a decision within three business days of the date of the filing of the application.

CRITICALCivil cases

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

You have been sued in court. If you wish to defend against the claims 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you.

CRITICALCivil cases

The auditor may not file the report until 10 days after notifying appearing parties that it is available for inspection and will be filed on a given date, unless written exceptions are filed earlier.

The auditor shall not file his report until 10 days after he has notified all the parties who appeared before him that it is subject to their inspection, and that it will be filed on a given date, unless written exceptions are filed with him before that time.

CRITICALCivil cases

The required supplemental information must be provided forthwith after the party becomes aware of the need for the specified trial material.

If a party, in the exercise of reasonable diligence, first becomes aware after the pre- trial conference of the necessity or desirability of using a witness, an exhibit, a hypothetical question, plot or plan, he shall forthwith provide the court and other counsel with the same information with respect to such witness, exhibit, hypothetical question, plot or plan as is required on the pre-trial statement set forth in Pa.R.C.P. No. 212.2.

CRITICALCivil cases

The opposing party must file an amended complaint, answer, or reply brief within 20 days after service of the preliminary objections, unless a court order changes the deadline.

The opposing party shall file an amended complaint, answer or reply brief to the preliminary objections within 20 days after service of them unless the time for filing the response is modified by court order.

CRITICALCivil cases

Applies to

Motion

The parties must file all dispositive motions within 120 days after discovery closes.

The parties shall file all dispositive motions within 120 days of the close of discovery.

CRITICALCivil cases

Upon completing estate administration, the personal representative or counsel must file a report with the Register; the report’s required contents continue beyond this excerpt.

Upon completion of the administration of an estate, the personal representative or his, her or its counsel shall file with the Register a report showing:

CRITICAL

Deadline

5 business days

The final custodian must file the submitted exhibits and index within five business days after the proceeding concludes.

(c) If multiple custodians are involved with a proceeding, the first custodian shall provide the subsequent custodian (and so on, if more than two custodians) with the submitted exhibits and index of exhibits. The custodian at the conclusion of the proceeding shall file with the appropriate records office all submitted exhibits and index of exhibits within 5 business days of the conclusion of the proceeding.

CRITICALCivil cases

The petition for adjudication or statement of proposed distribution must be filed with the clerk when the Account is filed.

(a) A petition for adjudication/statement of proposed distribution shall be filed with the clerk at the time of filing an Account.

CRITICALCivil cases

No further action may be taken until 20 days after the last publication.

No further action can be taken until 20 days after the last publication.

CRITICALCivil cases

A person seeking to be excused from in-person mediation must file a motion at least 10 days before mediation.

A person seeking to be excused must file a motion with the court no fewer than 10 days before the date set for the mediation, simultaneously copying all counsel and the mediator.

CRITICALCivil cases

The personal representative or counsel must file a certification of required notice with the Register within ten days after giving notice.

Within ten (10) days after giving the notice required by paragraph (a) of this Rule, the personal representative or the personal representative’s counsel shall file with the Register a certification that notice has been given as required by this Rule.

CRITICALCivil cases

The proof of service must be filed no later than the date the responsive pleading is due.

(7) Proof of service of the citation shall be filed with the clerk on or before the date when a responsive pleading is due.

CRITICAL

Deadline

5 business days

The custodian must file the specified exhibits and index within five business days after the proceeding concludes.

(a) If only one custodian is involved with a proceeding, they shall file with the appropriate records office (Prothonotary / Clerk of Courts or Orphan's Court) all submitted exhibits, with the exception of non-documentary exhibits, and index of exhibits within 5 business days of the conclusion of the proceeding.

CRITICALCivil cases

Objections to an auditor’s report must be made within 10 days; absent objection it becomes absolute without further order, and timely objections or exceptions are treated as renewed exceptions and placed on the argument list.

The auditor shall file his completed report with the prothonotary, who shall mark it confirmed nisi, which confirmation shall become absolute, without further order, if no objection thereto is made within 10 days. If objection to the report is made, it shall be treated as renewal of the exceptions filed by the party with the auditor; and in this case or if exceptions are filed with the prothonotary within this ten day period, the prothonotary shall enter the case on the argument list to be taken up in due course.

CRITICALCivil cases

The pre-trial statement must be submitted three days before the scheduled pre-trial conference.

Three days prior to the date scheduled for the pre-trial conference each party shall submit to the court and to other counsel of record a pre-trial statement containing those items set forth in Pa.R.C.P. No. 212.2.

CRITICALCivil cases

A party may file exceptions to a bill of costs within 10 days after service; failing to do so waives all objections.

The party upon whom a bill of costs has been served may, within 10 days after such service, file exception thereto, and the issue shall be determined by the court. Failure to file exception within 10 days shall be deemed a waiver of all objections.

CRITICALCivil cases

A party seeking reconsideration of an order entered without oral argument must file the application within 10 days after the decision is filed, and the court must hear oral argument on the application.

If an order is entered without oral argument, the court shall hear oral argument on an application by any party for reconsideration of such order. The application for reconsideration shall be filed within 10 days after the filing of the decision.

CRITICALCivil cases

The application for reconsideration shall be filed within 10 days after the filing of the decision.

The application for reconsideration shall be filed within 10 days after the filing of the decision.

CRITICALCivil cases

An appeal to the Court of Common Pleas from the appraisal or designation must be taken within 48 hours thereof.

The sheriff following an appraisal or designation shall immediately thereafter and before sale give notice thereof by first class United States mail to all interested parties of the appraisal or designation, which notice shall set forth the right of appeal to the Court of Common Pleas within 48 hours thereof.

CRITICALCivil cases

A party may amend without another party’s consent or leave of court within 20 days after service of preliminary objections, making objections to the original pleading moot.

(1) A party may file an amended pleading, without consent of any other party and without leave of court, within 20 days after service of the preliminary objections. If a party files an amended pleading, the preliminary objections to the original pleading shall be deemed moot.

CRITICALCivil cases

An amended or new petition allowed or required by the court must be filed within 20 days after entry of the order, unless the court directs another time.

(2) If the filing of an amended petition or a new petition is allowed or required, it shall be filed within 20 days after entry of the order concerning such amended or new petition or within such other time as the court shall direct.

CRITICALCivil cases

The notice must allow a written response within 20 days after notice or by the pleading’s filing date, whichever is later.

within twenty (20) days from the date of notice or on or before the date when the pleading is to be filed, whichever is later

CRITICALCivil cases

The certificate of service and notice copy must be appended to the petition or filed with the clerk before the applicable audit date or by the objection-filing date.

A certificate of service and a copy of the notice shall be appended to the petition for adjudication/statement of proposed distribution or filed with the clerk prior to the audit or continued audit date, in those counties having a separate Orphans’ Court Division, or by the date when objections must be filed in all other counties.

CRITICALCivil cases

A party seeking to participate in argument or a hearing by advanced communication technology must file a motion no later than the 10th day before it, unless good cause supports late filing.

Any party wanting to participate in any argument or hearing utilizing advanced communication technology shall file a motion not later than the 10th day preceding the argument or hearing unless good cause can be shown for the late filing of the motion.

CRITICALCivil cases

A petition to extend the surviving spouse’s election period must be filed with the clerk of the county where the will was probated before the six-month period expires.

(b) A petition for the extension of the time in which the surviving spouse may file an election to take against the will and other conveyances shall be filed prior to the expiration of six months as provided in 20 Pa.C.S. § 2210 with the clerk of the county where decedent’s will was probated.

CRITICALCivil cases

If preliminary objections are overruled, the objecting party may file an answer within 20 days after entry of the order or within another time directed by the court.

(1) If the preliminary objections are overruled, the party who filed the preliminary objections shall have the right to file an answer within 20 days after entry of the order overruling the preliminary objections or within such other time as the court shall direct.

CRITICALCivil cases

If filed, answers to objections, preliminary objections to objections, and answers to preliminary objections are due within 20 days after service of the preceding pleading.

(c) If filed, answers to objections, preliminary objections to objections, and answers to preliminary objections must be filed within 20 days after service of the applicable preceding pleading, with a copy served upon the accountant, if applicable, and to each interested party and claimant who received the notice pursuant to Rule 2.5, or to his or her counsel, if represented.

CRITICALCivil cases

A party seeking Pa.R.C.P. 238 damages must submit the required statement to the Board of Arbitration in a sealed envelope at the conclusion of the hearing.

Any party seeking damages under Pa.R.C.P. 238 (relating to award of damages for delay in an action for bodily injury, death or property damage) shall at the conclusion of the hearing submit to the Board of Arbitration, in a sealed envelope, a statement substantially in the form shown below.

CRITICALCivil cases

Mediation must be held within 90 days after the court's referral order.

All mediations shall be held within 90 days of the court’s order referring the case to mediation.

CRITICALCivil cases

Filing a motion for reconsideration does not toll the appeal period unless the court grants the motion before that period expires.

The period for filing an appeal is not tolled by the filing of a motion for reconsideration unless the court grants the motion for reconsideration prior to the expiration of the appeal period.

CRITICALCivil cases

Objections must be filed with the clerk by the audit date or a specified date, depending on the county.

Objections to an Account and/or a petition for adjudication/statement of proposed distribution shall be filed with the clerk on or before the time and date of the audit in those counties holding an audit, and by a specified date in all other counties, with a copy sent by first-class United States mail, postage prepaid, to the accountant or

CRITICALCivil cases

For an arbitrable case, the parties must list it for arbitration within 30 days after the court’s final ruling on all dispositive motions to avoid possible court listing.

If the case is arbitrable under Rule L1301.1 and not listed for arbitration by one or more of the parties within 30 days of the court’s final ruling on all dispositive motions

CRITICALCivil cases

A party opposing a listing initiated by Praecipe for Arbitration must file objections within 10 days thereafter.

who, if for any reason oppose such listing, shall within 10 days thereafter file their objection(s).

CRITICALCivil cases

A party opposing a court-ordered arbitration listing must file objections within 10 days thereafter.

Counsel or any party who for any reason oppose such listing, shall within 10 days thereafter file their objection(s).

CRITICALCivil cases

The court reporter must deliver the transcribed testimony to the clerk by 5:00 p.m. on the business day after receiving the notice of appeal.

Pa.R.A.P. 3804 requires that the court reporter, without charge to the applicant, transcribe the notes of testimony and deliver them to the clerk of the court by 5:00 o’clock p.m. of the business day following receipt of the notice of appeal to the Superior Court.

WARNINGCivil cases

Unless the court retains them, the filing party must keep certified originals and filed exhibits for five years after final disposition.

Unless retained by the court, the filing party shall maintain the original of all documents so certified, together with any exhibits filed, for 5 years after the final disposition of the case.

WARNINGCivil cases

A party may move for summary judgment after the relevant pleadings close, provided the motion will not unreasonably delay a hearing.

After the relevant pleadings are closed, but within such time as not to unreasonably delay a hearing, any party may move for summary judgment in whole, or in part, as a matter of law in the manner set forth in Pa.R.C.P. Nos. 1035.1, 1035.2, and 1035.4.

WARNINGCivil cases

A case may be listed for arbitration after the pleadings have been closed for 30 days.

After the pleadings have been closed for 30 days cases may be listed for arbitration

WARNINGCivil cases

The court may direct a party to file an original with the clerk by the time stated in its order.

The court for any reason may direct any party to file the original of a legal paper or exhibit with the clerk within the time specified in the order.

WARNINGCivil cases

In all cases the filing of proposed findings of fact, conclusions of law and a memorandum of support shall be permitted and encouraged. The findings of fact, conclusions of law and memorandum shall be filed with the prothonotary in advance of the arbitration hearing

In all cases the filing of proposed findings of fact, conclusions of law and a memorandum of support shall be permitted and encouraged. The findings of fact, conclusions of law and memorandum shall be filed with the prothonotary in advance of the arbitration hearing

WARNINGCivil cases

and all jury cases should be tried or otherwise disposed of within 18 months/540 days after initial filing. It is contemplated that there will be instances when a shorter or longer timetable will be indicated. In these instances the court will enter an appropriate order pursuant to subsection (11) of this rule.

and all jury cases should be tried or otherwise disposed of within 18 months/540 days after initial filing. It is contemplated that there will be instances when a shorter or longer timetable will be indicated. In these instances the court will enter an appropriate order pursuant to subsection (11) of this rule.

WARNINGCivil cases

A party may move for judgment on the pleadings after the relevant pleadings close, provided the motion will not unreasonably delay the hearing.

After the relevant pleadings are closed, but within such time as not to unreasonably delay the hearing, any party may move for judgment on the pleadings.

WARNINGCivil cases

An interested party identified in the citation, or its identified representative, may file a responsive pleading by the date stated in the citation.

(8) Each interested party identified in the citation, or such interested party’s representative identified in the citation, may file a responsive pleading in accordance with these Rules on or before the date provided in the citation.

INFOCivil cases

The court normally decides a motion for judgment on the pleadings submitted on the papers within 30 days after the reply brief is filed.

A Motion for Judgment on the Pleadings decided on the papers filed of record or on such briefs or memorandums of law as may be filed by the parties will normally be decided within 30 days of the date on which the reply brief is filed.