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

INFOCivil cases

Argument Court is held on the first Monday of each month unless the Court specially orders otherwise in a particular case.

Argument Court shall be held on the first Monday of each month unless otherwise specially ordered by the Court in any particular case.

CRITICALCivil cases

A party objecting to trial readiness must file a written objection within ten days after the order is entered.

Any party who does not agree with the readiness of the case for trial shall file a written objection within ten (10) days of the entry of the order.

CRITICALCivil cases

A recipient has 30 days to respond to the notice by filing a Statement of Intention to Proceed.

“You have thirty (30) days to respond to this Notice by filing a Statement of Intention to Proceed pursuant to Pa.R.C.P. Rule 230.2(g).”

CRITICALCivil cases

The transcript must be paid for and filed within 30 days after the court reporter’s letter.

the transcript must be paid for and filed within thirty (30) days of the date of the letter

CRITICALCivil cases

Appraisers must file the appraisal of the claimed property with the Clerk within 30 days after appointment.

The appraisers shall, within thirty (30) days after their appointment, file with the Clerk an appraisal of the property claimed.

CRITICALCivil cases

A written objection stating good cause must be filed within 30 days to avoid termination of the matter if no other action is taken.

If no action is taken, or no written objection stating good cause is filed in such matter within 30 days, the Clerk of the Orphans’ Court shall enter an order terminating the matter.

CRITICALCivil cases

When a non-moving party files the scheduling praecipe, the moving party must file its brief with the Court Administrator within 15 days after the praecipe is filed.

(2) When a non-moving party files a scheduling praecipe, the moving party shall file with the Court Administrator and with all other parties a brief within fifteen (15) days after filing of the praecipe.

CRITICALCivil cases

Supplemental filing and service less than 48 hours before trial opens do not comply with the rule.

Filing and service less than forty-eight hours before the opening of the trial shall not be deemed compliance with this subsection.

CRITICALCivil cases

Fiduciary accounts must be presented for confirmation at the date and time stated in the Annual Court Calendar, unless the Court directs otherwise.

The accounts of fiduciaries shall be presented to Court for confirmation at the date and time set for confirmation of accounts by the Court as set forth in the Annual Court Calendar, unless otherwise directed by the Court.

CRITICALCivil cases

A party may file objections to the conciliator’s report and recommendation within 14 days after it is filed.

Any party may file objections to the report and recommendation of the conciliator within fourteen (14) days of the filing of the master’s report and recommendation.

CRITICALCivil cases

Each party must file a Pre-Hearing Memorandum within 14 days of the disposition hearing and serve it on all other parties.

Each party shall file a Pre-Hearing Memorandum within fourteen (14) days of the disposition hearing, serving a copy of their Memorandum on all other parties.

CRITICALCivil cases

In a regular case, summary judgment motions must be filed within eight months of the case management order.

that all summary judgment motions be filed within eight (8) months of the date of the order

CRITICALCivil cases

Masters' reports must be filed in open court at the time and date set by the master under the rules.

All report of masters shall be filed in open court at the time and date set by the master pursuant to these Rules.

CRITICAL

A required 75% transcript deposit after denial or partial grant of a waiver is due within three business days after the hearing.

If the waiver is not granted or a partial waiver is granted, then the requesting party shall pay a deposit equal to 75% of the estimated cost of the transcript within three (3) business days of said hearing.

CRITICALCivil cases

Unless the Court extends the deadline or sets a separate one, expert reports are due within 30 days after discovery closes.

In the absence of a separate deadline for expert reports, all expert reports shall be due no later than thirty (30) days after the close of discovery unless extended by the Court.

CRITICALCivil cases

If court-authorized withdrawals were made from the account during the minor’s minority, the guardian must file a petition for discharge when the minor attains majority.

If, upon subsequent order of the Court, withdrawals have been made from the account during minority, the guardian shall file a petition for discharge upon the minor attaining his majority.

CRITICALCivil cases

The citation must require verification of the petition’s averments by a specified day no earlier than 20 days after service.

verification to the averments of the petition, on or before a day certain which shall not be less than twenty (20) days after the service thereof, and to show cause as the decree of the Court shall provide.

CRITICALCivil cases

If appointed, the appraisers must file the appraisal with the Clerk within 30 days after appointment.

Upon petition the Court may appoint two (2) appraisers who shall, within thirty (30) days after their appointment, file with the Clerk an appraisal of the property claimed.

CRITICALCivil cases

Exceptions to a master's report must be filed with the Prothonotary by the deadline prescribed by law.

Exceptions to a master's report must be filed with the Prothonotary within the time prescribed by law.

CRITICALCivil cases

The moving party must file its brief when presenting its Argument Court scheduling praecipe.

(1) When a moving party files a scheduling praecipe for Argument Court, the moving party’s brief shall be filed with the Court Administrator at the time the scheduling praecipe is presented, and the moving party shall serve copies of the brief on opposing counsel and unrepresented parties.

CRITICAL

Deadline

5 business days

The Custodian at the conclusion of a proceeding must file the exhibit index within 5 business days after the proceeding concludes.

The Custodian at the conclusion of the proceeding shall be responsible for filing an index of exhibits with the appropriate records office within 5 business days of the conclusion of the proceeding.

CRITICALCivil cases

The filing deadline for proof of service is on or before the citation’s return date.

Proof of service of the citation shall be filed with the Clerk on or before the return date of the citation.

CRITICALCivil cases

The appellant must present a petition to the Court within 30 days after filing the notice of appeal.

Within thirty (30) days from the filing of the notice of appeal, the appellant shall present a petition to the Court which shall set forth:

CRITICALCivil cases

All other parties must file their briefs with the Court Administrator within 15 days after service.

All other parties shall file with the Court Administrator a brief within fifteen (15) days after service.

CRITICALCivil cases

The specified counsel or parties must submit briefs at least 15 days before Argument Court.

At least fifteen (15) days before the date of Argument Court, it shall be the duty of counsel for the rule or motion, or petitioner, objector or

CRITICALCivil cases

Defendants must act as directed in the attached Notice to Defend within 20 days of the order.

Defendant(s) is/are advised that within twenty (20) days of the date of this Order (he/she/they) must act as set forth in the Notice to Defend that was attached to the Complaint in Mortgage Foreclosure that was served on (him/her/them) by Plaintiff.

CRITICALCivil cases

For a case commenced by writ of summons, a status conference cannot be scheduled until a complaint or motion for status conference is filed, whichever occurs first, or a party files an objection to termination for inactivity under the cited rule.

If a case is commenced via writ of summons, a status conference shall not be scheduled until either a complaint is filed or any party files a motion for status conference, whichever is earlier, or upon a party filing an objection to termination for inactivity pursuant to PA Rule of Judicial Administration 1901.

CRITICALCivil cases

A fiduciary selling real property in a partition proceeding must file an account after the sale is completed.

The fiduciary selling real property in a partition proceeding shall file an account after the sale is completed.

CRITICALCivil cases

A recipient must respond to the Notice within thirty days by filing a Statement of Intention to Proceed.

You have thirty (30) days to respond to this Notice by filing a Statement of Intention to Proceed pursuant to Pa.R.C.P. Rule 230.2(g).

CRITICALCivil cases

Discovery responses must be furnished within 45 days of the request date.

Responses to discovery shall be furnished within forty-five (45) days of the date of the requests.

CRITICALCivil cases

The Conciliator must schedule a conciliation conference within the stated period after the appeal is filed.

The Conciliator shall schedule a conciliation conference within one hundred and twenty (150) days of the filing of the appeal.

CRITICALCivil cases

A claim solely for money may be made at or before the fiduciary-account audit, but no payment may be made to the spouse until the money is shown not to be needed for debts.

If the entire claim is for money, which need not be appraised, claim may be made at or before the audit of the fiduciary’s account, provided no payment shall be made to the spouse until it appears that the money claimed is not required for payment of debts.

CRITICALCivil cases

Cases for argument must be placed on the argument docket by praecipe at least 30 days before argument day.

All cases for argument shall be placed on the argument docket at least thirty (30) days prior to the argument day by a praecipe as set forth in subsection (b) below.

CRITICALCivil cases

In a complex case, summary judgments must be filed within seventeen months of the case management order.

that all summary judgments be filed within seventeen (17) months of the date of that order

CRITICALCivil cases

Failure to file an exception within ten days waives all objections to the bill of costs.

Failure to file exception within ten (10) days shall be deemed a waiver of all objections.

CRITICAL

Deadline

5 business days

When a fee waiver is requested, the District Court Administrator must schedule a hearing before the presiding judge within five business days after the motion is filed.

If a fee waiver is requested, the District Court Administrator shall schedule a hearing to be held within five (5) business days after the filing of said motion to be heard by the presiding judge.

CRITICAL

If the juvenile is ineligible for diversion or the juvenile or family fails to comply with the plan, MCJPD may file an Application for Private Petition and commence proceedings within fourteen days.

Should the juvenile be determined ineligible for a diversionary plan and/or the juvenile and/or juvenile’s family fail to comply with the diversionary plan established by MCJPD, then pursuant to Pa. R.J.P. 1320, MCJPD may file with the Clerk of Courts an Application for Private Petition to the Mercer County Children and Youth Services (MCCYS) and commence such proceedings, within a period of fourteen days, pursuant to Pa. R.J.P. 1321.

CRITICALCivil cases

Matters scheduled by praecipe require a praecipe filed with the Prothonotary and signed by counsel of record or a self-represented party; it may be filed no sooner than 30 days after preliminary objections or a summary judgment motion, while other matters may be praeciped at any time.

Matters for Argument Court and all other matters to be scheduled by praecipe shall be scheduled by filing a praecipe with the Prothonotary signed by counsel of record or a self-represented party no sooner than 30 days after the filing of preliminary objections or 30 days after the filing of a motion for summary judgment or at any time for any other matters to be scheduled by the court.

CRITICALCivil cases

A case must be placed on the Argument List by praecipe to the Clerk at least 30 days before argument.

All cases for argument shall be placed on the Argument List at least thirty (30) days prior to the argument by praecipe to the Clerk.

CRITICALCivil cases

For eligible defendants who satisfy the stated participation conditions, the counselor must file the Certificate of Participation within 30 days after service of the Complaint and URGENT NOTICE.

If the Defendant(s) call Housing Opportunities, Inc., and if the Defendant(s) attend a meeting with a Housing Opportunities Counselor, and if the Housing Opportunities Counselor makes a determination that the Defendant(s) is/are eligible to participate in the Mercer County Mortgage Foreclosure Conciliation Program, the Housing Opportunities Counselor shall secure the signature(s) of the Defendant(s) on a “Certificate of Participation”; file the same with the Prothonotary of Mercer County; and serve a copy thereof in the Court Administration Office of Mercer County, all within thirty (30) days following service of the Complaint and URGENT NOTICE upon the Defendant(s).

CRITICALCivil cases

If no transcript is filed within 60 days after objections are filed, the court reporter must send notice that the transcript must be paid for and filed within 30 days or the objections will be overruled with prejudice.

If no trial transcript is filed within sixty (60) days of the date the Objections were filed, the court reporter shall send the objecting party a letter, with copies to all counsel and parties not represented by counsel, stating that the transcript must be paid for and filed within thirty (30) days of the date of the letter, and that if no transcript is filed within the time period, then a court order shall be issued overruling the objections with prejudice.

CRITICALCivil cases

The objecting party must file a Brief in Support of Objections and a Praecipe for Argument Court within 20 days after the transcript is filed of record.

Within twenty (20) days of the date on which the transcript is filed of record the objecting party shall file a Brief in Support of Objections along with a Praecipe for Argument Court.

CRITICALCivil cases

If the objecting party misses the deadline for its supporting brief, a non-objecting party may move to compel; if the brief is not filed within 20 days of the resulting order, the objections will be overruled with prejudice.

If an objecting party fails to timely file its Brief in Support of Objections any non- objecting party may file a motion to compel after which the court will issue an order directing that if the objecting party’s brief is not filed within twenty (20) days of the date of the order that the objections will be overruled with prejudice.

CRITICALCivil cases

An answer to a rule-to-show-cause petition is due within 20 days after service, unless the Court sets a shorter period or dispenses with an answer in appropriate circumstances.

The rule shall direct that an answer be filed to the petition within (20) days after service of the petition on the respondent. The Court may, in appropriate circumstances, direct that an answer be filed within a shorter period of time, or dispense with the necessity of filing an answer altogether.

CRITICALCivil cases

Applicable responses to the discovery requests must be furnished to the requestor within 45 days after receipt.

Pursuant to Rule L5006(b) all applicable responses to these Discovery Requests must be furnished to the requestor within forty-five (45) days after the receipt of these Requests.

CRITICALCivil cases

The Certification of Participation must be returned and filed with the Mercer County Prothonotary within 30 days after service of the Complaint and URGENT NOTICE.

Must be returned and filed with the Prothonotary of Mercer County within thirty (30) days following service of the Complaint and URGENT NOTICE upon Defendant(s).

CRITICALCivil cases

If the appeal is not resolved at the conciliation conference, the Conciliator must schedule a disposition hearing within 60 days.

In the event the appeal is not resolved at the conciliation conference, the Conciliator shall schedule a disposition hearing within sixty (60) days

CRITICALCivil cases

A taxing authority or other interested party may intervene by filing a Notice of Intervention with the Prothonotary within twenty days after receiving notice of the appeal.

(a) Any taxing authority or other interested party who wishes to participate in the appeal may intervene as a matter of course by filing a Notice of Intervention with the Prothonotary within twenty (20) days of receiving notice of the appeal.

CRITICALCivil cases

All other parties must file their briefs with the Court Administrator and all other parties within 10 days of receiving the moving party’s brief.

All other parties shall file with the Court Administrator and all other parties a brief within ten (10) days of receipt of the moving party’s brief.

CRITICALCivil cases

A status conference must be held between 60 and 90 days after the complaint is filed.

A status conference shall be held no sooner than 60 days after the filing of the complaint nor later than 90 days.

CRITICALCivil cases

Objections to an appraisement must be filed with the Clerk before confirmation.

Objections to an appraisement shall be filed with the Clerk before confirmation.

CRITICALCivil cases

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

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 forty-eight (48) hours thereof.

CRITICALCivil cases

It shall be the duty of the plaintiff, if he desires to make answer to the petition, to file said answer within twenty (20) days after service of the petition and order upon him or his attorney of record, unless the period for filing of an answer is otherwise ordered by the court

It shall be the duty of the plaintiff, if he desires to make answer to the petition, to file said answer within twenty (20) days after service of the petition and order upon him or his attorney of record, unless the period for filing of an answer is otherwise ordered by the court

CRITICALCivil cases

Counsel must present the pre-trial statement to the court at least five business days before the pre-trial conference.

(c) At least five (5) business days prior to the pre-trial conference, each counsel of record representing a party to the action shall present to the court, and serve a copy on all other counsel, a pre-trial statement conforming with the requirements of Pa.R.Civ.P 212.2 , and shall also include:

CRITICALCivil cases

A party objecting to the case being ready for trial must file a written objection to the certification within ten days after the order is entered.

IT IS HEREBY ORDERED AND DECREED that any party who does not agree with that the case is ready for trial shall file a written objection to the certification within ten (10) days of the entry of this Order.

CRITICAL

Deadline

5 business days

The Custodian must file an index of all submitted exhibits on a compliant form within 5 business days after the proceeding concludes.

Within 5 business days of the conclusion of a court proceeding, the Custodian shall file an index of all submitted exhibits with the appropriate records office, on a form that complies with Pa.R.J.A. 5102(b)(2).

CRITICALCivil cases

A party objecting to the Master’s Report must file Objections with the Mercer County Prothonotary within 30 days after receiving the Notice.

Any party objecting to the Master’s Report shall file Objections with the Mercer County Prothonotary within thirty (30) days of the receipt of this Notice.

CRITICALCivil cases

Auditors' reports must be filed in open court at the time and date set by the auditor under the rules.

All reports of auditors shall be filed in open court at the time and ate set by the auditor, pursuant to these Rules.

CRITICALCivil cases

Responding parties must file their Briefs in Opposition to Objections within 20 days after the objecting party files its supporting brief.

Within twenty (20) days after the objecting party has filed its Brief in Support of Objections, all responding parties shall file their Briefs in Opposition to Objections.

WARNINGCivil cases

The counter praecipe must be filed promptly when the objection concerns another assertion in the praecipe.

(b) If an objection relates to any other assertion in the praecipe, the objecting party shall promptly file a counter praecipe stating only the matter challenged.

WARNINGCivil cases

An untimely Certificate of Participation and program participation are allowed only with leave of court.

If the “Certificate of Participation” is not filed within the thirty (30) day time period set forth in Paragraph 2, the filing of an untimely “Certificate of Participation” and participation in the Residential Mortgage Foreclosure Conciliation Program shall be allowed upon leave of Court only.

WARNINGCivil cases

Each party may strike one attorney from the list and return it to the court administrator within five days of receipt.

Each such party may strike off one (1) attorney so named and return the list to the court administrator within five (5) days of receipt.

WARNINGCivil cases

If the decedent’s gross, real, and personal estate does not exceed the statutory limitation, the personal representative may petition after one year from the first complete advertisement of the grant of letters.

When the value of the gross, real, and personal estate of a decedent does not exceed the value of the statutory limitation, the personal representative, after the expiration of one (1) year from the first complete advertisement of the grant of letters, may present a petition to the Court with an account attached under the provisions of Section 3531 of the Probate, Estate and Fiduciaries Code (20 Pa.C.S.A. § 3531).

WARNINGCivil cases

An objection to a praecipe's assertion that a case is ready for disposition must be made promptly.

If the objection is to an assertion in the praecipe of readiness of the case for disposition by the court, the objection shall be made promptly

WARNING

Deadline

24 hours

The District Court Administrator must orally provide the requester the estimated transcript cost within 24 hours after the motion is filed.

The District Court Administrator shall contact the assigned court reporter to determine the estimated cost of the transcript and provide that amount orally to the requesting party within 24 hours of the filing of the motion.

WARNINGCivil cases

The Prothonotary must notify the Mercer County Court Administrator within five days after every new civil complaint is filed.

The Prothonotary of Mercer County shall notify the Mercer County Court Administrator within five (5) days of the filing of every new civil complaint.

WARNINGCivil cases

A party served with a bill of costs may file exceptions within ten days after service for determination by the court.

The party upon whom a bill of costs has been served may, within ten (10) days after such service, file exception thereto, and the issue shall be determined by the court.

WARNINGCivil cases

An interested party may file preliminary exceptions to the report before its fixed filing date.

Any party interested may file preliminary exceptions to the report, before the day fixed for the filing thereof.

WARNING

The notice-to-transcribe date for an appeal is the date of the post-appeal conference.

The date of notice to transcribe for appeal shall be the date of the post-appeal conference.