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

CRITICAL

An accepted paper is deemed filed when received by the portal, but an unpaid paper is deemed accepted when payment is received, and the Clerk may refuse it subject to the fee-waiver exception.

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 Court Pro E-Filing Portal; provided, however, that if a legal paper is submitted without the requisite fee, the legal paper shall be deemed to have been accepted for filing as of the date payment was received. Except as provided by Pa.R.Civ.P. 240(c)(1)(i) pertaining to petitions to waive fees and costs, the Clerk of Orphans’ Court is authorized to refuse for filing a legal paper submitted without the requisite payment.

CRITICAL

Upon receiving an electronic filing, the Prothonotary’s Office must notify the filer of the receipt date and time.

Upon receipt of an electronic filing, the Prothonotary’s Office shall provide the filing party with an e-mail notification, or automated notification from the C-Track E-Filing Portal, which includes the date and time the document was received by the C-Track E-Filing Portal.

CRITICAL

Required attachments and exhibits must be filed at the same time as the legal paper.

Attachments, including exhibits, that are a required part of any filing, shall be filed electronically at the same time as the legal paper.

CRITICAL

A legal paper submitted without its required fee is deemed accepted for filing on the date payment is received.

provided, however, that if a legal paper is submitted without the requisite fee, the legal paper shall be deemed to have been accepted for filing as of the date payment was received.

CRITICAL

An accepted legal paper is deemed filed on the date and time the C-Track Portal received it.

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 C-Track E-Filing Portal;

CRITICAL

The motion for leave to file the exhibit must be filed promptly.

The proponent of the exhibit shall promptly file a motion for leave to file the exhibit with the Court.

CRITICAL

After reviewing an electronic filing, the Prothonotary’s Office must notify the filer whether it was accepted or refused and state the reason for any refusal.

After review of the electronic filing, the Prothonotary’s Office shall provide the filing party with a second e-mail notification, or automated notification from the C-Track E-Filing Portal, that the document has been accepted for filing (“filed”) or refused and not accepted for filing and the reason.

WARNING

All dispositive motions must be filed by the date entered in the form.

All dispositive motions shall be filed by , 20 .

WARNING

Points for charge shall be provided to the Court as early as practicable and may be supplemented prior to closing arguments of counsel.

Points for charge shall be provided to the Court as early as practicable and may be supplemented prior to closing arguments of counsel.

CRITICAL

Discovery must be complete and motions to compel filed by the milestones listed for each case track: six months for Fast Track, 12 months for Standard Track, and 18 months for Complex Track.

Discovery complete; 6 months 12 months 18 months motions to compel filed

CRITICAL

The guardian must file a notice of death within sixty days of the incapacitated person's death.

Upon the death of the incapacitated person, the guardian shall file a notice of death within sixty (60) days of the date of death, and otherwise comply with the requirements of Pa.O.C. Rule 14.8(a)(4).

CRITICAL

Written objections to a schedule must be filed within 20 days after the schedule is filed and identify how it is incorrect or fails to conform to the adjudication.

Written objections, if any, to a schedule of distribution shall be filed within twenty (20) days after the filing of the schedule and shall indicate in what respect the schedule is incorrect or fails to conform with the adjudication.

CRITICAL

A supplemental brief may be filed only with special allowance from the Court and within the time the Court directs.

No supplemental brief shall be filed except upon special allowance by the Court and within such time as the Court may direct.

CRITICAL

The respondent shall deliver his brief to the moving party and file a copy with the Prothonotary five (5) days before the

The respondent shall deliver his brief to the moving party and file a copy with the Prothonotary five (5) days before the

CRITICAL

Deadline

3 business days

A timestamped copy of the default judgment must be emailed to Court Administration at least three business days before the arbitration.

Thereafter, a timestamped copy of the default judgement must be emailed to Court Administration a minimum of three (3) business days prior to the arbitration.

CRITICAL

The District Attorney must submit the applicant’s fingerprints to the Pennsylvania State Police Central Repository within five days after their filing with the Clerk of Courts.

(i) within five (5) days after the filing of Applicant’s fingerprints with the Clerk of Courts, submit the fingerprints to the Pennsylvania State Police Central Repository for purposes of conducting a fingerprint comparison with the fingerprints of criminals now or hereafter filed in the Pennsylvania State Police data base.

CRITICALCivil cases

The settlement documents must be filed and delivered by close of business on the day before the scheduled hearing to waive the appearance.

Said appearance is waived if by the close of business on the day before the scheduled hearing the parties file with the Prothonotary and deliver to the hearing officer an executed divorce settlement agreement and affidavits of consent.

CRITICAL

If the Praecipe is not filed with the Joint Motion, the Plaintiff will be ordered to file it within 30 days.

If no Praecipe to Discontinue/Settle and End has been filed with the Joint Motion, the Plaintiff will be ordered to file one within thirty (30) days.

CRITICAL

The table lists the praecipe for arbitration filing milestone at nine months in the Fast Track column.

Praecipe for 9 months arbitration filed

CRITICAL

The deposit or partial payment is due within 14 days of the directing court order or when the notice of appeal is filed, whichever occurs first.

Such deposit or partial payment amounts shall be made within fourteen (14) days of the date of the court order directing deposit or partial payment amount or at the time a notice of appeal is filed, whichever is first.

CRITICAL

The District Court Administrator must file Form C within 30 days of delivery of the final transcript to the requesting party.

a. Within thirty (30) days of delivery of the final transcript to the requesting party;

CRITICAL

An appeal from compulsory arbitration must be placed by court order on the next trial list more than 60 days after the appeal date.

An appeal from compulsory arbitration pursuant to Pa.R.C.P. 1308 shall be placed by court order on the next trial list more than sixty days from the date of the appeal.

CRITICAL

Deadline

3 business days

A timestamped copy of the Joint Motion must be emailed to Court Administration at least three business days before the arbitration.

Thereafter, a copy of the timestamped Joint Motion must be emailed to Court Administration a minimum of three (3) business days prior to the arbitration.

CRITICAL

A hearing request must be made within 30 days after publication to avoid the no-hearing disposition process.

(iv) In the event a hearing is not requested within thirty (30) days of publication, the Magisterial District Judge shall:

CRITICALCivil cases

An objector must file a statement of objections within 20 days after service of the notice of intention.

If opposing counsel or any unrepresented party objects to the filing of the motion for the appointment of a divorce hearing officer, the objector shall, within 20 days of the service of the notice of intention to file motion for the appointment of a divorce hearing officer, file with the court a statement of objections which shall include the basis for objection and a statement of when the case will be ready for hearing officer’s hearing, along with a request for argument.

CRITICAL

Status reports are due within one year of the original Request and on each annual anniversary until the final report is filed.

Until the Authorized Representative files a final report, the Authorized Representative shall file with the Clerk of Orphans’ Court, a status report within one year of the original Request and on each annual anniversary of the filing of the Request.

CRITICAL

Applies to

Motion to compel

Discovery, including the filing of all motions to compel discovery, must be completed by the date specified in the case management order.

Discovery shall be completed by , 20 , including the filing of all motions to compel the production of discovery.

CRITICAL

The adoption investigation must be completed and filed no later than six months after the notice of intention to adopt is filed.

The investigation of adoption performed as required by 23 Pa.C.S.A. §2535 shall be completed and filed no later than six (6) months after the filing of the notice of intention to adopt filed under 23 Pa.C.S.A. §2531.

CRITICALCivil cases

A continuance motion must be filed no later than one week before the scheduled pretrial conference with the master, unless good cause is shown.

Motions for continuance of hearing officer’s hearings shall be filed no later than one week before the scheduled pretrial conference with the master, except for good cause shown.

CRITICAL

Any transcript balance is due within 30 days after Form A is filed or when a notice of appeal is filed, whichever occurs first.

Any balance shall be paid within 30 days of the filing of the Form A or at the time a notice of appeal is filed, whichever is first.

CRITICAL

An appeal from the Prothonotary’s taxation of a bill of costs must be filed within 30 days after the taxation is filed.

An appeal taken to the Court from the Prothonotary’s taxation of a bill of costs must be filed within 30 (thirty) days from the date of the filing of the Prothonotary’s taxation.

CRITICAL

An affidavit of service must be filed with the Prothonotary within five days from the date of the order setting the rule.

An affidavit of service shall be filed within five (5) days from the date of the order setting the rule with the Prothonotary.

CRITICAL

Plaintiff expert reports are due at the milestones listed for each case track: six months for Fast Track, 12 months for Standard Track, and 18 months for Complex Track.

Plaintiff expert 6 months 12 months 18 months reports

CRITICAL

If the balance owed is not paid within 30 days after Form A is filed, the District Court Administrator must file Form C.

b. When payment of the balance owed is not made within thirty (30) days from the date of filing of Form A – Notice of Completion of Transcript.

CRITICAL

To avoid dismissal of an inactive case, a written objection or statement of intention to proceed must be filed before the call, or good cause for continuing the matter must be shown at the call.

If no written objection or statement of intention to proceed is filed before the call, or if good cause for continuing the matter is not shown at the call, the Court shall enter an order dismissing the proceedings.

CRITICAL

The Unknown Distributees report must be filed with the Clerk no later than the filing of the account and statement of distribution.

The report shall be filed with the Clerk of the Orphans’ Court no later than the time of filing the account and statement of distribution.

CRITICALCriminal cases

House-arrest schedules must be submitted weekly by Wednesday at 4:00 p.m.; GPS Tracking Only supervision does not require a house-arrest schedule.

14. ☐ Schedules are required to be submitted weekly by Wednesday at 4:00 pm. GPS Tracking Only 15. ☐Under GPS Tracking Only supervision, you are not required to submit a house arrest schedule, but you are subject to a ____PM curfew. You are permitted general movement within your county of residence, except for any Court-ordered exclusion zones.

CRITICAL

The moving party must file a copy of its brief with the Prothonotary 15 days before the date set for argument.

Fifteen (15) days before the date set for argument, the moving party shall deliver a copy of his brief to the adverse party and file a copy with the Prothonotary.

CRITICAL

The Chairperson must email the completed form to the stated address no more than three business days after the arbitration.

The Chairperson shall send the completed form by email to Arbitrations@monroepacourts.us no more than three business (3) days following the arbitration.

CRITICAL

The guardian must file Form G-14.8(a)(6), listing the names and addresses of interested parties entitled to specified copies, within ten days after appointment.

In addition to the requirements of the Pa. O.C. Rules for Guardianship Reporting, the guardian shall, within ten (10) days of the appointment as guardian, file a “List of Interested Parties Requiring Notice,” using Form G-14.8(a)(6) provided in the Appendix to these rules, which shall include the names and addresses of all interested parties entitled to copies of the inventory, the annual reports of the guardian, and court orders.

CRITICAL

Applies to

Motion in limine

Motions in limine must be filed with the Prothonotary by the pretrial conference.

Motions in limine must be in writing and shall be filed with the Prothonotary no later than the pretrial conference.

CRITICAL

A case cannot be scheduled for arbitration until 30 days have expired from the most recent service of a complaint on an original or additional defendant or a counterclaim on the plaintiff.

No case shall be scheduled for arbitration until a. the expiration of 30 days from the most recent service either of (a) the complaint upon an original or an additional defendant; or (b) a counterclaim upon the plaintiff;

CRITICAL

The Commonwealth may appeal a determination to the Court of Common Pleas within the time period for Summary Appeals under the Rules of Criminal Procedure.

(D) The Commonwealth shall have the right to appeal any determination to the Court of Common Pleas within the time period for Summary Appeals pursuant to the Rules of Criminal Procedure.

CRITICAL

Defense expert reports are due at the milestones listed for each case track: eight months for Fast Track, 14 months for Standard Track, and 20 months for Complex Track.

Defense expert reports 8 months 14 months 20 months

CRITICALCriminal cases

The defendant may file an omnibus pretrial motion within thirty days commencing on the date of the waiver, unless the court extends the time by order.

and to file an omnibus pretrial motion within thirty (30) days, unless extended by order of court.

CRITICALCriminal cases

Deadline

72 hours

After consulting the judge, the Court Administrator must schedule the bench-warrant hearing as soon as possible and no later than 72 hours after the subject is lodged at the facility.

After consultation with the judge, the Court Administrator shall schedule a hearing to be held as soon as possible, but not later than 72 hours after the subject has been lodged at the Monroe County Correctional Facility.

CRITICAL

A request to be excused must be submitted to the mediator at least ten days before mediation, with all counsel copied at the same time.

A person seeking to be excused must submit, no fewer than ten (10) days before the date set for the mediation, a written request to the mediator, simultaneously copying all counsel.

CRITICAL

The motion informing the Court that the Authorized Representative wishes to cease involvement must be filed immediately.

If Authorized Representative wishes to cease being involved in this or other cases, it shall inform the Court immediately in writing by filing a motion with the Orphans’ Court.

CRITICAL

The brief or memorandum must be provided to the Court at the hearing, unless these rules or a court order specify otherwise.

Such brief or memorandum of law shall be provided to the Court at the time of the hearing unless otherwise specified by these rules or by order of court.

CRITICALCivil cases

If the parties settle on the record or by written divorce settlement agreement, the hearing officer must file a report and recommendation within thirty days of the scheduled hearing date.

Where parties settle on the record or by the filing of a written divorce settlement agreement, the hearing officer shall file a report and recommendation within thirty days of the scheduled hearing date.

CRITICAL

The Court Reporter/Recorder/Monitor must file an index of exhibits within five days after the proceeding concludes.

Within five days of the conclusion of a Court Proceeding, the Court Reporter/Recorder/Monitor shall file with the appropriate filing office an index of exhibits, which shall include for each exhibit the proponent, whether the exhibit was admitted into evidence, and a textual description or identification of the exhibit.

CRITICAL

For Standard and Complex Track cases, the table lists pretrial memoranda as due before the trial date under Pa.R.C.P. 212.1.

Pretrial Filed before trial Filed before trial memorandum due date as per date as per Pa.R.C.P. 212.1 Pa.R.C.P. 212.1

CRITICAL

Dispositive motions are due at the milestones listed for each case track: eight months for Fast Track, 14 months for Standard Track, and 20 months for Complex Track.

Dispositive 8 months 14 months 20 months motions

CRITICAL

If no party files an objection within 10 days after the bill of costs is filed with the Prothonotary, the Prothonotary taxes the costs.

If no objections to the bill of costs are filed by any party with ten (10) days of the date of filing with the Prothonotary, costs shall be taxed by the Prothonotary.

CRITICAL

Applies to

Pretrial memorandum

Pretrial memoranda must be filed with the Prothonotary before the trial date in accordance with Pa.R.C.P. 212.1.

Pre-trial memoranda shall be filed with the Prothonotary before the trial date in accordance with Pa.R.C.P. 212.1.

CRITICAL

Pretrial memoranda must be filed before the trial date according to Pa.R.C.P. 212.1(b), unless the Court schedules otherwise.

Pretrial memoranda shall be filed before the trial date in accordance with the dates established by Pa.R.C.P. 212.1(b), unless otherwise scheduled by the Court.

CRITICAL

The certificate of service must be filed with the Clerk within five days after service.

The citation and a copy of the petition for appeal shall be served by the moving party on all other interested parties and a certificate of service shall then be filed within five (5) days with the Clerk of the Orphans’ Court.

CRITICALCriminal cases

The defendant may request a bill of particulars within seven days commencing on the date of the waiver.

Commencing with the date of this Waiver, I acknowledge the right to request a bill of particulars within seven (7) days;

CRITICALCivil cases

The pre-trial statement must be provided no later than five days before the pre-trial conference.

No later than five days prior to the pre-trial conference, all parties shall provide to the Court and all other parties a pre-trial statement,

CRITICAL

The filing office must return any remaining portion within 30 days after Form A is filed when the amount filed with the notice of appeal is less than the required deposit.

filed concurrent with a notice of appeal is less than the required $250.00 deposit, the filing office shall return any remaining portion to the paying party within 30 days of the date the Form A – Notice of Completion of Transcript is filed.

CRITICAL

The case-events table lists the management order milestone at four months for Fast, Standard, and Complex Tracks.

Management 4 months 4 months 4 months order

CRITICALCriminal cases

The defendant may file a discovery motion and inspection within fourteen days commencing on the date of the waiver.

to file a discovery motion and inspection within fourteen (14) days;

WARNING

First date case may be tried 18 months 24 months pursuant to Pa.R.C.P. 212.1

First date case may be tried 18 months 24 months pursuant to Pa.R.C.P. 212.1

WARNING

A responding party may file a Request for Argument within ten days after the application is filed.

Any responding party may file a Request for Argument using the same form within ten days of the filing of the application.

WARNINGCivil cases

The notice states that the party intends to file the motion 20 days after the date entered on the notice.

Notice is hereby given that 20 days following the date set out below, [Plaintiff/Defendant] intends to file a Motion Requesting the Appointment of a Divorce Hearing Officer.

WARNING

The motion for leave to file an exhibit must be filed promptly.

The proponent of the exhibit shall promptly file a motion for leave to file the exhibit with the Court.

INFO

A responding party may file a Request for Argument using the same form within ten days after the motion, petition, or preliminary objections are filed.

Any responding party may file a Request for Argument using the same form within ten days of the filing of the Motion, Petition or Preliminary Objections.