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Court Rules

Montgomery County Court of Common Pleas Filing Timing and Cure Windows

111 rules from official source documents

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Cutoffs and deemed-filed rules

CRITICALCivil cases

For motions not excepted, the Court Administrator must promptly set a return day at least 20 days after filing, and the moving party must promptly serve the motion and return-day cover sheet on the respondent.

Exceptingmotions for sanctions or contempt of a prior court order and other motions that are to be scheduled for a hearing or that are to be forwarded to a Judge upon filing, the Court Administrator shall fix promptly a return day which shall not be less than twenty (20) days from the date of filing of said motion, and the moving party shall forthwith serve the respondent with a copy of the motion and the cover sheet indicating the return day thereon.

CRITICALCivil cases

The Prothonotary must acknowledge receipt with the date and time, notify the filer of acceptance, and immediately provide specified information when a paper is not accepted or is refused.

Upon receipt of the legal paper, the Prothonotary shall provide the filing party with an acknowledgment, which includes the date and time the legal paper was received by the Electronic Filing System. The Prothonotary shall also provide the filing party with notice that the legal paper was accepted for filing. If a legal paper is not accepted upon presentation for filing or is refused for filing by the Electronic Filing System, the Prothonotary shall immediately notify the party presenting the legal paper for filing of the date of presentation, the fact that the document was not accepted or refused for filing by the system, and the reason therefor.

CRITICALCivil cases

Re-taxation before the Prothonotary requires ten days’ notice to both parties.

A re-taxation shall then be had before the Prothonotary upon ten (10) days notice thereof to both parties

WARNING

The Clerk must electronically acknowledge receipt with the date and time, but that receipt does not mean the filing was accepted.

Upon receipt of a legal paper through the Electronic Filing System, the Clerk of the Orphans’ Court shall provide the filing party with an electronic acknowledgement that includes the date and time that the legal paper was received by the Electronic Filing System. This receipt does not constitute acceptance (see paragraph 5, below).

WARNING

After review, the Clerk must promptly notify the filing party whether the paper was accepted or rejected and, if rejected, the reason.

Upon review, the Clerk of the Orphans’ Court will promptly notify the filing party either that the legal paper was accepted for filing or that the legal paper was rejected and the reason for rejection.

WARNING

A rejected pleading’s rejection reasons will be provided by Clerk email and OCEFS acknowledgment, and the filer need not recreate the filing process to resubmit it.

If rejected, the email from the Clerk, and OCEFS acknowledgment, will indicate the reason(s) for the rejection. You do not need to recreate the filing process to re-submit the rejected pleading.

WARNINGCriminal cases

Deadline
2 business days

The Clerk of Courts must assign a Common Pleas docket number within two business days after the transcript and associated documents are transmitted.

The Clerk of Courts shall assign a Common Pleas docket number to all cases within 2 business days of transmission of the transcript and any associated documents.

INFO

The rule does not prevent exhibits from being filed before court proceedings, consistent with current juvenile dependency practice.

Nothing in this rule shall prevent the filing of exhibits prior to court proceedings, as is the current practice in juvenile dependency cases.

CRITICALCivil cases

Pre-trial statements must be filed with the Prothonotary no later than seven days before the pre-trial conference.

All pre-trial statements are to be filed in the Prothonotary's Office, and a hard copy provided to the Pre-Trial Conference Judge's Chambers, not later than seven (7) days prior to the Pre-Trial Conference date.

CRITICALCriminal cases

Deadline
2 business days

The Clerk of Courts must assign a Common Pleas docket number within two business days after transmission of the transcript and associated documents.

The Clerk of Courts shall assign a Common Pleas docket number to all cases within 2 business days of transmission of the transcript and any associated documents.

Filing deadlines

CRITICALCivil cases

After approval of a settlement involving a minor, file the Affidavit of Deposit of Minor’s Funds with the division where the petition was filed within 30 days of the approval order.

When a settlement in which a minor has an interest is approved by the Court, an Affidavit of Deposit of Minor's Funds shall be filed with the division of the Court where the petition was filed within 30 days of the date of the order approving the settlement.

CRITICALCivil cases

The respondent must file an answer to the motion on or before the return day, even when no factual issues are contested.

On or before the return day, the respondent shall file an answer to the motion, even if there are no contested issues of fact.

CRITICALCivil cases

The complete writ package must reach the Sheriff before noon on the last day to file for the next monthly sale.

Where the writ directs the Sheriff to sell the real property of a defendantthethecompletewrit package must be received by the Sheriff before noon on the Last Day to File for the next monthly sale.

CRITICALCivil cases

The matter must be referred to a judge for disposition within 45 days after preliminary objections are filed.

Forty-five (45) days from the filing of preliminary objections, the matter shall be referred to a Judge for disposition.

CRITICALCivil cases

If either party requests discovery on its cover sheet, discovery must be concluded within 45 days after preliminary objections are filed.

If discovery was requested by either party on their respective cover sheets, said discovery shall be concluded within forty-five (45) days from the filing of preliminary objections.

CRITICALCivil cases

An arbitration case is added to the Arbitration Inventory promptly after the dispositive-motion deadline if no timely motion is filed, or after all timely motions are determined.

The Order shall provide that the action shall be added to the Court’s Arbitration Inventory promptly after the deadline for filing dispositive motions if no timely dispositive motion is filed or promptly after the determination of all timely filed dispositive motions.

CRITICALCivil cases

A case appealed from an arbitration award is added to the Civil Trial Inventory approximately 90 days after the appeal is filed.

Upon the filing of an appeal from an arbitration award, the case shall be added to the Court’s Civil Trial Inventory approximately 90 days from the filing of the appeal.

CRITICALCivil cases

In non-arbitration cases, the Case Management Order is issued approximately 60 days after commencement or transfer and sets discovery, expert-report, and dispositive-motion deadlines at approximately 18 to 21 months from commencement.

Approximately 60 days after the commencement of the action (or after the transfer of the action from another jurisdiction), the Court Administrator shall issue a Case Management Order setting deadlines for the close of fact discovery approximately 18 months from commencement; the service of Plaintiffs’ expert reports approximately 19 months from commencement; the service of Defendants’ and Additional Defendants’ expert reports approximately 20 months from commencement; and the filing of dispositive motions approximately 21 months from commencement.

CRITICALCivil cases

Any other party may file a response to a special-management motion within 15 days after the motion is filed.

Any other party may file a response within 15 days of the filing of the Motion.

CRITICALCivil cases

A party may file a motion for judgment on the pleadings after the pleadings close, so long as filing it will not unreasonably delay trial.

After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may file a motion for judgment on the pleadings: (a) in accordance with Pa.R.C.P. 1034, (b) along with: (1) a cover sheet in the form set forth in Rule 205.2(b), (2) a brief or memorandum of law, as set forth in Rule 210, (3) a proposed order, and (4) a certificate of service

CRITICALCivil cases

If the petitioner intends to file an affidavit of excuse that is unavailable when the petition is filed, the affidavit must be filed with the Clerk of the Orphans’ Court at least ten days before the hearing.

If the petitioner intends to file such an affidavit of excuse and it is not available at the time the petition is filed, such affidavit of excuse shall be filed with Clerk of the Orphans’ Court at least ten (10) days prior to the hearing.

CRITICALCivil cases

The hard copy of the Settlement Conference Statement and referenced exhibits must reach the Hearing Officer no later than 10 days before the Settlement Conference.

(h) A hard copy of the Settlement Conference Statement and all referenced Exhibits shall be delivered to the Hearing Officer no later than ten (10) days prior to the Settlement Conference.

CRITICALCivil cases

Either party may file objections to a recommended discovery order within 20 days after its issuance, after which the matter is scheduled before the assigned Family Court Judge.

Following the issuance of the recommended order regarding any discovery dispute, either party may thereafter file objections to the discovery order within twenty (20) days and the matter shall be scheduled before the assigned Family Court Judge for disposition.

CRITICALCivil cases

Objections to a recommended discovery order must be filed within 20 days; if none are filed within that period, the recommended order becomes an order of the court.

Following the issuance of the recommended order regarding the discovery dispute, either party may thereafter file objections to the discovery order within twenty (20) days and the matter shall be scheduled before the assigned Family Court Judge for disposition. In the event that no objections are filed to the recommended discovery order within twenty (20) days, the recommended discovery order shall become an order of the court.

CRITICALCivil cases

The Initial Conference Memorandum must be filed and submitted no later than 10 days before the Initial Conference.

If not already filed and submitted, no later than ten (10) days prior to the Initial Conference, the parties shall file and submit an Initial Conference Memorandum setting forth: (a) basic information about the matter; (b) an inventory consistent with Pa. R.C.P. 1920.75; and (c) any discovery request(s).

CRITICALCivil cases

The respondent must file an answer within the time stated in the Rule to Show Cause.

Within the time stated in the Rule to Show Cause, the respondent shall file an answer to the petition.

CRITICALCivil cases

Discovery on factual issues raised by the petition and answer must be completed within 45 days after the Rule to Show Cause Order.

Any depositions or other discovery on factual issues raised by the petition and answer shall be concluded within forty-five (45) days from the date of the Rule to Show Cause Order.

CRITICALCivil cases

Supplemental briefs addressing facts elicited through discovery must be filed within 60 days after the Rule to Show Cause Order.

Any supplemental briefs addressing facts elicited through such discovery shall be filed within sixty (60) days from the date of the Rule to Show Cause Order.

CRITICAL

Objections to an unconfirmed schedule must be filed with the clerk no later than the 20th day after the schedule was filed.

Objections to unconfirmed schedules of distribution shall be filed with the clerk, and may be filed not later than the twentieth (20th) day after the schedule was filed.

CRITICAL

An answer to a summary-judgment motion is due within 30 days after service of the motion.

An answer to a motion for summary judgment shall be filed within thirty (30) days of service of the motion

CRITICAL

A motion for reconsideration under Pennsylvania Supreme Court Orphans’ Court Rule 8.2 must be filed within 20 days after the relevant order, decree, or adjudication is filed.

Any motion for reconsideration filed pursuant to Pennsylvania Supreme Court Orphans’ Court Rule 8.2 must be filed within twenty (20) days after the date of the filing of any order, decree or adjudication as to which reconsideration is sought.

CRITICAL

After a timely reconsideration motion is filed, another party may file its own reconsideration motion within 20 days after the first motion was filed.

If a party has filed a timely motion for reconsideration, any other party may file a motion for reconsideration within twenty (20) days after the date on which the first motion for reconsideration was filed.

CRITICAL

The respondent must answer by the date specified in the preliminary decree and appear that day at 9:30 a.m. in the specified courtroom.

The respondent shall file an answer to the petition on or before the ___ day of __________, 20__, and shall appear on that date at 9:30 am. in Courtroom __, One Montgomery Plaza, Norristown, PA.

CRITICAL

For a procedure by petition, objections concerning the appraisement or allowance must be filed with the clerk by the time fixed for confirmation and allowance.

When the procedure is by petition, questions as to the appraisement or allowance, or both, may be raised only by objections filed with the clerk on or before the time fixed for confirmation and allowance.

CRITICAL

An answer to a petition seeking leave to take discovery must be filed within 20 days after service of the petition.

A petition seeking leave to take discovery shall include the notice required under rule 3.5(b) and an answer to the petition shall be filed within twenty (20) days of service of the petition.

CRITICAL

An answer to a motion for judgment on the pleadings is due within 20 days after service, and the opposing memorandum must be filed simultaneously with the answer.

An answer to a motion for judgment on the pleadings shall be filed within twenty (20) days of service of the motion and a memorandum of law in opposition to the motion shall be filed simultaneously with the answer;

CRITICAL

After May 1 of each year, a surety company may not execute a bond until it files with the clerk the certificate issued after March 31 of that year.

Every surety company duly authorized to do business in Pennsylvania may become surety on any bond or obligation required to be filed in this court; provided that a currently effective certificate issued to it by the Insurance Department of the Commonwealth of Pennsylvania, evidencing such right, shall be on file with the clerk, and that no bond shall be executed by any surety company after May 1 of any year until such certificate issued after March 31 of the same year shall have been filed with the clerk.

CRITICAL

A fiduciary required to give bond must present the specified petition to the court before the purchaser pays the sale proceeds.

he or she shall present a petition to the court before the proceeds of the sale are paid to him or her by the purchaser, setting forth:

CRITICAL

A party in interest may file objections to an auditor’s or master’s report within 20 days after it is filed.

Any party in interest shall have the right to file objections to an auditor’s or master’s report within twenty (20) days of the filing thereof.

CRITICALCivil cases

The Sheriff must make the return within one month after execution proceedings are completed or abandoned.

The Sheriff shall make the return within one month after completion or abandonment of the execution proceedings.

CRITICALCivil cases

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

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

CRITICALCivil cases

Discovery requested on either party’s cover sheet must be concluded within 45 days after the motion is filed.

If discovery was requested by either party on their respective cover sheets, said discovery shall be concluded within forty-five (45) days from the filing of the motion.

CRITICAL

Deadline
5 business days

The custodian must submit all documentary exhibits to the record office within five business days after the proceeding closes.

All documentary exhibits shall be submitted to the record office by the custodian within five (5) business days following the close of the court proceeding.

CRITICALCivil cases

A stipulation purporting to extend a Case Management Order deadline must not be filed and has no effect if filed.

A Stipulation that purports to extend any deadlines in a Case Management Order shall not be filed and, if filed, shall be of no force or effect.

CRITICALCivil cases

A party in interest must request a formal hearing within ten days after the claim copy is mailed, and the Sheriff must schedule the hearing before determining ownership.

If a party in interest files a request for a formal hearing with the Sheriff within ten (10) days after date of the mailing of the copy of the claim, as provided by Rule 3203, the Sheriff shall schedule a formal hearing prior to determining whether claimant is the prima facie owner of the property in whole or in part.

CRITICALCivil cases

The Sheriff must hold the requested hearing within 30 days after receiving the request.

Said hearing must be held by the Sheriff within 30 days after receipt of request for a hearing.

CRITICALCivil cases

The Arbitration Administrator must notify the arbitrators and parties or counsel in writing of the hearing details at least 30 days before the hearing.

The Arbitration Administrator shall notify the Arbitrators and the parties or their counsel, in writing, at least thirty (30) days before the hearing of the date, time and place of the hearing.

CRITICALCivil cases

A motion to compel discovery must be filed no more than ten days after the Court-ordered discovery-completion deadline or it will be stricken as untimely.

A motion to compel discovery may not be filed more than ten (10) days after any deadline for completion of discovery established by prior Order of the Court. If a motion is filed in violation of this paragraph, then the Court Administrator shall not fix a return day under Local Rule 208.3(b), and instead the motion shall be stricken as a matter of course as untimely.

CRITICALCivil cases

If no petition to set aside the sale is filed, the Sheriff must execute and acknowledge the deed after 10 days have expired.

When the Sheriff sells real property in execution to the plaintiff for costs only, the Sheriff at the expiration of 10 days thereafter, if no petition has been filed to set aside the sale, shall execute and acknowledge before the Prothonotary a deed to the property sold.

CRITICALCivil cases

The Sheriff must promptly deliver the deed to the appropriate officers for recording and, if required, registration.

The Sheriff shall forthwith deliver the deed to the appropriate officers for recording and for registration if required.

CRITICALCivil cases

Writs of execution must be returned and filed before the Sheriff’s deed is acknowledged.

Writs of execution must be returned and filed before the acknowledgment of the Sheriff's deed for the real estate sold by virtue thereof.

CRITICALCivil cases

The responding party must file and serve its answer within 20 days after the petition for supplementation is mailed.

The responding party shall file and serve its answer within 20 days of the date of mailing of the petition for supplementation of the record.

CRITICALCivil cases

A petition for additional evidence is due within 60 days after the notice of appeal is filed, or, for an intervening party, within 30 days after the order allowing intervention.

A petition for additional evidence shall be filed no later than 60 days from the date of the filing of the notice of appeal or for a party permitted to intervene 30 days from the date of the order allowing intervention.

CRITICALCivil cases

The responding party must file and serve its answer within 20 days after the petition is mailed.

The responding party shall file and serve its answer within 20 days of the date of mailing of the petition.

CRITICALCivil cases

The municipality or municipal agency must file the return of record within 30 days after service of the notice of appeal, unless the parties agree to an extension.

Within 30 days of the service of the notice of appeal, unless extended by agreement of the parties, the municipality or municipal agency shall file the return of record with the Prothonotary.

CRITICALCivil cases

A petition to supplement the record is due within 30 days after the return of record is filed, or, for an intervening party, within 30 days after the order allowing intervention.

A petition for supplementation of the record shall be filed no later than 30 days from the date of the filing of the return of record or for a party permitted to intervene, 30 days from the date of the order allowing intervention.

CRITICALCivil cases

The responding party must file its answer within 20 days after the petition is mailed.

The responding party shall file its answer within 20 days of the date of mailing of the petition.

CRITICALCivil cases

The Prothonotary initially taxes bills of costs on application by the party entitled to execution, and exceptions must be filed by the return day of execution.

Bills of costs shall be taxed, in the first instance, by the Prothonotary upon application of the party entitled to execution, subject to exceptions, which exceptions shall be filed on or before the return day of the execution.

CRITICALCivil cases

Either party may appeal the re-taxation to the Court within five days thereafter.

either party may appeal to the Court within five days thereafter

CRITICALCivil cases

Within three days after entry of the appeal, the appellant must file the challenged items and grounds for all objections or the appeal will be dismissed.

provided that the appellant shall, within three days after appeal is entered, file a specification of the items to which appellant objects and the grounds of all objections; otherwise, the appeal will be dismissed.

CRITICALCivil cases

After the applicable four-month period, a defendant asserting that a case falls under Simmons v. Pacor must file a motion to transfer it to inactive status with the Prothonotary.

Anytime after the expiration of four months from the effective date of this subsection with respect to asbestos cases pending on that date, and anytime after four months from the commencement of any action commenced after the effective date of this subsection, any defendant who asserts that any case should be transferred to inactive status because it falls within the rule of Simmons v. Pacor, Inc., supra., shall file with the Prothonotary, a Motion to Transfer to Inactive Status.

CRITICALCivil cases

Responses must be filed by the rule’s returnable time and served on all counsel and the appointed judicial officer.

Responses shall be filed at or before the time the rule is returnable, and shall be served on all counsel and on the appointed judicial officer assigned to asbestos litigation.

CRITICALCivil cases

Plaintiffs must, within the applicable four-month period, elect to pursue medical monitoring or transfer the case to inactive status.

Within four months of the effective date of this subsection with respect to asbestos cases pending on the effective date, and within four months after the filing of each asbestos case filed after the effective date of this Rule, plaintiff in each such case shall either elect to pursue a claim for medical monitoring, or transfer the case to inactive status.

CRITICALCivil cases

The Parenting Coordinator must file the Summary and Recommendations with the Prothonotary within two days after the last communication with the parties on the issues.

Parenting Coordinator shall file their Summary and Recommendations with the Prothonotary within two (2) days after the last communication with the parties on the issues in accordance with Pa.R.C.P. 1915.11-1(f)(2).

CRITICALCivil cases

A party objecting to the Recommendations must file an original of the Objections and a Record Hearing request within five days after service of the Summary and Recommendations.

a party objecting to the Recommendations must file with the Prothonotary an original of their Objections and a request for a Record Hearing before the Court within five (5) days of service of the Summary and Recommendations together with a Proof of Service upon all parties and the Parenting Coordinator.

CRITICALCivil cases

A party may request in writing, within ten days after the praecipe is filed, that the Administrator nominate five attorneys; opposing counsel must receive notice.

(b)Upon the request of any party in writing filed within ten (10) days of the filing of the praecipe for arbitration with notice to opposing counsel, the Arbitration Administrator shall nominate five attorneys from said list, three of whom shall have been admitted to the practice of law for at least eight years.

CRITICALCivil cases

Each party must notify the Administrator in writing of its strike within ten days after the nomination list is mailed.

Each party shall then have the right to strike one attorney so nominated by notifying the Arbitration Administrator in writing within ten (10) days of the date of mailing of the list of nominations by the Arbitration Administrator.

CRITICALCivil cases

An adverse party must give written notice of an arbitrability or panel-composition objection within ten days of the praecipe filing or mailing of notice of panel composition, and give notice to opposing counsel.

An adverse party may raise an objection as to whether the matter is arbitrable under these rules or as to the composition of the panel selected under (b) above by notifying the Arbitration Administrator in writing with notice to opposing counsel within ten (10) days of the filing of the praecipe or the mailing of notice of the composition of the panel.

CRITICALCivil cases

A party may prevent termination by filing a Statement of Intention to Proceed with the Prothonotary at the stated address by the date specified in the notice.

You may stop the court from terminating the case by filing a Statement of Intention to Proceed. The Statement of Intention to Proceed should be filed with the Prothonotary of the Court at COUNTY OF MONTGOMERY, OFFICE OF THE PROTHONOTARY, P.O. BOX 311, COURTHOUSE, NORRISTOWN, PA 19404-0311, on or before . Date

CRITICALCriminal cases

Police officers must return warrants within 90 days after issuance; an issuing authority may reissue a returned warrant for an additional 60 days upon good cause shown.

(Q) All arrest warrants issued pursuant to Pa.R.Crim.P. 431 by an issuing authority shall be required to be returned by the police officer to whom they were issued within ninety (90) days after the date issued. An issuing authority shall have the discretion to reissue any warrants so returned for an additional sixty (60) days upon good cause shown.

CRITICALCriminal cases

The Adult Probation Office must certify successful completion of a Section 17 Disposition to the Clerk of Courts within 14 days.

When a defendant has successfully completed a Section 17 Disposition under the Drug Act, the Adult Probation Office of Montgomery County shall certify that fact to the Clerk of Courts of Montgomery County within 14 days.

CRITICALCriminal cases

The Clerk of Courts of Montgomery County must prepare an expungement order for the Court's signature within 14 days.

The Clerk of Courts of Montgomery County shall prepare an expungement order for the Court to sign in accordance with Pennsylvania Rule of Criminal Procedure 722 within 14 days.

CRITICALCriminal cases

After the Court signs the expungement order, the Clerk of Courts must send it to the defendant or attorney within 14 days for service on all appropriate criminal justice agencies.

After the Court has signed the expungement order, the Clerk of Courts shall send the Order to the defendant and/or defendant's attorney within 14 days for service on all appropriate criminal justice agencies.

CRITICALCriminal cases

The Activity Status Certificate is due within 30 days after service of the notice.

unless an Activity Status Certificate is filed with the Clerk of Courts within thirty (30) days after service of the notice by mail, in person or by publication

WARNINGCivil cases

If no answer is filed by the return day, the Court may treat the motion as uncontested and grant appropriate relief.

If an answer is not filed to the motion on or before the return day, the Court may treat the motion as uncontested, and grant the requested relief, if appropriate.

WARNINGCivil cases

Briefs in support of and in opposition to the motion may be submitted to the Family Discovery Hearing Officer not less than two days prior to day scheduled for argument before the Family Discovery Hearing Officer.

Briefs in support of and in opposition to the motion may be submitted to the Family Discovery Hearing Officer not less than two days prior to day scheduled for argument before the Family Discovery Hearing Officer.

WARNINGCivil cases

If a party's brief is untimely under the rule or a court order, the judge may dismiss the objections, grant requested relief subject to the civil-dismissal limitation, or list argument at which only the complying party is heard.

If the brief of either party is not timely filed, either in accordance with this Rule or by order of the Court, the Judge may: (a) Dismiss the preliminary objections where the moving party has failed to comply, (b) Grant the requested relief where the respondent has failed to comply, except that no civil action or proceeding shall be dismissed for failure to comply. Nothing precludes the assigned Judge from dismissing the matter on its merits, (c) List the matter for argument, at which time only the complying party shall be heard.

WARNINGCivil cases

Any such Motion should be filed as soon as it becomes apparent that special management is required and need not await the issuance of a standard Case Management Order. Undue delay in filing a Motion may be grounds in itself for denial of the Motion.

Any such Motion should be filed as soon as it becomes apparent that special management is required and need not await the issuance of a standard Case Management Order. Undue delay in filing a Motion may be grounds in itself for denial of the Motion.

WARNINGCivil cases

If the respondent fails to timely file its brief, the judge may grant the requested relief, but may not dismiss a civil action or proceeding for that failure; dismissal on the merits remains available.

Grant the requested relief where the respondent has failed to comply, except that no civil action or proceeding shall be dismissed for failure to comply. Nothing precludes the assigned Judge from dismissing the matter on its merits,

WARNINGCivil cases

The judge may list the matter for argument, at which only the party that complied with the briefing requirement will be heard.

List the matter for argument, at which time only the complying party shall be heard.

WARNINGCivil cases

If the moving party fails to timely file its brief, the assigned judge may dismiss the motion.

If the brief of either party is not timely filed, either in accordance with this Rule or by order of the Court, the assigned Judge may: (a) Dismiss the motion where the moving party has failed to comply,

WARNING

If a court session, return day, or time for a judicial or clerical duty falls on a holiday or weekend, it moves to the next day that is not a holiday or weekend, unless another rule provides otherwise.

Whenever a session of court, a return day, or any time fixed for performing any judicial or clerical duty, falls on a holiday, Saturday, or a Sunday, the next day not a holiday, a Saturday, or a Sunday shall be the day for the session of court, the return day, or the time for performance of the judicial or clerical act, unless otherwise provided by these rules.

WARNING

A schedule is confirmed as a matter of course if no objections are filed by the 20th day after it is filed.

If no objections are filed by the twentieth day after the schedule was filed, it will be confirmed, as of course.

WARNING

If an answer is not filed on or before the date scheduled in the preliminary decree, all averments of facts in the petition may be deemed admitted and the court shall enter an appropriate order;

If an answer is not filed on or before the date scheduled in the preliminary decree, all averments of facts in the petition may be deemed admitted and the court shall enter an appropriate order;

WARNING

If no objections are filed within 20 days after an auditor’s or master’s report is filed, the court may enter a decree confirming or adopting the report.

If no objections, as allowed under Local Rule 9.6A, are filed within twenty (20) days of the filing of an auditor’s or master’s report, the court may enter a decree confirming the auditor’s report or adopting the master’s report.

WARNINGCivil cases

The matter is referred to a judge for disposition 45 days after the motion is filed, unless the case has been praeciped for trial or placed on the trial list, in which case the trial judge receives the motion.

Forty-five (45) days from the filing of the motion for summary judgment, the matter shall be referred to a Judge for disposition, unless the underlying case has already been praeciped for trial or ordered on the trial list, in which case the motion will be assigned to the trial judge for disposition.

WARNINGCivil cases

A party may file a summary-judgment motion after the pleadings close, before a trial Praecipe is filed, and within a time that will not unreasonably delay trial.

After the relevant pleadings are closed, and prior to the filing of a trial Praecipe, but within such time as not to unreasonably delay trial, any party may file a motion for summary judgment:

WARNINGCivil cases

Before or after a Case Management Order issues, parties may seek earlier deadlines by stipulation, but the Court must approve the stipulation.

Prior to the issuance of a Case Management Order, the parties may file a Stipulation, subject to approval of the Court, for entry of a Case Management Order that sets deadlines earlier than the standard Order that would issue under paragraph (d) above. After the issuance of a Case Management Order, the parties may file a Stipulation, subject to approval of the Court, that advances any or all of the deadlines in the Case Management Order to earlier dates.

WARNINGCivil cases

A special-management motion should be filed as soon as the need becomes apparent without waiting for the standard order; undue delay may itself justify denial.

The Motion should be filed as soon as it becomes apparent that special management is required and need not await the issuance of a standard Case Management Order. Undue delay in filing a Motion may be grounds in itself for denial of the Motion.

WARNINGCivil cases

Any other party may file a response within 15 days after the special-management motion is filed.

Any other party may file a response within fifteen (15) days of the filing of the Motion.

WARNINGCivil cases

Subject to pending motions or petitions, the Court must issue a scheduling order for briefing and argument on or after 90 days from the notice of appeal filing.

Subject to pending motions or petitions, on or after 90 days from the date of the filing of the notice of appeal, the Court shall issue a scheduling order for briefing and argument.

WARNINGCivil cases

Scheduling orders ordinarily set deadlines for completing discovery and filing certain motions, but counsel may engage in appropriate discovery and motion practice before an order issues.

The Orders scheduling cases for trial and settlement conferences ordinarily contain deadlines, including deadlines for the completion of discovery and for filing certain motions. These are completion deadlines. It is not necessary for a scheduling order to issue for counsel to engage in earlier, appropriate, discovery and motion practice.

INFOCivil cases

In an emergency, a party may request a daily, expedited, or same-day transcript by oral motion.

In the event of an emergency, a party may request by oral motion a daily, expedited or same day transcript.

CRITICALCivil cases

If an answer is required, it must be filed within 20 days after service of the preliminary objections.

The respondent shall file an answer to preliminary objections, if required: (a) in accordance with Pa.R.C.P. 1028 and Pa.R.C.P. 1029, (b) within twenty (20) days of the service of the preliminary objections, (c) along with: (1) a cover sheet in the form set forth in Rule 205.2(b), (2) a brief or memorandum of law, as set forth in Rule 210, (3) a proposed order, and (4) a certificate of service.

CRITICALCivil cases

In arbitration cases, the Case Management Order is issued approximately 60 days after commencement or transfer and sets discovery, expert-report, and dispositive-motion deadlines at approximately 9 to 12 months from commencement.

Approximately 60 days after the commencement of the action (or after the transfer of the action from another jurisdiction), the Court Administrator shall issue a Case Management Order setting deadlines for the close of fact discovery approximately 9 months from commencement; the service of Plaintiffs’ expert reports approximately 10 months from commencement; the service of Defendants’ and Additional Defendants’ expert reports approximately 11 months from commencement; and the filing of dispositive motions approximately 12 months from commencement.

CRITICALCivil cases

A non-arbitration case is added to the Civil Trial Inventory promptly after the dispositive-motion deadline if no timely motion is filed, or after all timely motions are determined.

The Order shall provide that the action shall be added to the Court’s Civil Trial Inventory promptly after the deadline for filing dispositive motions if no timely dispositive motion is filed or promptly after the determination of all timely filed dispositive motions.

CRITICALCivil cases

Non-moving parties must answer a motion for judgment on the pleadings within 30 days after service of the motion.

An answer to a motion for judgment on the pleadings is required from the non-moving parties: (a) in accordance with Pa.R.C.P. 1034, (b) within thirty (30) days of the service of the motion,

CRITICALCivil cases

The matter must be referred to a judge for disposition 45 days after the motion is filed.

Forty-five (45) days from the filing of the motion for judgment on the pleadings, the matter shall be referred to a Judge for disposition.

CRITICALCivil cases

A report that becomes available after the petition is filed must be filed with the Clerk of the Orphans’ Court at least ten days before the hearing.

the report, if subsequently available, must be filed with the Clerk of the Orphans’ Court at least ten (10) days prior to the hearing;

CRITICALCivil cases

An initial hearing statement must be filed at least 10 days before the first hearing before the equitable distribution hearing officer.

No later than 10 days prior to the date of the first hearing before the equitable distribution hearing officer, an initial hearing statement shall be filed which shall include the following:

CRITICALCivil cases

Each party must file the pre-trial statement in the form required by subdivision (b) at least 20 days before any subsequent hearing before the equitable distribution hearing officer.

No later than 20 days prior to the date of any subsequent hearing before the equitable distribution hearing officer, each party shall file the pre-trial statement, in the form required by subdivision (b) of this rule.

CRITICALCivil cases

Each party must file the Settlement Conference Statement no later than 10 days before the Settlement Conference.

No later than ten (10) days prior to the Settlement Conference, each party shall file and serve the other party a Settlement Conference Statement which: (a) Provides biographical information of each party, including but not limited to, age, educational background, occupation history, income, health and children; (b) Contains any updates on valuation of property at issue and exhibits supporting same; (c) Identifies any and all legal or factual disputes or issues; (d) Contains a proposed resolution as to the distribution of all property including the proposed percent of distribution to each party; (e) An Expense Statement consistent with Pa. R.C.P. 1910.27; (f) A copy of any current support order and the status of any pending support proceeding; (g) Any additional information as identified by the Hearing Officer in the recommended order issued following the Initial Conference;

CRITICALCivil cases

Deadline
20 calendar days

Each party must file a compliant Pre-Trial Statement at least 20 calendar days before the scheduled hearing.

Each party shall file a Pre-Trial Statement in conformance with Pa.R.C.P. 1920.33(b) not less than twenty (20) calendar days prior to the scheduled hearing.

CRITICAL

Accounts for an audit list must be filed by the fifth Wednesday before the list is called, or, if that Wednesday is a holiday, by the preceding non-holiday.

Accounts to appear on a particular audit list must be filed not later than the fifth Wednesday preceding the date when that audit list will be called, except when that Wednesday falls on a holiday, in which event accounts must be filed not later than the next preceding non-holiday.

CRITICALCivil cases

The adverse parties must serve their answer within 30 days after service of the motion.

(b) within thirty (30) days of the service of the motion,

CRITICALCivil cases

Approximately 60 days after appeal filing, the Court Administrator must issue a case management order setting approximate deadlines 12 months from commencement for discovery to close and 13 months from commencement for dispositive motions.

Approximately sixty (60) days after the filing of the appeal, the Court Administrator shall issue a Case Management Order setting a deadline of approximately twelve (12) months from commencement for the close of discovery, including exchanges of appraisal reports by testifying experts, and a deadline of approximately thirteen (13) months from commencement for the filing of dispositive motions.

CRITICALCriminal cases

Deadline
2 business days

The Clerk of Courts must assign a Common Pleas docket number within 2 business days after the issuing authority transmits the electronically scanned transcript and associated documents.

The Clerk of Courts shall assign a Common Pleas docket number to all criminal cases within 2 business days of transmission of the electronically scanned transcript and any associated documents by the issuing authority.

CRITICALCivil cases

For record plans larger than 8½ by 11 inches, the appellant must provide electronic versions to the municipality or municipal agency within 10 days after filing the notice of appeal.

If any plans that are part of the record are larger than 8 1/2" × 11", the appellant shall within 10 days of filing the notice of appeal provide the municipality or municipal agency with electronic versions of the plans to be included in the return of record.

CRITICALCivil cases

A petition for bond must be filed no later than 60 days after the notice of appeal is filed.

A petition for bond shall be filed no later than 60 days from the filing of the notice of appeal.

CRITICALCivil cases

A person receiving the notice must join the action within twenty days after receipt or the person's cause of action will be barred and the action will proceed without them.

the person to whom it is addressed is required to join therein within twenty (20) days after receipt of such notice or his cause of action will be barred and the action will proceed without said person.

WARNINGCivil cases

If a party fails to timely file its brief under the rule or a court order, the judge may impose the specified consequences, including dismissal of the motion, granting relief subject to the civil-action dismissal exception, or setting argument where only the complying party is heard.

If the brief of either party is not timely filed, either in accordance with this Rule or by order of the Court, the assigned Judge may: (a) Dismiss the motion where the moving party has failed to comply, (b) Grant the requested relief where the respondent has failed to comply, except that no civil action or proceeding shall be dismissed for failure to comply. Nothing precludes the assigned Judge from dismissing the matter on its merits, (c) List the matter for argument, at which time only the complying party shall be heard.

Common questions about Montgomery County Court of Common Pleas filing timing and cure windows rules

What filing deadlines does Montgomery County Court of Common Pleas set?

After approval of a settlement involving a minor, file the Affidavit of Deposit of Minor’s Funds with the division where the petition was filed within 30 days of the approval order.

View ruleOfficial source Source: page 2, section Affidavit of Deposit

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When is a filing treated as filed in Montgomery County Court of Common Pleas?

For motions not excepted, the Court Administrator must promptly set a return day at least 20 days after filing, and the moving party must promptly serve the motion and return-day cover sheet on the respondent.

View ruleOfficial source Source: page 1, section Rule 208.3(b). Motion Practice. Rule to Show Cause. Disposition of Motions. (2) Listing

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