Court Rules

Philadelphia Court of Common Pleas Filing Timing and Cure Windows

156 rules from official source documents

Rules 101 to 150, page 3 of 4

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

Filing deadlines

CRITICALCivil cases

Guardian of the Estate must file a Final Report within 60 days of the incapacitated person's death, an adjudication of capacity, a change of guardian, or expiration of a limited-duration order.

A Final Report shall be filed by the Guardian of the Estate within sixty (60) days of the death of the incapacitated person, an adjudication of capacity, a change of guardian or the expiration of an order of limited duration pursuant to 20 Pa.C.S. § 5521(c)(2).

CRITICALCivil cases

Exceptions to bill of costs must be filed within 20 days after final judgment, and copy served on other parties.

No later than twenty (20) days after final judgment, exceptions (identifying those costs to which objection is made with the reason therefor) shall be filed with the Office of Judicial Records and a copy served on other parties.

CRITICALCivil cases

A petition must be filed with the Orphans' Court within 30 days.

An appropriate Petition shall be filed with the Orphans' Court within thirty (30) days.

CRITICALCivil cases

Guardian of the Estate must also file a Final Report upon receipt of a provisional order from another state's court accepting transfer of the guardianship.

A Final Report shall also be filed upon receipt of the provisional order from another state’s court accepting transfer of a guardianship. Pa. O.C. Rule 14.8(a)(4) & (5).

CRITICALCivil cases

The response to a summary judgment motion is due within 30 days of service.

The adverse party or parties must electronically file a response to the motion for summary judgment within thirty (30) days of service of the motion, as provided in Pa.R.C.P. No. 1035.3.

CRITICALCivil cases

The incapacitated person may appeal the Decree within 30 days by filing a Notice of Appeal with the Clerk of the Orphans' Court.

You, Ivan Smith, are hereby notified of your right to seek reconsideration of this Decree pursuant to Rule 8.2 and the right to appeal this Decree within 30 days from the date of this Decree by filing a Notice of Appeal with the Clerk of the Orphans’ Court.

CRITICALCivil cases

A notice of appeal of a landlord-tenant non-residential lease possession judgment (with or without money judgment) must be filed within 30 days.

Landlord-Tenant, non-residential lease, possession or possession and money judgment (30 days)

CRITICALCivil cases

A notice of appeal of a supplementary order must be filed within 30 days.

Supplementary Orders (30 days)

CRITICALCivil cases

Opposing parties must file requests for en banc argument within 5 days of service of the post-trial motion.

All requests by opposing parties for argument before a court en banc shall be filed with the Office of Judicial Records and Motion Court within five days of service of the motion for post-trial relief.

CRITICALCivil cases

The Guardian of the Person must file an Annual Report one year after appointment and annually thereafter.

The Guardian of the Person shall file an Annual Report one year after appointment and annually thereafter in accordance with the provisions of 20 Pa.C.S. § 5521(c)(1)(ii). Pa. O.C. Rule 14.8(a)(3).

CRITICALCivil cases

The defendants' Master New Matter must be filed with the Court within 30 days after the Master Long Form Complaint to which it responds is filed.

The defendants’ Master New Matter shall be filed with the Court within thirty (30) days of the filing of the Master Long Form Complaint to which it responds.

CRITICALCivil cases

Affidavit of service must be filed within 2 days after service.

an affidavit of service filed with the Office of Judicial Records within two days after service.

CRITICAL

Defendant may appeal the sentence for a de novo hearing by filing a Notice of Appeal within 30 days at the Traffic Division.

Defendant may file an Appeal of this sentence for a hearing de novo on the issue of Defendant's Contempt, financial ability to pay, and the propriety of the sentence imposed in the Court of Common Pleas by filing a Notice of Appeal within THIRTY (30) days, at the Philadelphia Municipal Court Traffic Division, 800 Spring Garden Street, Philadelphia, PA.

CRITICALCivil cases

The Affidavit must be filed within 60 days of entry of the Court's Order if compliance is incomplete.

(i)(2) In the event that compliance with the Court's Order is not fully accomplished, the attorney shall describe the extent of compliance and any reasons for delay in an Affidavit filed within 60 days of the entry of the Order. A subsequent Affidavit shall be filed upon complete satisfaction of the terms of the Order.

WARNINGCivil cases

A 12-member jury may be requested in the jury demand or within 30 days thereafter.

Trial by a jury consisting of 12 members may be had if requested in the jury demand at the time it is made or within 30 days thereafter.

WARNING

The Claim Fact Sheet may be supplemented by any party at least twenty days before trial.

b. Any party may supplement the same twenty (20) days or more prior to trial.

WARNINGCivil cases

After a continuance, arbitration hearings should be rescheduled as soon as possible and preferably within 60 days of the originally scheduled hearing date.

Arbitration hearings shall be rescheduled as soon as possible based on the reason for the continuance, but efforts shall be made to reschedule the case for hearing within 60 days of the initial date.

WARNINGCivil cases

Funds withheld from sale proceeds to satisfy support arrears must be remitted to PA SCDU within 15 days.

Any funds withheld from the proceeds of a sale of real or personal property for the purpose of satisfying a judgment or lien arising from support arrears must be sent to the Pennsylvania State Collections and Disbursement Unit ("PA SCDU") within fifteen (15) days of

WARNINGCivil cases

In the event that compliance with the Court's Order is not fully accomplished, the attorney shall describe the extent of compliance and any reasons for delay in an Affidavit filed within 60 days of the entry of the Order. A subsequent Affidavit shall be filed upon complete satisfaction of the terms of the Order.

In the event that compliance with the Court's Order is not fully accomplished, the attorney shall describe the extent of compliance and any reasons for delay in an Affidavit filed within 60 days of the entry of the Order. A subsequent Affidavit shall be filed upon complete satisfaction of the terms of the Order.

WARNINGCivil cases

If the Civil Cover Sheet is missing, the document is accepted but the filing party must submit the cover sheet within 20 days or face sanctions.

If the Civil Cover Sheet is not attached as required, the Office of Judicial Records shall accept the document for filing if it otherwise complies with all applicable state rules; provided, however, that the Office of Judicial Records shall endorse on the original pleading, and all file-stamped copies, the following: "The filing party shall submit a Civil Cover Sheet as required by Phila. Civ.R. *205.2(b) within 20 days or shall suffer appropriate sanctions."

WARNINGCivil cases

Upon filing, the matter enters the Diversion Program, no Arbitration Date is scheduled, and all further pleading deadlines are deferred while the case is in the program.

Upon filing, the matter will be placed into the Diversion Program by the Court, no Arbitration Date will be scheduled, and all further pleading deadlines will be deferred while the case is in the Diversion Program.

WARNINGCivil cases

The auditor has 10 days to supplement the report, addressing each objection seriatim with reasons for sustaining or dismissing each.

In such event, the auditor shall have ten (10) days to supplement the report by a full consideration of the objections seriatim, setting forth concisely all reasons for recommending that the Court sustain or dismiss each objection.

WARNINGCivil cases

A plaintiff may transfer a major case to compulsory arbitration without leave of Court within six months of commencement by filing an arbitration praecipe, and the hearing must be scheduled no sooner than 60 days from that transfer.

When a case is initially filed as a major case, plaintiff may, within six months of its commencement, transfer the case to compulsory arbitration without leave of Court by filing a praecipe with the Office of Judicial Records who shall assign an arbitration hearing no sooner than 60 days hence.

WARNINGCivil cases

Filing a petition to vacate an order or decree does not toll the appeal deadline unless the Court grants the petition before the appeal period expires.

The period for filing an appeal is not tolled by the filing of a petition to vacate an order or decree unless the Court grants the petition to vacate before the expiration of the appeal period.

WARNINGCivil cases

A Master may not file the partition report until 10 days after notifying all appearing parties of the inspection availability and filing date, unless written exceptions are filed sooner.

A Master appointed under Pa.R.C.P. 1558(b) shall not file his report as required under Pa.R.C.P. 1569(a) until ten (10) days after he has notified all the parties who appeared before him that it is subject to their inspection and that it will be filed on a given date, unless written exceptions be filed with the Master before that time.

WARNINGCivil cases

The certified payoff amount is valid for 60 days from the date prepared.

The total payoff amount certified is only valid for the time period provided by law (i.e. for sixty (60) days from the date prepared indicated above)

WARNINGCivil cases

Within 20 days after filing, a party may file a response to the preliminary objections but is not required to.

Within twenty (20) days after such filing, any party may, but need not, file as response to the preliminary objections.

WARNINGCivil cases

Parties must receive at least 10 days notice before the objection listing date.

All parties or their counsel shall be given at least ten (10) days notice prior to the listing date for the Court to determine whether the objection should be sustained or dismissed.

WARNING

A party may file a written application for discontinuance no less than 20 days before trial in claims exceeding $2,000.

In claims exceeding $2,000, exclusive of costs and interest, a party may file a written application for discontinuance no less than twenty (20) days prior to trial.

WARNINGCivil cases

Deadline
15 calendar days

Requests for support arrears balance should be sent at least 15 calendar days before the anticipated settlement date.

It is strongly recommended that the request for certification of support arrears be sent no later than fifteen (15) calendar days before the anticipated settlement date.

WARNINGCivil cases

Requests for allowances for Court-appointed Counsel fees will not be approved before the Guardian Inventory is filed; counsel fees are paid from the estate when possible, or by the county if the incapacitated person cannot pay.

Requests for allowances for fees of Court-appointed Counsel will not be approved prior to the filing of the Guardian Inventory. Whenever possible, reasonable counsel fees shall be ordered to be paid from the estate of the incapacitated person. If the incapacitated person is unable to pay for counsel, the Court may order counsel fees and costs to be paid by the county.

WARNING

The appeal will be dismissed if the defendant fails to appear for the de novo hearing.

The Appeal will be dismissed if Defendant fails to appear for the de novo hearing.

WARNINGCriminal cases

The pretrial readiness conference is generally scheduled sixty days before trial and the defendant is subpoenaed to attend.

You will be subpoenaed to court for the pretrial readiness conference, which is generally scheduled sixty (60) days before your trial date.

WARNING

The court may allow amendment or supplementation of the Claim Fact Sheet outside the 20-day period for good cause.

c. The court may permit amendment or supplementation of the Claim Fact Sheet at any time for good cause shown.

WARNINGCivil cases

Requests for allowances will not be approved before the inventory or last required annual report is filed, except in extreme emergencies.

Except in cases of extreme emergency, requests for allowances will not be approved prior to the filing of the inventory or the last required annual report, as the case may be.

WARNING

Execution may not issue until at least 10 days after filing and service of affidavits of default; a counter affidavit within 5 days triggers a hearing within 10 days.

Execution shall not issue in either a. or b. until at least ten (10) days after the filing of affidavits of default and service of the same. A writ of execution may be filed with the affidavit of default. If defendant files a counter affidavit denying default, within five (5) days of service of the affidavit of default, the Municipal Court Administrator shall schedule a hearing before the Court within ten (10) days for adjudication of default and notify the parties of the scheduling of the hearing.

WARNINGCriminal cases

Arraignment is routinely held about 14 days after the matter is held for court or after a Municipal Court appeal is filed.

As authorized by Pa.R.Crim. P. 571, the Arraignment is scheduled as a matter of course approximately fourteen (14) days after the date the matter is held for court, or a Municipal Court Appeal is filed.

WARNING

The transcript delivery deadline begins to run when the First Judicial District receives the requestor's partial payment.

The time within which the transcript must be delivered begins to run upon the First Judicial District’s receipt of the requestor’s partial payment.

WARNINGCriminal cases

(1) When the District Attorney, at the time of a defendant's preliminary arraignment in Municipal Court, requests that a case be sent to the Indicting Grand Jury (IGJ) rather than being scheduled for a preliminary hearing in Municipal Court (MC), the case will be listed in 30 days before the Court of Common Pleas IGJ Preliminary Hearing Supervising Judge for status.

(1) When the District Attorney, at the time of a defendant's preliminary arraignment in Municipal Court, requests that a case be sent to the Indicting Grand Jury (IGJ) rather than being scheduled for a preliminary hearing in Municipal Court (MC), the case will be listed in 30 days before the Court of Common Pleas IGJ Preliminary Hearing Supervising Judge for status.

WARNINGCivil cases

Execution to sell real estate on certain pre-1940 power-of-attorney mortgage judgments issued in military cases requires the judgment to have been entered within six months of execution or a court order approving the execution.

(F) In any case in which any real owner may be in the military service, no execution to sell real estate shall issue upon a judgment entered on a power of attorney contained in any written instrument originating prior to October 17, 1940, and secured by a mortgage unless the judgment upon which execution is to issue was entered against such real owner in accordance with these rules within a period of six months prior to such execution, or unless the plaintiff on petition shall obtain an order of Court for such execution.

WARNING

Judgments are deemed entered on the date the judge announces the decision from the bench, or the date the decision is sent when taken under advisement.

Judgments shall be deemed entered on the date on which the Judge announces a decision from the bench, or, when taken under advisement, the date of the decision sent by the Judge.

WARNINGCivil cases

Deadline
5 business days

The Family Division must complete and return the certification form within 5 business days of receipt or the settlement date, whichever is later.

The Family Division shall complete Part C of the Form and return it to the requesting party in the stamped, self-addressed envelope within five (5) business days of its receipt by the Family Division, or the date of settlement, whichever is later.

WARNING

Parties are cautioned to file legal papers in advance of filing deadlines to allow time for correction and re-submission if not accepted or refused.

Therefore, parties are cautioned to file required legal papers in advance of any filing deadline to enable timely correction and re-submission in the event a legal paper is not accepted or is refused for filing.

WARNINGCivil cases

Court reporter must file the transcript with the Post-Trial Motions Unit within 30 days of the order.

The court reporter shall file the original notes of testimony, or that portion of the record ordered to be transcribed, with the Post-Trial Motions Unit of the Motion Court (for transmission to the Trial Judge) no later than 30 days after the notes of testimony are ordered.

INFOCriminal cases

An IGJ Supervising Judge may modify the 60-day IGJ disclosure deadline by order.

The 60-day date for disclosure of IGJ material may be modified by order of an IGJ Supervising Judge.

INFO

The sentence is stayed during the appeal period.

The imposition of the sentence is stayed during the Appeal period.

INFOCivil cases

Trial memoranda, memoranda of law, and preliminary requested points for charge may be submitted to the Trial Judge no later than the commencement of trial.

Trial memoranda, any memoranda of law dealing with anticipated legal issues, and preliminary requested points for charge may be submitted to the Trial Judge not later than at the commencement of the trial.

INFOCivil cases

A motion for judgment on the pleadings may be filed after the pleadings are closed, without unreasonably delaying trial.

After the relevant pleadings are closed, but within such time as to not unreasonably delay the trial, any party may file a motion on the pleadings as follows:

CRITICALCriminal cases

The District Attorney's Office must disclose IGJ materials withheld from discovery to the defense at least 60 days before trial.

the Philadelphia District Attorney's Office shall disclose any Indicting Grand Jury information and materials, that were withheld from discovery pursuant to Pa.R.R.C 556.10(B)(5) in connection with the matter, to defense counsel representing the above named defendant by sixty (60) days prior to the commencement of trial.

CRITICALCivil cases

The adverse party must file a response to the summary judgment motion within 30 days after service.

The adverse party or parties must file a response defense for relief within thirty (30) days of service of the motion, as provided in Pa.R.C.P. No. 1035.3.