Court of Common Pleas of Pike County, Pennsylvania Document Filing Requirements

CRITICAL

Applies to

Request to waive oral argument

The Court will consider deciding the motion on the briefs if all counsel agree in writing to waive oral argument and submit the request to the Court Administrator by the Thursday before Argument Day.

The Court will consider decision on the briefs if all counsel consent to waive oral argument in writing and submit such request to the Court Administrator the Thursday prior to Argument Day.

CRITICAL

Applies to

Memorandum of understanding

If the parties reach an agreement, the Mediator must prepare a Memorandum of Understanding within 14 days.

In the event the parties reach an agreement, the Mediator shall, within fourteen (14) days, prepare a Memorandum of Understanding(MOU), pursuant to the provisions of Pa.R.C.P. §1940(b).

CRITICAL

Applies to

Uncontested motion

An uncontested motion must include a counsel-signed certification stating that the motion and proposed order were served on all parties and that the motion is uncontested.

All uncontested motions shall include a certification, signed by counsel that the moving party served a copy of said motion and proposed order on all parties and that the motion is uncontested.

CRITICAL

Applies to

Plea agreement

Pike County guilty plea colloquy forms must be signed by the defendant, defense counsel, and the attorney representing the Commonwealth.

The colloquy forms are to be signed by the defendant, defense counsel, and the attorney representing the Commonwealth.

CRITICAL

Applies to

Response and supporting brief

Opposing parties must file a response and supporting brief to the motion.

Opposing parties shall file a Response and supporting brief to the motion within twenty (20) days of service of the motion upon them.

CRITICAL

Applies to

Transcript request

Transcript requests must use the standardized form provided by the Pike County Court Administrator, available at court.pikepa.org.

A. All requests for transcripts shall be set forth on a standardized form provided by the Pike County Court Administrator. The form shall be found at court.pikepa.org

CRITICAL

Applies to

Sentencing record

If no pre-sentence report is ordered in any of the listed circumstances, the sentencing judge must place the reasons on the record.

The sentencing judge shall place on the record the reasons for dispensing with the pre-sentence investigation report if the judge fails to order a pre- sentence report in any of the following instances: a. When incarceration for one year or more is a possible disposition under the applicable sentencing statutes; b. When the defendant is less than 21 years old at the time of conviction or entry of a plea of guilty; or c. When a defendant is a first offender in that he or she has not heretofore been sentenced as an adult.

CRITICAL

Applies to

Exhibit index

The Stenographer/Transcriptionist must maintain the exhibit index using the form provided at the end of the Rules.

During all court proceedings, the court Stenographer/Transcriptionist shall maintain the index of exhibits. The court Stenographer/Transcriptionist shall utilize the index of exhibits form denoted at the end of these Rules.

CRITICAL

Applies to

Status conference memo

The memo must identify all listed issues that apply and answer all questions completely.

Please check off all of the following that apply to your case and answer all questions completely.

CRITICAL

Applies to

Cover sheet

Must include

case number

The completed cover sheet, including the docket number, must be attached to the pleading.

(To be attached to pleading - Fill out COMPLETELY including docket number!)

CRITICAL

Applies to

Exhibit index

The original exhibit index must be filed with the exhibits, and the Stenographer/Transcriptionist must retain a copy.

The original index of exhibits shall be filed with the appropriate Records Office simultaneously with the exhibits from the Court Proceeding. The Stenographer/Transcriptionist shall retain a copy of the index.

CRITICAL

Applies to

Exhibit index

The Stenographer/Transcriptionist must provide the Records Office a numbered exhibit list identifying each proponent, the exhibit's admitted or rejected status, and a textual description or identification.

Together with the exhibits from the Court Proceeding, the Court Stenographer/Transcriptionist shall provide a numbered list of exhibits to the Prothonotary, Clerk of the Criminal Court or Clerk of the Orphans' Court not later than five business days after the Court proceeding. For each exhibit, the Stenographer/Transcriptionist shall identify the Proponent, whether the exhibit was admitted or rejected from evidence, and a textual description or identification of the exhibit.

CRITICAL

Applies to

Praecipe to withdraw argument

If an answer resolves the need for argument, the moving party must file a Praecipe to Withdraw Argument before the argument date.

If the filing of an Answer resolves the need for an Argument, the moving party shall, prior to the Argument date, file a Praecipe to Withdraw Argument.

CRITICAL

Applies to

Exceptions

Exceptions must be in writing and filed with the Prothonotary within 20 days of the Hearing Officer’s Report.

Exceptions to the Hearing Officer’s Report and Recommendation, and proposed Order, shall be in writing, and shall be filed with the Prothonotary, within twenty (20) days of the date of the Hearing Officer’s Report.

CRITICAL

Applies to

Media or video

The proponent must submit a copy of proceeding media or video for entry into the record.

Any media or videos presented at a Court Proceeding shall be retained by the proponent. The proponent shall submit a copy of the media or video on a portable Universal Serial Bus (USB) flash drive and it shall be entered into the record.

CRITICAL

Applies to

Statement of intention to proceed

Must include

caption

A Statement of Intention to Proceed must use the specified form, including a caption, certification, date, and attorney signature line.

The Statement of Intention to Proceed shall be in the following form: (Caption) Statement of Intention to Proceed To the Court: It is hereby certified that, _____________________ intends to proceed with the above captioned matter. Date:___________ ________________________ Attorney for:

CRITICAL

Applies to

Criminal complaint and affidavit of probable cause

A completed criminal complaint and probable-cause affidavit must be submitted and delivered to the facility when detention occurs; no person may be detained under the rule without them.

However, no person shall be detained under this rule without the completion and submission of a completed criminal Complaint and Affidavit of Probable Cause which shall be delivered to the Pike County Correctional Facility at the time of detention for use by the Magisterial District Justice.

CRITICAL

Applies to

Photographic copy

The photographic copy must be included in the record before the proceeding ends, marked as an exhibit, and identified in the exhibit index.

The non-documentary exhibit must be photographed in color by the Proponent and presented in a letter-sized form (8 1/2 by 11 inches) document for inclusion in the record prior to the end of the proceeding. The photograph shall be marked as an exhibit and identified in the exhibits index.

CRITICAL

Applies to

Motion to make rule absolute

Must include

certificate of service

If no answer is filed by the set date, the moving party may move to make the Rule absolute, and the motion must include a certificate stating the manner and date of service.

If no Answer is filed on or before that date set for Answer, the moving party may file a Motion to Make the Rule Absolute. Said Motion shall contain a Certificate of Service certifying the manner and date of service.

CRITICAL

Applies to

Waiver of arraignment

Arraignment may be waived only if the defendant is represented by counsel, both the defendant and counsel sign a formal waiver, and the waiver is properly filed with the Court.

3. The arraignment procedure may be waived, making it unnecessary for you to appear as scheduled above, BUT ONLY IF YOU ARE REPRESENTED BY COUNSEL AND BOTH YOU AND COUNSEL HAVE SIGNED A FORMAL WAIVER OF ARRAIGNMENT, and have properly filed that waiver with the Court.

CRITICAL

Applies to

Photographic copy

Before any court proceeding, the proponent must prepare a physical photographic copy of every non-documentary exhibit.

In advance of any court proceeding, the proponent shall prepare a physical, photographic copy of all non-documentary exhibits pursuant to Pa. R.J.A. 5103(b).

CRITICAL

Applies to

Hearing record

If mediation does not produce an agreement, the Court must appoint a Hearing Officer to conduct a recorded hearing.

In the event no agreement is reached at the mediation, the Court shall appoint a Hearing Officer to conduct a hearing, which shall be recorded.

CRITICAL

Applies to

Status conference memo

Each party must submit a Status Conference/Pre-Trial Memo in the attached format to the Trial Judge and opposing counsel at least five days before the conference; it is for the judge's exclusive use and is not part of the record.

A Status Conference/Pre-Trial Memo, in the attached format, shall be submitted by each party to the Trial Judge, and opposing counsel, at least five (5) days prior to a scheduled status conference. The Status Conference Memo shall be for the exclusive use of the Trial Judge, and shall not be made part of the record.

CRITICAL

Applies to

Divorce complaint with custody count or custody complaint or petition for modification

A divorce complaint with a custody count, custody complaint, or petition for modification must include a Cover Sheet essentially in the attached format.

Whenever a Divorce Complaint containing a count for custody, a Custody Complaint or a Petition for Modification is filed, it shall contain a Cover Sheet, essentially in the attached format.

CRITICAL

Applies to

Motion for protective order or motion to compel discovery

An objected-to protective-order or motion-to-compel-discovery filing must certify the required conferral and identify parties who have not concurred.

A party who files a Motion for Protective Order under Rule 4112 or a Motion to Compel Discovery under Rule 4011 or 4016, that has been objected to by the opposing party, shall certify in that motion, that counsel has conferred or attempted to confer with all interested parties in order to resolve the dispute. The moving party shall identify the parties who have not concurred in the motion.

CRITICAL

Applies to

Pre sentence investigation report

A pre-sentence investigation report must include information about the offense and the defendant’s character sufficient to assist the judge in determining the sentence.

The pre-sentence investigation report shall include information regarding the circumstances of the offense and the character of the defendant sufficient to assist the judge in determining sentence.

CRITICAL

Applies to

Motion or request for relief

Must include

proposed order

Motions and other requests for relief requiring judicial action must include a proposed order.

A proposed order shall accompany all motions or other requests for relief requiring action from a Judge.

CRITICAL

Applies to

Omnibus pretrial motion

Other available pretrial motions must be stated in one document titled “Omnibus Pre-Trial Motion.”

- (3) Various other pre-trial motions available to me which must be stated in a single document titled "Omnibus Pre-Trial Motion" to be filed and served within thirty (30) days following the date of my arraignment pursuant to Pennsylvania Rules of Criminal Procedure No. 578 and 579.

CRITICAL

Applies to

Criminal complaint and supporting documents

The detaining agency must provide the complaint and probable-cause affidavit, plus available criminal-record and bail-recommendation materials, to the facility and justice using the stated delivery methods.

The arresting agency detaining the Defendant shall provide to the Pike County Correctional Facility and the Magisterial District Justice the original and copies of the Criminal Complaint with Probable Cause Affidavit attached, and when available, a copy of the Defendant’s criminal record and any recommendation regarding bail for the Defendant, by depositing the same at the Pike County Correctional Facility and faxing copies to the Magisterial District Court Office.

CRITICAL

Applies to

Transcript request

A self-represented litigant claiming economic hardship without prior in forma pauperis status must attach a complete In Forma Pauperis Petition to the transcript request form.

Self-Represented litigants claiming economic hardship, who have not been previously granted in forma pauperis status, must attach to their transcript request form, a fully and complete In Forma pauperis Petition.

CRITICAL

Applies to

Exhibit

For an exhibit containing covered confidential information or documents, the proponent must provide the completed applicable form to the Stenographer/Transcriptionist when the evidence is introduced.

In all court proceedings, the proponent shall include a properly completed confidential information form or confidential document form for any exhibit offered into evidence that contains confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. These forms shall be given by the proponent to the court Stenographer/Transcriptionist maintaining the Index of Exhibits at the time evidence is introduced.

CRITICAL

Applies to

Motion

Must include

caption, case number

Each motion's caption must include the specified court, case, proceeding, party, and moving-counsel information.

All motions shall be written, shall contain a caption setting forth the name of the Court, the number of the action, nature of the proceeding, names of the parties, the name and telephone numbers of the moving counsel, and the name of the party making the action.

CRITICAL

Applies to

Search warrant application

A search warrant application must receive approval from an Attorney for the Commonwealth before filing.

The District Attorney having filed a certification, Search Warrants in all circumstance shall not hereafter be issued by any judicial officer unless the search warrant application has the approval of an Attorney for the Commonwealth, prior to filing.

CRITICAL

Applies to

Motion

Every motion must include a brief statement of the applicable authority under which it is filed.

All motions shall include a brief statement of applicable authority under which the motion is filed.

CRITICAL

Applies to

Cover sheet

The parties must attend a mediation orientation after the specified custody pleadings are filed, except when the stated domestic-violence or child-abuse condition applies, as determined by the Cover Sheet answers.

Upon the filing of a Divorce Complaint containing a count for custody, a Custody Complaint, or a Petition for Modification of Custody, the parties shall be Ordered to attend an orientation session relative to resolving the dispute through a mediation process, pursuant to the provisions of Pa.R.C.P. §1940.3 and 23 Pa.C.S.A. § 3901(b). No orientation session shall take place if a party or a child of either party is or has been the subject of domestic violence or child abuse either during the pendency of the action or within twenty-four (24) months preceding the filing of the action, pursuant to Pa.R.C.P. §1940.3(b), which shall be determined by the domestic violence answers on the Cover Sheet.

CRITICAL

Applies to

Filed paper

Each filed paper must be endorsed with specified contact and identification information for the filing attorney or, if unrepresented, the party.

All papers filed shall be endorsed with the name, address, telephone number, original signature and I.D. number of the attorney filing it or the name, address, original signature and telephone number of the party if there is no attorney.

CRITICAL

Applies to

Motion

A motion must be filed with the Prothonotary in an original and one copy.

An original and one copy shall be filed with the Prothonotary

CRITICAL

The photograph must be marked as an exhibit and identified in the exhibits index.

The photograph shall be marked as an exhibit and identified in the exhibits index.

CRITICAL

Applies to

Filed paper

Must include

caption, case number

Filed papers must include a caption identifying the court and division, case number, parties, proceeding title, and paper name.

No paper shall be filed in any the office of the Prothonotary or Clerk of Courts or Clerk of the Orphans Court unless it is written in ink, clearly legible, printed or typewritten in print no smaller than typewriting with lines (except quotations) not closer than typewriting double spacing; contains the caption of the proceeding, including the name and division of the Court, identifying case number, the names of the parties, the title of the proceeding, and the name of the paper.

CRITICAL

Applies to

Motion

Must include

proposed order

A proposed order must be attached to every motion.

A proposed Order shall be attached to all motions.

CRITICAL

Applies to

Exhibit index

The exhibit index must be numbered and identify each exhibit's proponent, admitted or rejected status, and textual description or identification.

The exhibits index shall include a numbered list of exhibits, and for each exhibit shall identify the Proponent, whether the exhibit was admitted or rejected from evidence, and a textual description or identification of the exhibit.

CRITICAL

Applies to

Guilty plea colloquy form

The plea forms must be initialed and signed where appropriate, and counsel’s signature certifies counsel’s review and explanation and the client’s understanding and acceptance of any plea agreement.

Such forms shall be initialed and signed where appropriate and counsel’s signature thereon shall constitute a certification by the attorney that he has read, discussed and explained the plea form with the client, and that to the best of his knowledge, information and belief, his client understands the guilty plea colloquy and accepts the terms of the plea agreement if any.

CRITICAL

Applies to

Pre sentence investigation report

A pre-sentence investigation report must include a victim impact statement as provided by law.

The pre-sentence investigation report shall also include a victim impact statement as provided by law.

CRITICAL

Applies to

Guilty plea colloquy form

When counseling a defendant about a guilty or nolo contendere plea, counsel must review the Pike County guilty plea colloquy form with the defendant and explain its contents.

During the course of counseling a defendant relative to any plea of guilty or nolo contendere in the Court of Common Pleas, counsel shall review with the defendant a Pike County guilty plea colloquy form available from the Office of the District Attorney, and shall explain to the defendant the contents of that form.

CRITICAL

Applies to

Rule to show cause

Must include

proposed order

A proposed order must accompany the Rule to Show Cause and make it returnable for an answer in 20 days.

A proposed Order shall be attached to the Rule making it Returnable for Answer in twenty (20) days.

CRITICAL

Applies to

Settlement agreement

A formal Settlement Agreement must be signed by each party and submitted to the Mediator within 14 days of the final mediation session.

In the event the parties, and/or their attorneys, desire to prepare a more formal Settlement Agreement, it must be submitted to the Mediator, signed by each of the parties, within fourteen (14) days of the final mediation session with the parties, and/or their attorney.

CRITICAL

Applies to

Dangerous item exhibit

Before any court proceeding, the proponent must prepare a physical, photographic copy of any weapon, contraband, hazardous material, or dangerous-item exhibit.

In advance of any court proceeding, the proponent shall prepare a physical, photographic copy of any weapon, contraband hazardous material or dangerous items exhibits pursuant to Pa. R.J.A. 5103(b).

CRITICAL

Applies to

Guilty plea colloquy form

A guilty plea colloquy form must be filed in open court when a guilty or nolo contendere plea is entered.

Guilty plea colloquy forms shall be filed in open Court at the time of entry of any plea of guilty or nolo contendere.

CRITICAL

Applies to

Motion

Each motion must state whether a hearing or argument is requested and estimate its length.

All motions shall state whether a hearing or argument is requested, and the estimated length of time needed for the hearing or argument.

CRITICAL

Applies to

Waiver of arraignment

A waiver of arraignment must use the form that follows.

Waiver of Arraignment shall be in accordance with the following form:

WARNING

Applies to

Memorandum of understanding

If the parties or their attorneys agree that the MOU may be submitted to the Court, the Mediator will submit it for approval.

In the event the parties, and/or their attorneys, agree that the MOU can be submitted to the Court, the Mediator will do so and an Order approving the MOU will be entered.

WARNING

Applies to

Memorandum of understanding

If no Settlement Agreement is submitted within 14 days and neither party or attorney objects to the MOU, the Mediator submits the MOU to the Court with a recommendation for approval.

If a Settlement Agreement is not submitted within fourteen (14) days as aforesaid, and neither of the parties, and/or their attorneys, have objected to the terms of the MOU, said MOU will be submitted by the Mediator to the Court, with a recommendation that it be approved and made an Order of the Court.

WARNING

Applies to

Plea form

For a summary-offense plea, the form may consist only of the disposition page and must state the offenses and any plea-agreement terms.

For pleas to a summary offense, the plea form need only consist of the disposition page, and need only state the offenses to which the defendant is pleading and any terms of a plea agreement.

INFO

Applies to

Arraignment notice

The prescribed arraignment notice advises defendants to contact existing counsel immediately, recommends prompt retention of counsel, and recommends an immediate Public Defender application if they cannot afford a lawyer.

2. If you have an attorney, contact him/her immediately. If you do not have an attorney it would be to your advantage to retain one without further delay. You have a right to be represented by a lawyer. If you believe you cannot afford a lawyer, then you should immediately make application to the Office of the Public Defender.

INFO

Applies to

Status conference memo

Additional sheets may be attached to the memo if necessary.

YOU MAY ATTACH ADDITIONAL SHEETS IF NECESSARY!