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

CRITICAL

Filed documents must be endorsed with the filing day and exact time, which is conclusive evidence absent fraud, accident, or mistake.

All documents filed in the office of the Prothonotary or Clerk of Courts or Clerk of the Orphans Court shall be endorsed with the day and exact time of filing, which endorsement, in the absence of fraud, accident, or mistake shall be conclusive evidence of such date and time of filing.

CRITICAL

The moving party must file its brief at the same time as the motion.

The moving party shall file a brief simultaneous to the Motion.

CRITICAL

Opposing parties must file a response and supporting brief within 20 days after service of 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

The exhibit index must be filed with the corresponding Records Office no later than five business days after the proceeding concludes.

The index of exhibits shall be filed of record with the corresponding Records Office, as defined by Pa. R.J.A 5101(a)(7), not later than five business days after the conclusion of the Court Proceeding pursuant to Pa. R.J.A. 5104(a)(2).

CRITICAL

A request for a bill of particulars must be filed within seven days after arraignment.

- (1) A "Request for a Bill of Particulars" within seven (7) days following the date of my arraignment pursuant to Pennsylvania Rule of Criminal Procedure No. 572.

CRITICAL

The numbered exhibit list must be provided to the applicable Records Office no later than five business days after the proceeding.

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.

CRITICAL

The Praecipe to Withdraw Argument must be filed before the argument date if an answer resolves the need for argument.

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

Deadline

48 hours

A represented defendant may waive arraignment by delivering the original waiver to the Court Administrators Office at least 48 hours beforehand; the Court considers it at the scheduled arraignment, and compliance excuses the defendant and counsel from appearing.

A defendant who is represented by counsel may waive arraignment. When a defendant represented by counsel waives arraignment prior to the scheduled formal arraignment, the original waiver must be delivered to the Court Administrators Office at least 48 hours prior to the arraignment date. The waiver will be presented to the Court at the scheduled time for arraignment for Court approval before the waiver is formally entered in the docket. Compliance with these time periods shall excuse Defendant and counsel from appearance at the scheduled arraignment.

CRITICAL

Parties who receive a proposed-termination notice may file a Statement of Intention to Proceed with the Prothonotary within 60 days after the notice is filed.

Parties receiving notice of the proposed termination of their case, as described in paragraph A may file a Statement of Intention to Proceed. The Statement of Intention to Proceed shall be filed with the Prothonotary within sixty (60) days from the date the Notice of Proposed Termination is filed. A copy of the Statement of Intention to Proceed shall be served upon the Court Administrator and the opposing party, or counsel, if represented.

CRITICAL

Arraignment must take place no later than 10 days after the indictment or information is filed, subject to postponement by the Court for cause shown.

c. Arraignment shall take place no later than ten (10) days after indictment or information has been filed unless otherwise postponed by the Court for cause shown.

CRITICAL

The written request to waive oral argument must be submitted 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

A motion for pre-trial discovery and inspection must be filed within 14 days after arraignment.

- (2) A "Motion for Pre-Trial Discovery and Inspection" within fourteen (14) days following the date of my arraignment pursuant to Pennsylvania Rule of Criminal Procedure No. 573.

CRITICAL

Exceptions must be filed within 20 days of the date 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

The proposed order must set the Rule to Show Cause 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

The photographic copy must be presented for inclusion in the record before the proceeding ends.

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.

CRITICAL

When arraignment is waived, the filing periods for the bill-of-particulars request, discovery motion, and omnibus pretrial motion run from the date the Court approves the waiver.

The time periods for filing the request for a bill of particulars, the discovery motion and the omnibus pretrial motion shall begin and be calculated from the date on which the Court approves the waiver.

CRITICAL

The Omnibus Pre-Trial Motion must be filed within 30 days after arraignment.

- (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

The response brief must be filed 30 days after the moving party’s brief is filed.

The response brief must be filed thirty (30) days thereafter.

CRITICAL

The Master or Hearing Officer must file the exhibits and their index with the Prothonotary within five business days after filing the Report and Recommendation.

The Master or Hearing Officer shall file all exhibits, together with an index of the exhibits, with the Prothonotary within five business days of the filing of their Report and Recommendation with the Court.

CRITICAL

The Hearing Officer must file a Report and Recommendation and proposed Order within 15 days after trial concludes, unless the Court extends the deadline for good cause shown.

The Hearing Officer shall file a Report and Recommendation and proposed Order with fifteen (15) days upon which the trial is concluded, unless extended by Court Order, for good cause shown.

CRITICAL

The stated motion-filing deadlines are mandatory unless unusual circumstances exist or the Court extends the time.

My attorney and I understand that the time for the filing of the above motions is mandatory except where unusual circumstances exist or the time has been extended by the Court.

CRITICAL

If no Statement of Intention to Proceed is filed within 60 days of the proposed-termination notice, the Prothonotary must enter an order terminating the matter with prejudice for failure to prosecute.

If no Statement of Intention to Proceed is filed within sixty (60) days of the Notice of Proposed Termination, the Prothonotary shall enter an order as of course, terminating the matter with prejudice for failure to prosecute.

WARNING

Requesting a decision on the briefs does not delay the filing of briefs.

This shall not delay the filing of briefs.