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

CRITICAL

The Clerk may not refuse a pleading or other legal paper for failure to satisfy a local-rule requirement unrelated to filing fees.

No pleading or other legal paper shall be refused for filing by the Clerk of Judicial Records/Prothonotary based on a requirement of a local rule unrelated to the payment of filing fees.

WARNING

Fiduciary accounts may be filed on any day the office where they must be filed is open for business.

Accounts of fiduciaries required to be presented to the Orphans’ Court Division may be filed on any day on which the office in which the same is required to be filed is open for business.

CRITICAL

Deadline

5 business days

ii. File all documentary exhibits, photographs, and photographs of non-documentary exhibits with the Records Office within five business days of

ii. File all documentary exhibits, photographs, and photographs of non-documentary exhibits with the Records Office within five business days of

CRITICAL

Exceptions must be filed with the Clerk, with a copy submitted simultaneously to the court, on or before seven days after confirmation.

Exceptions shall be in writing, filed in the Office of the Clerk, with a copy thereof simultaneously submitted to the court, on or before seven (7) days after the date of confirmation of the account statement of proposed distribution.

CRITICAL

Any objection must be filed before the scheduled presentation for confirmation.

The same will be presented for confirmation to the Court of Common Pleas of the 44th Judicial District of Pennsylvania ______________ County Branch, Orphans’ Court Division, on the _______ day of ______________________, 20_____, at _____________ o’clock, and any objection must be filed prior thereto.

CRITICAL

File and present the appointment petition before filing the account.

An application to the court to appoint a guardian to trustee ad litem under Section 3504 of the PEF Code shall be made by separate petition filed and presented before the filing of an account.

CRITICAL

A party or attorney who serves a subpoena must file a copy and proof of service with the Clerk of Courts within five days after service.

(a) Any party, or an attorney therefore, who serves, or causes to be served upon a person a subpoena, shall file a copy of the same, along with proof of service thereof, with the Clerk of Courts within five (5) days of the date of service.

CRITICAL

The required exhibit copy and certification must be given to the records office no later than five days after the court proceeding concludes.

If an exhibit offered into evidence contains confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (“Policy”), the proponent shall give a copy of the exhibit and a certification prepared in compliance with the Policy and any related local rule to the records office no later than five days after the conclusion of the court proceeding.

CRITICAL

When briefs are required, the moving party must file and deliver its brief no later than 10 days before the hearing or argument.

Where briefs have been so required, the moving party or counsel shall file the brief with the Prothonotary of this court and deliver his brief to opposing counsel, the court, and unrepresented parties, no later than ten (10) days prior to the date set for hearing or argument.

CRITICAL

Adversary matters are deemed at issue on the return day fixed in the citation or order; absent cause shown and allowed, that day must be the next miscellaneous court day at least 30 days after the citation or order date.

All adversary matters initiated by petition or motion will be deemed at issue on the return day fixed in the citation or order awarded or issued upon court presentation of the petition or motion. Said return day, except for cause shown and allowed, shall be on the next day of miscellaneous court occurring not less than thirty (30) days after the date of the citation or order.

CRITICAL

A copy of a served subpoena or specified notice, with proof of service, is due for filing within five days of service.

Any party, or an attorney therefore, who serves, or causes to be served upon a person a subpoena, a notice to attend or a notice to produce, shall file a copy of the same, along with proof of service thereof, with the Prothonotary within five (5) days of the date of service.

CRITICAL

A party who did not request appointment of the Master must comply with the specified rules, if applicable, within 30 days after the Master mails notice of the appointment.

The party who has not sought the appointment of a Master shall comply with the provisions of Pa.R.C.P. 1920.31(a)(1) and Pa.R.C.P. 1920.33(a), where either or both apply, within thirty (30) days of date of mailing by the Master to such party of notice of the appointment of the Master.

CRITICAL

Deadline

5 working days

The defendant must submit the listed financial documents to the Domestic Relations Office by a date it specifies, no later than five working days before the scheduled support conference.

On a date to be specified by the Domestic Relations Office, but not later than five (5) working days preceding scheduled support conferences, the defendant shall submit to the Domestic Relations Office a copy of the following: a. a true copy of his or here most recent Federal Income Tax Return as filed; and b. his or her pay stubs for the preceding six months; and c. a completed income and expense statement on the forms he or she received from the Domestic Relations Office.

CRITICAL

If the judge orders a transcript, argument is scheduled for the next calendar-set miscellaneous court date at least 25 days after the transcript is filed; otherwise, it is at least 25 days after the motion is filed.

In the event that the trial judge shall order the transcription of all or a portion of the trial testimony, the District Court Administrator will schedule the motion for argument on the next day for miscellaneous court, as set by the calendar, occurring not less than twenty-five (25) days after the filing of the transcript of the testimony with the Clerk of Courts, otherwise not less than twenty-five (25) days after the filing of the motion.

CRITICAL

Objections must be filed with the Clerk and a copy submitted to the court before the scheduled presentation for confirmation, or they will not be heard.

All objections must be filed in the Office of the Clerk, with a copy thereof submitted simultaneously to the court, before the day and time fixed for presentation for confirmation; otherwise, such objections will not be heard and the account may be confirmed absolutely and a decree or adjudication may be made directing distribution in accordance with the statement of proposed distribution or as otherwise directed by the court.

CRITICAL

The surety justification must be filed before the bond is approved.

Where an individual surety is used on a bond, a justification of the surety shall be filed with the court, the Clerk of Courts or the Register, as the case may be, in the following form before the bond is approved:

CRITICAL

The opposing brief must be filed and delivered no later than 5 days before the hearing or argument, unless the matter is submitted on briefs only, in which case it is due by the final submission date specified in paragraph (e).

Opposing counsel or parties shall file the brief with the Prothonotary of this court and deliver his or their briefs to the moving party or counsel, and the court, no later than five (5) days before the day set for hearing or argument, unless the cause is to be submitted on briefs only: in such event, briefs of opposing parties or counsel shall be submitted no later than the final date provided in Paragraph (e) hereof.

CRITICAL

For cases other than divorce actions and cases subject to compulsory arbitration, record counsel or parties must file a praecipe to place the case on the trial list by the trial-list closing date set on the Court Calendar.

Cases other than actions for divorce and those subject to compulsory arbitration shall be ruled for trial upon praecipe to the Prothonotary by record counsel or parties, filed no later than the day for the close of the trial list, as set the Court Calendar.

CRITICAL

File the affidavit proving service with the Clerk before the date and time set for presentation for confirmation.

Proof of service of the notice herein required, together with all other notices required by applicable sections of these rules, the PEF Code, and the Orphans’ Court Rules of the Supreme Court, shall be by affidavit filed with the Clerk prior to the date and time for presentation for confirmation.

WARNING

Each filing office must maintain an account confirmation list that closes on the last business day of each calendar month.

Each such office shall maintain an account confirmation list which will close on the last business day of each calendar month.

WARNING

Accounts are presented for confirmation on the next court-calendar confirmation date occurring at least 30 days after the closing of the confirmation list in which they were filed.

Accounts filed as aforesaid will be presented to the court for confirmation on the next date set by the court calendar for confirmation of accounts which occurs at least thirty (30) days after the date of closing of the account confirmation list to which the same were filed.

WARNING

The Prothonotary must submit the trial list to the District Court Administrator no later than five days after the trial list closes.

No later than five (5) days after the close of the trial list, the Prothonotary shall submit a list of all cases for trial to the District Court Administrator.

INFO

The District Attorney may file its brief on the date set for argument.

and the brief of the District Attorney may be filed on the day set for the argument.