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

CRITICAL

The District Justice must cause the complaint to be filed with the Clerk of Courts as soon as practicable.

The District Justice shall cause the complaint to be filed with the Clerk of Courts as soon as practicable.

WARNINGCivil cases

A filing that does not comply with law, court rules, or the applicable fee schedule must be noted and forwarded immediately to the Court Administrator.

(2) Filings that are not in compliance with the law, rule of Court, or the appropriate fee schedule, shall be duly noted and forwarded immediately to the office of the Court Administrator.

CRITICAL

Counsel must file the compliance affidavit and proof of deposit within 60 days after entry of the final order.

(h) Proof of Deposit and Compliance with Court Order. Within sixty (60) days of the entry of a final order, counsel shall file an affidavit with the Prothonotary certifying compliance with the court order, and shall submit proof of deposit in the form of a photocopy of the restricted certificate of deposit or bankbook. The affidavit shall be substantially in the form set forth hereunder.

CRITICAL

Written objections to the proposed settlement or distribution must be submitted to the appropriate Prothonotary by the date specified in the notice.

If you object to the proposed settlement and/or proposed distribution, you must submit your written objections on Response to the Petition on or before _________, ______, to the following address: Prothonotary Warren County Courthouse 204 Fourth Avenue Warren, PA 16365 Prothonotary Forest County Courthouse Tionesta, PA 16353

CRITICALCivil cases

Appraisers must file an appraisal of the claimed property with the Clerk within 30 days after appointment.

The appraisers shall, within thirty (30) days after their appointment, file with the Clerk an appraisal of the property claimed.

CRITICAL

Within 60 days from the final order, counsel must file proof of the required accounts by affidavit and attach a copy of the Certificate of Deposit and/or bank account showing the required restrictions.

Counsel shall file with the Prothonotary within sixty (60) days from the date of this final order, proof of the establishment of the accounts as required herein, by affidavit from counsel certifying compliance with this order. Counsel shall attach to the affidavit a copy of the Certificate of Deposit and/or bank account containing the required restrictions.

CRITICALCriminal cases

All pretrial motions for relief must be filed on or before 30 days from the stated arraignment date.

I must file all pre-trial motions for relief on or before thirty (30) days from the stated arraignment date.

CRITICAL

A party seeking an expanded schedule must notify the Court Administrator within 10 days after entry of the case management order and must notify all counsel and pro se parties of the conference details.

2. If any party determines that the complexity of the case will require an expanded schedule, that party shall notify the Court Administrator within 10 days of the entry of the Civil Case Management Order to request a scheduling conference. It shall be the responsibility of the party requesting a scheduling conference to notify all counsel and any parties proceeding pro se of the date, time and place of the scheduling conference.

CRITICALCriminal cases

A Gagnon II hearing must be scheduled promptly and no later than 120 days after the Gagnon I hearing.

A Gagnon II hearing, whether it be with regard to a contested violation, alleged violations or merely for the purpose of disposition or for both purposes, shall be scheduled promptly, but no later than one hundred twenty (120) days after the Gagnon I hearing.

CRITICAL

The opposing party must file an answer and reply brief within 30 days after service of the motion, unless the court modifies the response time.

The opposing party shall file an answer and reply brief to the motion within thirty (30) days after service of the motion, unless the time for filing the response is modified by court order.

CRITICALCriminal cases

A defendant seeking a judge trial without a jury must notify the Court no later than the time set for the case’s trial-list call.

I must give the Court notice no later than the time set for the call of the trial list in my case [which date has been provided to me on the Criminal Case Scheduling Form I have received] if I desire to have my case tried before a judge without a jury.

CRITICAL

Deadline

48 hours

If a party, in the exercise of reasonable diligence, first becomes aware after the pre-trial conference of the necessity or desirability of using a witness, an exhibit, a hypothetical question, plot or plan, he shall forthwith provide the court and other counsel with the same information with respect to such witness, exhibit, hypothetical question, plot or plan as is required on the pre-trial statement set forth in Rule L212.2 above. Failure to provide such information no less than 48 hours before selection of the jury, or commencement of trial in a non-jury case, may, in the discretion of the court, justify refusal by the court to permit the use of such witness, exhibit, hypothetical question, plot or plan at trial.

If a party, in the exercise of reasonable diligence, first becomes aware after the pre-trial conference of the necessity or desirability of using a witness, an exhibit, a hypothetical question, plot or plan, he shall forthwith provide the court and other counsel with the same information with respect to such witness, exhibit, hypothetical question, plot or plan as is required on the pre-trial statement set forth in Rule L212.2 above. Failure to provide such information no less than 48 hours before selection of the jury, or commencement of trial in a non-jury case, may, in the discretion of the court, justify refusal by the court to permit the use of such witness, exhibit, hypothetical question, plot or plan at trial.

CRITICALCivil cases

Objections must be filed within 20 days after confirmation to prevent confirmation and distribution under the filed Statement of Proposed Distribution.

The advertisement shall include the names and capacity of respective accountants and shall also state that unless objections are filed with twenty (20) days after confirmation, the confirmation will be confirmed and distribution may be made in accordance with any Statement of Proposed Distribution filed with the Account.

CRITICALCriminal cases

A defendant with counsel of record may file the waiver form before arraignment to waive arraignment.

A defendant who has counsel of record may, prior to arraignment, waive the arraignment by filing a Waiver of Arraignment Form in the Clerk of Courts’ office substantially similar to Form L571.

CRITICALCivil cases

A party or person entitled to and seeking a jury trial must make a timely demand under PEF Code §777(c).

A party or person entitled to and desiring a trial by jury shall make timely demand thereof in accordance with PEF Code §777(c).

CRITICALCriminal cases

A defendant intending to offer an alibi, insanity, or mental-infirmity defense must notify the attorney for the Commonwealth in writing within 30 days after the stated arraignment date.

If I intend to offer the defense of alibi, insanity or mental infirmity, I must notify the attorney for the Commonwealth in writing within thirty (30) days after the stated arraignment date.

CRITICALCivil cases

An interested party may file exceptions to an Auditor’s or Master’s report within 20 days after service of the report on that party.

Any interested party shall have the right to file exceptions to an Auditor’s or Master’s report within twenty (20) days after the date of service upon that party.

CRITICALCriminal cases

A written appearance is due by arraignment, or as soon as possible if counsel is retained after arraignment.

Counsel representing a defendant shall file a written appearance in all cases in the office of the Clerk of Courts at or before the time of arraignment. A written appearance shall be filed as soon as possible if employment follows arraignment.

CRITICAL

Deadline

15 calendar days

The President Judge will meet with the complainant within 15 calendar days after receiving the appeal.

Within fifteen (15) calendar days after receipt of the appeal, the President Judge will meet with the complainant to discuss the complaint and possible resolutions.

CRITICAL

Counsel must file the compliance affidavit and proof of deposit within 60 days after entry of the final order.

(d) Proof of Deposit and Compliance with Court Order. Within sixty (60) days of the entry of a final order, counsel shall file an affidavit with the Prothonotary substantially in the form set forth hereunder, certifying compliance with the court order and shall submit proof of deposit in the form of a photocopy of the restricted certificate of deposit or bankbook. The affidavit shall be substantially in the form set forth hereunder.

CRITICAL

Under Option 1, an appropriate petition must be filed with the Orphans' Court within 30 days in connection with the guardian's additional security.

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

CRITICALCivil cases

Applies to

Objection

Interested parties have 20 days from notice to file objections with the Court.

Interested parties shall have twenty (20) days from the date of notice to file objections with the Court.

CRITICAL

Deadline

15 calendar days

The President Judge will provide a final written resolution within 15 calendar days after the meeting and, where appropriate, in an accessible format.

Within fifteen (15) calendar days after the meeting, the President Judge will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

CRITICAL

An appeal from an arbitration award must be filed no later than 30 days after the award is entered on the docket.

Said appeal shall be filed not later than 30 days after the date of the entry of the award of the arbitrators on the docket.

CRITICALCriminal cases

A Request for a Bill of Particulars must be filed in writing within seven days after the stated arraignment date.

I must file a Request for a Bill of Particulars in writing within seven (7) days after the stated arraignment date.

CRITICALCivil cases

The appraiser must file the appraisal with the Clerk within 30 days of appointment.

After appointment, the appraiser shall file with the Clerk their appraisal within thirty (30) days of appointment.

CRITICALCivil cases

Accounts and Statements of Proposed Distribution must be filed at least 30 days before the selected regularly scheduled confirmation date published in the annual Court Calendar.

(a) All Accounts and Statements of Proposed Distribution must be filed with the Clerk of the Orphans’ Court no later than thirty (30) days before the regularly scheduled confirmation date published in the annual Court Calendar upon which the accountant desires to have the Account and/or Statement of Proposed Distribution submitted to the Court for approval.

CRITICALCivil cases

The official must file the report within 90 days of appointment; in a complicated case, the Court may extend the deadline on the official’s application for good cause, and failure to meet the deadline or an extension may result in vacatur and denial of compensation or reimbursement.

The official shall file the report within ninety (90) days of the appointment provided that an extension will be permitted by the Court upon application of the official for good cause shown in complicated cases. Should the official fail to file the report within the time limits or extensions herein, the appointment may be vacated and compensation and reimbursement for services rendered or expenses incurred may be denied.

CRITICALCivil cases

A bonded personal representative selling real estate without a court order must present a petition before the purchaser pays the sale proceeds.

In a sale of real estate, whether public or private, by a personal representative acting without benefit of an order of Court, directing or authorizing such sale, but who was required to give bond, the personal representative shall present a petition to the Court before the proceeds of the sale are paid by the purchaser setting forth:

CRITICAL

Deadline

15 calendar days

The ADA Coordinator or designee will investigate the complaint within 15 calendar days after receiving it, including meeting with the complainant in person or by telephone.

Within fifteen (15) calendar days of receipt of the complaint, the ADA Coordinator or designated individual will investigate the complaint, including, meeting with the individual seeking an accommodation, either in person or via telephone, to discuss the complaint and the possible resolutions.

CRITICALCivil cases

Exceptions must be filed within 20 days from the report’s filing date to prevent the report from being presented to the Court for confirmation.

Said notice shall inform all parties that unless exceptions are filed within twenty (20) days from the date of the filing of the report, it will be presented to the Court for confirmation.

CRITICAL

For cases handled by a magisterial district judge, a written objection must be received by the rule return date or within 30 days after publication to avoid dismissal.

If no written objection is received by the magisterial district judge prior to the date for the rule returnable or within thirty (30) days after publication as set forth in (6) above, an order shall be entered dismissing the matter with prejudice for failure to prosecute under the provisions of this rule.

CRITICALCivil cases

(a) If no exceptions are filed to the official’s report within twenty (20) days of the fate of filing, the Clerk shall transmit the report to the Court for confirmation.

(a) If no exceptions are filed to the official’s report within twenty (20) days of the fate of filing, the Clerk shall transmit the report to the Court for confirmation.

CRITICALCriminal cases

When a written waiver is filed before the scheduled arraignment, that scheduled date is treated as the arraignment date for computing specified pretrial filing limits and scheduling further dates.

If a written Waiver of Arraignment is filed prior to the scheduled date of arraignment, the scheduled date of arraignment shall be deemed the day of arraignment for the purpose of computing time limitations for filing all pre-trial motions and requests pursuant to Pa.R.Crim.P.567, 568, 572, 573, 578 and 579 and for the purpose of scheduling further dates pursuant to these rules.

CRITICAL

Within 60 days of the final Order, counsel must file an affidavit certifying compliance and attach a copy of the restricted deposit certificate or bank account.

Within sixty (60) days from the date of this final Order, counsel shall file with the office of Civil Administration an Affidavit from counsel certifying compliance with this order. Counsel shall attach to the Affidavit a copy of the Certificate of Deposit and/or bank account containing the required restrictions.

CRITICAL

The arbitration board’s award must be filed with the Prothonotary within 10 days after the hearing or its last adjournment.

The arbitration board’s award shall be filed with the Prothonotary within 10 days after the day of the hearing or the last adjournment thereof.

CRITICALCivil cases

The court must set the hearing at least 20 days after service of the petition and citation.

The Court shall fix a date for hearing which shall not be less than twenty (20) days after the service of the petition and citation.

CRITICALCriminal cases

Failure to file discovery or pretrial-relief motions within the prescribed time limits is considered a waiver of the right to file them.

If I fail to file any motions for discovery or pre-trial relief within the prescribed time limits, it shall be considered a waiver of my right to file such motions.

CRITICAL

A respondent must answer within the time set by the Court or, if none is stated, within 20 days after service.

Each respondent shall file an answer to a petition or rule to show cause within the time prescribed by the Court or if not stated within twenty (20) days after the petition or rule is served on such respondent.

CRITICAL

Deadline

60 calendar days

The complaint should be submitted as soon as possible but no later than sixty (60) calendar days after the alleged violation.

The complaint should be submitted as soon as possible but no later than sixty (60) calendar days after the alleged violation.

CRITICAL

If not already filed, pre-hearing statements are due within 20 days from the date of the appointment order.

If not filed already the parties are ordered to file their pre-hearing statements within twenty (20) days from this date.

CRITICALCivil cases

Notice must be given at least 20 days before the date set for confirmation.

Said notice shall be given not less than twenty (20) days prior to the date set for confirmation.

CRITICAL

Deadline

15 calendar days

The ADA Coordinator or designee will respond in writing within 15 calendar days after the meeting and, where appropriate, use a format accessible to the complainant.

Within fifteen (15) calendar days of the meeting, the ADA Coordinator or designated individual will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio.

CRITICALCivil cases

Applies to

Adoption petition

Adoption petitions must be filed with the Clerk 45 days before the scheduled hearing.

(b) All adoption petitions shall be filed with the Clerk forty-five (45) days prior to the scheduled hearing date.

CRITICAL

A party served with a bill of costs may file exceptions within 10 days after service; failure to do so waives all objections.

The party upon whom a bill of costs has been served may, within ten (10) days after such service, file exceptions thereto, and the issue shall be determined by the court. Failure to file exceptions within ten (10) days shall be deemed a waiver of all objections.

CRITICALCivil cases

Exceptions to an appraisal must be filed with the Clerk within 20 days after confirmation.

Exceptions to an appraisal shall be filed with the Clerk within twenty (20) days after confirmation.

CRITICALCivil cases

A required bond must be presented by the time set by the Court; otherwise, the Clerk must order judgment of non pros upon the appellee’s praecipe.

If the bond is not presented within the time indicated by the Court, the Clerk, upon praecipe of the appellee(s), shall order a judgment of non pros.

CRITICALCriminal cases

The application must be received by the office at least five days before representation at a hearing.

Application must be received by this office at least five (5) days prior to representation at hearing.

CRITICALCivil cases

A review hearing must be set at least 20 days after service of the petition and hearing notice.

A hearing shall be set by the Court not less than twenty (20) days after service of the petition and notice of the hearing.

CRITICALCivil cases

Untimely exceptions will not be heard.

(g) In the event exceptions are filed, the Clerk shall forthwith transmit the proceedings to the Court Administrator for further scheduling for a hearing or argument as the Court may determine. No exceptions will be heard that are not timely filed.

CRITICALCriminal cases

An omnibus pretrial motion must be filed within 30 days after arraignment unless the opportunity did not exist, the grounds were unknown, or the Court extends the filing time for cause shown.

Except as otherwise provided in these rules, an omnibus pretrial motion for relief shall be filed and served within thirty (30) days after arraignment, unless opportunity therefor did not exist or the defendant, defense counsel, or the attorney for the Commonwealth was not aware of the grounds for the motion or the time for filing has been extended by the Court for cause shown.

CRITICALCivil cases

Accounts presented to the Court by Executors, Administrators, Guardians, or Trustees must be filed by the Friday before the first Monday of January, April, July, and October.

All Accounts presented to the Court of Executors, Administrators, Guardians, or Trustees shall be filed with the Clerk on or before the Friday preceding the first Monday of the months of January, April, July, and October of each year.

CRITICAL

A party objecting to the arbitration praecipe must file a motion to delay appointment of arbitrators within 20 days, pending completion of pretrial discovery and filings.

If the other party objects to the praecipe, that party shall, within the 20 days, file a motion requesting delay in the appointment of arbitrators pending completion of the pre-trial discovery and filings.

CRITICALCriminal cases

Deadline

10 court days

If the defendant is incarcerated because of the alleged probation or parole violation, the Gagnon I hearing must be held within ten court business days.

This hearing will be held within ten (10) court business days if the defendant is incarcerated as a result of the violation(s).

CRITICAL

An appeal from the Board’s decision must be filed within 30 days from the date of notification.

An appeal from the decision of the Board shall be filed within thirty (30) days from the date of notification by the Board.

CRITICAL

A seminar fee waiver or reduction request must be filed at least five days before the scheduled seminar.

Any request for waiver or reduction of the fee shall be filed with the Court Hearing Officer and shall be accompanied by a verified affidavit of indigency or other proof of economic hardship in accordance with Pa. R.C.P. No. 240, at least five days prior to the scheduled seminar.

CRITICAL

A written objection must be docketed by the rule return date or within 30 days after publication to avoid dismissal under this rule.

If no written objection is docketed prior to the date set for the rule returnable or within thirty (30) days after publication as set forth in (3) above, an order shall be entered by the Court dismissing the matter with prejudice for failure to prosecute under the provisions of this rule.

WARNING

If no appeal is filed within 30 days, judgment may be taken on the arbitration award.

(c) If no appeal is filed within 30 days, judgment may be taken on the award.

WARNING

The argument list closes 20 days before argument court.

The argument list shall close 20 days before argument court.

WARNING

An eligible taxing authority or property owner may become a party by filing an entry of appearance within 120 days after the appeal is filed.

Any taxing authority or property owner entitled to be notified of an appeal may become a party to the proceedings by filing an entry of appearance within one hundred-twenty (120) days of the filing of the appeal.

WARNING

Deadline

15 calendar days

If the response does not satisfactorily resolve the issue, the complainant may appeal to the President Judge within 15 calendar days after receiving the response.

If the response to the complaint does not satisfactorily resolve the issue, the complainant may appeal the decision within fifteen (15) calendar days after receipt of the response to the President Judge of the 37th Judicial District of Pennsylvania.

WARNINGCivil cases

Accounts of Executors, Administrators, Guardians, and Trustees are presented for confirmation at 9:00 a.m. on the first Wednesday of February, May, August, and November each year.

Upon the first Wednesday of February, May, August, and November of each year, accounts of Executors, Administrators, Guardians, and Trustees shall be presented to the Court at 9:00 a.m. for confirmation.

WARNING

The civil trial list closes 30 days before the civil trial term begins and includes cases noted ready for jury and non-jury trial.

(a) Thirty days prior to the civil trial term commencing, the civil trial list shall be closed and the Prothonotary shall prepare a civil trial list of all civil cases which have been noted ready for trial. The list shall include cases for jury and non-jury trial.

WARNING

A party may plead additional material by answer or new matter within 30 days of becoming a party.

However, any party may plead additional material by way of answer or new matter, as appropriate, within (30) days of becoming a party.

INFOCivil cases

If the gross estate does not exceed the statutory limit, the personal representative may present a petition with an attached account after one year from the first complete advertisements of the grant of letters.

When the value of the gross real and personal estate of a decedent does not exceed the value of the statutory limitation, the personal representative, after the expiration of one (1) year from the first complete advertisements of the grant of letters, may present a petition to the Court with an account attached under the provisions of the PEF Code §3531 (20 Pa. C.S.A. §3531).