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IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
IN RE: TEMPORARY AMENDMENT
TO FIFTH JUDICIAL DISTRICT
EMERGENCY OPERATIONS
PLAN
)
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) No. 23 WM 2020
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)
)
ORDER OF COURT
AND NOW, this 24th day of February 2021, this Court continues to
recognize that, due to the high number of positive COVID-19 tests in
Allegheny County, ongoing efforts must be made to reduce the amount of
people present in court facilities while keeping the courts open to the public.
Accordingly, the Court extends its January 26, 2021 temporary amendment
of its August 31, 2020 Emergency Operations Order with some modifications
and it is hereby ORDERED that the following measures be taken pursuant to
Pa.R.J.A. No. 1952(B)(2) effective Monday, March 1, 2021 through Friday,
April 2, 2021:
Court of Common Pleas
During this period of time, all matters shall be conducted remotely via
Advanced Communication Technology (ACT) and no in-person hearings or
proceedings shall occur in any division of the Court of Common Pleas other
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than as set forth below. All proceedings that can be conducted remotely shall
proceed as scheduled subject to the following provisions.
Postponements
• All proceedings scheduled on or prior to April 2, 2021 that cannot be
conducted using ACT or in person, as permitted pursuant to this Order,
shall be postponed to a date certain after April 2, 2021 pursuant to the
procedures for each division.
• All published Civil Division trial lists continue to be suspended subject to
the Order of September 17, 2020 (AD 185 of 2020) concerning non-jury
trials and the Order of February 5, 2021 (AD 27 of 2021) concerning in-
person jury trials.
• Recognizing that the September 4, 2020 Center for Disease Control and
Prevention’s Order temporarily halting certain evictions nationwide (CDC
Order) has been extended through March 31, 2021, all Civil Division
Orders of Court staying a case pursuant to the terms of the CDC Order
are hereby extended through March 31, 2021.
• All in-person arbitration hearings are suspended through April 2, 2021.
o All previously scheduled fully remote arbitration hearings
conducted using ACT shall proceed as scheduled. If an in-person
hearing has been suspended pursuant to this Order, the parties
may request a fully remote arbitration hearing using ACT. The
parties requesting a fully remote ACT arbitration hearing shall do
so utilizing the forms, instructions and protocols found on the
at
Court’s
https://www.alleghenycourts.us/civil/arbitration.aspx.
website
o If an arbitration hearing is continued pursuant to this Order and
the parties do not seek a fully remote arbitration hearing, the
Court will reschedule the arbitration and the Department of Court
Records will send notice of the new arbitration hearing date to the
parties.
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In-Person Hearings
ICC Hearings for incarcerated individuals shall proceed as scheduled in
the Family Division, with as many participants appearing by ACT as
possible, including witnesses and attorneys.
Delinquency adjudication hearings for juveniles who request an in-
person hearing may proceed in person with as many participants
appearing by ACT as possible, including witnesses and attorneys. No
other juvenile court hearings or proceedings shall be conducted in
person.
person.
In the Criminal Division, only non-jury trials, motions which require
witness testimony, and sentencing hearings and pleas, where there is a
likelihood that an immediate sentence of imprisonment will be imposed
may proceed as scheduled in person with as many participants
appearing by ACT as possible, including witnesses and attorneys. No
other Criminal Division hearings or proceedings shall be conducted in
No jury trials, non-jury trials, or other proceedings which require the in-
person testimony of out-of-state witnesses shall take place in any
Division until after April 2, 2021.
The Civil Division Arbitration Department will resume limited in-person
arbitration hearings on April 5, 2021, employing all safety protocols as
set forth in the Court’s Amended Emergency Operations Plan Order of
August 31, 2021.
Pending further order of court, no jury trials shall take place until after
April 2, 2021. The Court shall continue to evaluate the circumstances
regarding the positive COVID-19 cases in Allegheny County to
determine an appropriate time to resume jury trials.
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All Court of Common Pleas facilities shall remain open to the public and
open for case filings including, but not limited to:
• The Criminal Division Miscellaneous Motions Counter, Room 534 for
acceptance of filings;
• The Formal Arraignment section, Room 519, for those defendants with
a scheduled formal arraignment who have not waived their presence;
• The Civil Division Housing Court Help Desk for assistance to landlords
and tenants;
• The Family Law Center for the filing of Petitions for Protection from
Abuse (PFA) and entry of Temporary PFA Orders per the August 31,
2020 Emergency Operations Order.
Magisterial District Courts
The operations in the Magisterial District Courts are temporarily modified as
follows:
• Summary Non-Traffic/Traffic proceedings scheduled during the period
from March 1, 2021 through April 2, 2021, in which all parties agree and
are able to conduct the proceeding using ACT, may be conducted
remotely. If the proceedings cannot be conducted using ACT, the
proceedings shall be postponed to a date certain after April 2, 2021.
Special hardship requests by a defendant for an in-person hearing in a
summary case may be granted at the discretion of the Magisterial
District Judge, provided that all COVID-19 protocols, including
occupancy restrictions in courtrooms and waiting rooms, are strictly
followed.
Commerical Landlord-Tenant proceedings may proceed as scheduled,
with as many participants appearing by ACT as possible, including
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witnesses and attorneys. Participants who cannot appear by ACT are
permitted to appear in person.
• Residential Landlord-Tenant proceedings shall be governed by a
separate Order issued this same date.
• Civil proceedings scheduled during the period from March 1, 2021
through April 2, 2021, in which the defendant has notified the Court that
they intend to defend the case pursuant to Pa.R.C.P.M.D.J. 304(4)(a),
shall be postponed to a date certain after April 2, 2021.
Civil proceedings scheduled during the period from March 1, 2021
through April 2, 2021, where the defendant has not notified the Court
that they intend to defend the case pursuant to Rule 305(4), shall
remain on the docket. In such cases:
A. If prior to the scheduled hearing date, the defendant notifies the
Court that they intend to defend the case, the case shall be
postponed to a date certain after April 2, 2021; or
B. If the defendant appears on the scheduled hearing date, the case
shall be postponed to a date certain after April 2, 2021.
If the defendant fails to comply with A. or B. above, a judgment may be
entered against the defendant by default pursuant to Rule 319(B).
• Civil proceedings in which all parties agree to conduct the hearing using
ACT may be conducted remotely.
Preliminary Hearings for non-incarcerated individuals may proceed as
scheduled, with as many participants appearing by ACT as possible,
including witnesses and attorneys. Participants that cannot appear by
ACT are permitted to appear in person.
Preliminary Hearings for incarcerated individuals shall proceed as
scheduled, with as many participants appearing by ACT as possible,
including witnesses and attorneys. Participants who cannot appear by
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ACT are permitted to appear in person. Incarcerated participants will
appear by ACT.
Emergency PFA Petitioners may appear in person to present their
petitions per the August 31, 2020 Emergency Operations Order.
Preliminary Arraignments will proceed per the August 31, 2020
Emergency Operations Order.
The Magisterial District Courts shall remain open to the public and open for
case filings, payments and case processing.
follows:
Pittsburgh Municipal Court
The operations in Pittsburgh Municipal Court are temporarily modified as
• Non-Traffic summary proceedings scheduled during the period from
March 1, 2021 through April 2, 2021 shall be postponed to a date certain
after April 2, 2021.
Traffic summary proceedings scheduled during the period from March 1,
2021 through April 2, 2021 shall be postponed to a date certain after
April 2, 2021, with the exception of traffic summary proceedings
involving moving violations which shall proceed as scheduled, with as
many participants appearing by ACT as possible, including witnesses
and attorneys. Participants that cannot appear by ACT are permitted to
appear in person.
Preliminary Hearings for both non-incarcerated and incarcerated
individuals shall proceed as scheduled, with as many participants
appearing by ACT as possible, including witnesses and attorneys.
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Participants who cannot appear by ACT are permitted to appear in
person.
Summary hearings for incarcerated individuals shall proceed as
scheduled, with as many participants appearing by ACT as possible,
including witnesses and attorneys. Participants who cannot appear by
ACT are permitted to appear in person. Incarcerated participants will
appear by ACT.
Emergency PFA Petitioners may appear in person to present their
petition per the August 31, 2020 Emergency Operations Order.
Preliminary Arraignments will proceed per the August 31, 2020
Emergency Operations Order.
Pittsburgh Municipal Court shall remain open to the public and open for case
filings, payments and case processing.
All other provisions of the Emergency Operations Plan Order entered on
August 31, 2020 as amended shall remain in effect until further Order of Court.
All Court facilities shall remain open to the public and open for case filings and
other business except as described above.
BY THE COURT:
Kim Berkeley Clark
President Judge
, P.J.
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