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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 7th day of January 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 December 3, 2020 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 January 11, 2021 through Friday January
29, 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 January 29, 2021 that cannot
be conducted using ACT shall be postponed to a date certain after
January 29, 2021 pursuant to the procedures for each division.
• All published Civil trial lists continue to be suspended subject to the
Order of September 17, 2020 (AD 185 of 2020) concerning non-jury
trials in the Civil Division, attached here as Exhibit A.
• 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 January 31, 2021, all Civil Division
Orders of Court staying a case pursuant to the terms of the CDC Order
are hereby extended through January 31, 2021.
• All in person arbitration hearings are suspended through January 29,
2021.
o All previously scheduled 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 remote arbitration hearing using ACT. The parties requesting a
remote ACT arbitration hearing shall do so utilizing the forms,
instructions and protocols found on the Court’s website at
https://www.alleghenycourts.us/civil/arbitration.aspx.
o If an arbitration hearing is continued pursuant to this Order and
the parties do not seek a remote arbitration hearing, the Court
will reschedule the arbitration and the Department of Court
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Records will send notice of the new arbitration hearing date to the
parties.
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 are detained and
who request an in-person hearing may proceed in person.
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.
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Magisterial District Courts
The operations in the Magisterial District Courts are temporarily modified as
follows:
Postponements
• Summary Non-Traffic/Traffic proceedings scheduled during the period
from January 11, 2021 through January 29, 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 January 29,
2021.
• Landlord-Tenant proceedings scheduled during the period from January
11, 2021 through January 29, 2021 shall be postponed to a date certain
after January 29, 2021.
• Civil proceedings scheduled during the period from January 11, 2021
through January 29, 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 January 29, 2021.
Civil proceedings scheduled during the period from January 11, 2021
through January 29, 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 January 29, 2021, or
B. If the defendant appears on the scheduled hearing date, the case
shall be postponed to a date certain after January 29, 2021.
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If the defendant fails to comply with (A) or (B) above, then 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 scheduled during
the period from January 11, 2021 through January 29, 2021 shall be
postponed to a date certain after January 29, 2021.
There will be no in-person hearings in the Magisterial District Courts
In-Person Hearings
except:
Preliminary Hearings for incarcerated individuals 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.
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.
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Pittsburgh Municipal Court
The operations in Pittsburgh Municipal Court are temporarily modified as
follows:
Postponements
• Non-Traffic summary proceedings scheduled during the period from
January 11, 2021 through January 29, 2021 shall be postponed to a
date certain after January 29, 2021.
• Traffic summary proceedings scheduled during the period from January
11, 2021 through January 29, 2021 shall be postponed to a date certain
after January 29, 2021.
• Preliminary hearings for non-incarcerated individuals scheduled during
the period from January 11, 2021 through January 29, 2021 shall be
postponed to a date certain after January 29, 2021.
In-Person Hearings
There will be no in-person hearings at Pittsburgh Municipal Court except:
Preliminary Hearings for incarcerated individuals 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.
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.
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Pittsburgh Municipal Court shall remain open to the public and open for case
filings, payments and case processing.
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Jury selection and jury trials are suspended through January 29, 2021. 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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