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AND NOW, this 31st day of August 2020, having previously declared a
judicial emergency in the Fifth Judicial District of Pennsylvania, this Court
amends its previous Emergency Operations Orders and now orders that the
actions set forth below be taken pursuant to Pa.R.J.A. No. 1952(B)(2). All
provisions of this Order apply through December 31, 2020.
I.
Public Access to Court Facilities
• A Court Facility includes, but is not limited to:
The Civil Division located on the 7th and 8th floors of the City-County
Building and the Housing Court Help Desk, located on the first floor
of the City-County Building, 414 Grant Street, Pittsburgh, PA 15219;
o The Criminal Division located on the 3rd and 5th floor of the
Courthouse, 436 Grant Street, Pittsburgh, PA 15219;
o The Family Law Center located at 440 Ross Street and 559 Fifth
Avenue, Pittsburgh, PA 15219;
o The Orphans’ Court Division, located on the 17th floor of the Frick
Building, 437 Grant Street, Pittsburgh, PA 15219;
1
o
ORDER OF COURT
IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
No. 23 WM 2020
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)
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)
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IN RE: AMENDED
FIFTH JUDICIAL DISTRICT
EMERGENCY OPERATIONS
PLAN
o Pittsburgh Municipal Court, 660 First Avenue, Pittsburgh, PA 15219;
o All Magisterial District Courts located in Allegheny County;
o All Adult Probation Offices, located in Allegheny County;
o All Juvenile Probation Offices including the six Community Intensive
Supervision Program sites located in Allegheny county;
o The Juvenile Dependency Hearing Officer Courtrooms located at:
1. (East Region) 10 Duff Road—Suite 208, 10 Corporate Center,
2. (Mon Valley Region) 355 Lincoln Highway, North Versailles, PA
Penn Hills, PA 15235;
15137;
3. (North Region) 421 East Ohio Street, Pittsburgh, PA 15212;
o Any Administrative Offices of the Fifth Judicial District; and
o Any other facility, building, or room designated by the President
Judge to hear and dispose of matters pending before the Court of
Common Pleas or Magisterial District Courts in the Fifth Judicial
District.
• All court facilities, including the courtrooms in all Divisions of the Court
of Common Pleas, the Magisterial District Courts and Pittsburgh
Municipal Court, will be open to the public for matters as specified below
in this Order.
• Persons must wear masks or face coverings to enter and remain in any
court facility. Persons who are not compliant with this order, will be
required to leave the court facility.
• Persons who enter any court facility shall comply with CDC and Health
Department recommendations for social distancing as well as any
signage posted in or on court facilities or instructions from a judge,
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judicial officer, Sheriff’s deputy, police officer, constable, building
security, or court employee.
• News media shall be permitted into court facilities but only in a manner
that is consistent with public safety. Cameras will not be allowed in any
court facility, unless specifically authorized by the President Judge,
Administrative Judge of a Division, or the District Court Administrator.
• Sheriff’s deputies, police, constables, and building security assigned to
any court facility are authorized to deny admission or remove a person
who is visibly ill or who is exhibiting symptoms of COVID-19. Any person
excluded or removed for health concerns shall be provided with
information (telephone number or email address) to enable them to
initiate, participate
in, or complete necessary essential court
business/functions during the judicial emergency.
• Only persons with essential court business are guaranteed admission
into any court facility, subject to restrictions above. Friends and family
members may be required to wait outside the facility.
• Sheriff’s deputies, police, constables, and building security shall have
the authority to enforce all of the conditions in this section. Persons
who are not compliant with this order, will be required to leave the court
facility.
I. Methods for Conducting Proceedings
• Whenever appropriate and feasible, and as directed by the President
Judge, the Administrative Judges of the Divisions, and the District Court
Administrator, court proceedings shall be conducted by Advanced
Communication Technology (ACT), primarily through Microsoft Teams,
pursuant to the protocol for teleconference hearings issued by the Court.
Other audio or teleconference methods may be employed, pursuant to
the protocol for teleconference hearings issued by the Court, with the
approval of the Administrative Judges. See Protocol for Teleconference
Hearings found on the Fifth Judicial District website.
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I
• Remote matters, conducted through Advanced Communication on
Technology shall be conducted with the same decorum as in-person
matters.
• When it is determined that conducting court proceedings through ACT
is not appropriate or feasible, court hearings and proceedings shall be
conducted utilizing protocols and policies relating to the use of masks or
other personal protective equipment, social distancing, and other
guidance specified in Section II of this Order.
• Any administrative order, policy, or protocol issued by an Administrative
Judge requiring certain proceedings to be conducted through ACT shall
be followed. Any exceptions to such an administrative order, policy, or
protocol must be approved by the Administrative Judge of the Division.
• In order to prevent overcrowding, court appearances and hearing times
shall be staggered, and the Administrative Judges may require that
scheduling of cases be centralized in each division.
• Attorneys are strongly encouraged to bring only essential witnesses and
persons to in-person court proceedings. Attorneys should encourage
their clients to refrain from having non-participants accompany them to
court proceedings.
• When a court reporter or other approved form of recording court
proceedings is unavailable, alternative forms of recording shall be
permitted.
• All persons participating in a court proceeding, including but not limited
to, judges and judicial officers, attorneys, court employees, court
reporters, witnesses, and spectators, are required to wear a mask or
face covering for the entire proceeding. The judge or judicial officer
may permit a person to temporarily remove the mask to take testimony
or where the presence of a mask would affect the ability to judge
credibility, provided that the requirements for social distancing, and in
the case of matter in the Criminal Division, the attached Criminal
Division Procedures (as may be subsequently amended and posted on
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the website of the Fifth Judicial District) are followed. In such cases,
the person will be required to wear a face shield. The Court shall make
every effort to minimize the number of people present for in-person
court proceedings, including allowing particular attorneys or witnesses
to appear remotely.
• Orders prohibiting and limiting the use of cellular phones in courtrooms
and court facilities remain in effect. However, due to the requirements
for social distancing, an attorney may use a cellular telephone to
communicate with a client or a witness while outside of the courtroom.
An attorney may use a cellular telephone to summon witnesses waiting
in another location, to the courtroom; or for such other purpose deemed
appropriate by the judge or judicial officer presiding over the court
proceeding.
The taking of photographs or the recording of any proceeding is strictly
prohibited. Anyone violating this provision shall forfeit their cellular
phone or device and shall be subject to contempt proceedings or other
sanctions.
•
• Taking the testimony of witnesses through ACT is strongly encouraged.
However, when a witness must testify in person in a courtroom, the
witness may be required to wait in another location until such time as
the court is prepared to take the testimony of the witness. Upon
conclusion of the testimony, the witness shall be excused from the
courtroom and shall leave the court facility unless the judge or judicial
officer determines that there is a reason that the witness must remain
in the court facility.
• News media may be permitted into a courtroom, if social distancing can
be maintained. The court may designate certain seats for the news
media, however, seats for attorneys, parties to the proceedings and
essential court staff take priority over seats for the news media.
• Sidebar conferences are prohibited until further order of court.
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III. Time Calculations and Deadlines
• Except as otherwise set forth in this Order, the suspension of time
calculations due to the judicial emergency that began on March 16, 2020
ended at the end of the day on June 1, 2020.
• Time calculations and deadlines were suspended during the judicial
emergency so that they did not continue to run during that time. The
suspension began on March 16, 2020 and continued through June 1,
2020–or for 78 days. New deadlines shall be calculated by adding the
time period of the suspension (days during which time calculations were
suspended due to the judicial emergency as applied to the particular
time calculation) to the original deadline. The period of suspension
caused by the judicial emergency added on to the deadline shall only
include that period of the suspension during which the particular time
calculation would have otherwise been running.
• For example, if an original 30-day deadline fell on March 19, 2020, and
the period of suspension under the judicial emergency was 78 days
(March 16th through June 1st), the new deadline would be June 5, 2020
(78 days after March 19th). In this example, the particular time
calculation stopped running during the entire 78-day suspension when
it would have otherwise been running. If, however, a deadline expired
before the judicial emergency began, then that deadline would not be
extended by the judicial emergency.
• The period of suspension caused by the judicial emergency added on to
the deadline shall only include that period of the suspension during
which the particular time calculation would have otherwise been
running. For example, if a 20-day time period begins running on May
27, 2020, when a complaint is served, then the original 20-day deadline
would be June 16, 2020. The period during which this particular time
calculation would be suspended by the judicial emergency would be 6
days (from May 27th through June 1st) and the new deadline would be
June 22, 2020 (6 days after June 16, 2020). Stated differently, if a 20-
day time period begins running on May 27, 2020, when a complaint is
served upon the defendant, the parties start counting the 20-day time
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period from June 2, 2020, (i.e. June 3rd is day one), and the new
deadline is again June 22, 2020.
• If, however, the particular time calculation did not start to run until after
June 1, 2020, then the deadline would not be extended as it would be
unaffected by the suspension. For example, if a 20-day time period
begins running on June 3, 2020 when a complaint is served then the
original 20-day deadline of June 23, 2020 would not be extended.
• Postponements or continuances resulting from the judicial emergency
shall be considered court postponements and shall constitute excludable
time, subject to constitutional limitations for purposes of the application
of Rule 600. See Commonwealth v. Bradford, 46 A.3d 693 (Pa. 2012)
and Commonwealth v. Mills, 162 A. 3d 323 (Pa. 2017).
• The suspension of Rule 600, subject to constitutional limitations, as
indicated in this Court’s previous Emergency Operations Orders, began
on March 16, 2020 and will continue through December 31, 2020,
subject to further order of court.
• Jury trials in both the Civil and Criminal Divisions remain suspended
until further Order of Court.
• Attorneys and litigants shall not use the judicial emergency to secure
strategic advantage in litigation, including by dilatory conduct.
Individual judges may determine, on a case-by-case basis, whether a
failure to meet a deadline was not directly the result of or affected by
the judicial emergency, (such as in routine discovery matters) and
whether the deadline should have been met during the judicial
emergency. The judge may then take any action deemed appropriate
to address the situation.
V. Transportation, Signatures, Fingerprinting, and Publication
• There will be no identification process at time of arrest, unless processed
through the Allegheny County Jail. Defendants will be assigned a
fingerprint appointment for a later date.
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I
• Until further Order of Court:
o No inmates will be transported from the Allegheny County Jail or
a state correctional facility for preliminary hearings.
o Juveniles will not be transported from Shuman Detention Center
or Hartman Shelter for court hearings, unless the judge orders the
juvenile to appear in court.
o Where the participation of the inmate or juvenile is required at a
court hearing, Advanced Communication Technology shall be
considered before issuing the order to transport.
o All juveniles or inmates who are being transported shall wear a
mask.
o The Sheriff’s deputies may refuse to transport an inmate or
juvenile who is visibly ill, who is exhibiting symptoms of COVID-
19, or who refuses to wear a mask, and shall immediately notify
the assigned judge.
• Alternative methods of signing, delivery, and service of court documents
and orders shall be permitted. This includes, but is not limited to,
facsimile signatures, electronic signatures, proxy signatures, and
designated court employees authorized to sign on behalf of a judge after
the judge has reviewed and approved the document for signature. Pro
se litigants completing forms at Pittsburgh Municipal Court may
authorize court employees to sign documents, when necessary, for the
safety of the litigants and court employees. Under such circumstances,
the court employee will sign his/her name to the document indicating
that the litigant has reviewed the document and that all of the
information contained therein was provided by the litigant. If an
employee must sign for a pro se litigant, he/she will do so in a manner
allowing the litigant to see the employee sign the document.
• In the interest of public health, the Pittsburgh Legal Journal shall be
published as an electronic PDF through the duration of the judicial
emergency in the Fifth Judicial District. During the judicial emergency,
proofs of publication produced by the Pittsburgh Legal Journal can be
properly verified and signed by a notary public only, instead of a notary
public and an affiant as is typically required. Proofs of publication may
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be mailed or emailed to relevant parties. Records of all electronic proofs
of publication and email correspondence shall be preserved.
Civil Division
V.
• Where appropriate and feasible, Civil Division proceedings shall be
conducted by Advanced Communication Technology, primarily through
Microsoft Teams, pursuant to the protocol for teleconference hearings
issued by the Court. Other audio or teleconference methods may be
employed, pursuant to the protocol for teleconference hearings issued
by the Court, with the approval of the Administrative Judges. See
Protocol for Teleconference Hearings posted on the Fifth Judicial District
website.
• All published trial lists are temporarily suspended pending further Order
of Court.
• Non-jury trials commenced in June 2020. Non-jury trials shall continue
to be conducted pursuant to the protocols outlined in this Order. Such
non-jury trials shall be identified by the Court and specially listed for
non-jury trial by separate Order(s) of Court. Where appropriate and
possible, such non-jury trials shall be conducted using Advanced
Communication Technology (ACT). When it is not appropriate and
possible to use ACT for non-jury trials, all parties, lawyers, witnesses,
and persons participating in the trial must follow the Fifth Judicial
District’s protocols and policies relating to the use of masks or other
personal protective equipment, social distancing, and other guidance
specified in Section II of this Order.
• Jury trials shall commence on a limited basis and only where the Court
enters an Order specifically scheduling a jury trial. Parties with cases
on previously published trial lists may jointly, with written consent by
all parties involved in the litigation, submit consented-to motions to the
Calendar Control Judge requesting that their case be scheduled to be
tried before a jury.
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• Consistent with this Order, the following matters shall be conducted
remotely through the use of Advanced Communication Technology:
Calendar Control Motions,
Housing Court Motions,
Discovery Motions,
General Motions (contested and uncontested),
Oral arguments on Preliminary Objections,
Oral arguments on Motions for Summary Judgment, or Judgment
on the Pleadings,
Conciliations relating to cases on the May 2020 Trial List, and
All other matters scheduled by any individual judge relating to a
case specifically assigned to that judge, unless litigants lack the
ability to participate using Advanced Communication Technology
and under such circumstances, the individual Judge will utilize
conduct
appropriate methods
arguments/hearings utilizing protocols and policies relating to the
use of masks or other personal protective equipment, social
distancing, and other guidance specified in Section II of this Order.
adjudicate
and/or
to
• See the Fifth Judicial District website, www.alleghenycourts.us, for
procedures and instructions relating to the following matters, including
Operating Procedures for all judges and remote submissions of the
following:
Calendar Control Motions;
Discovery Motions;
General Motions;
Housing Court Motions;
Preliminary Objections; and
Motions for Summary Judgment/Judgment on the Pleadings.
• Notwithstanding the suspension of time calculations and deadlines set
forth in Section I above, individual judges are hereby invested with
substantial discretion with the enforcement of time deadlines which
he/she has established in a particular case when handling one of the
matters outlined above in items (1) through (8) of the Civil Division
section of this Order.
1.
2.
3.
4.
5.
6.
7.
8.
.
2.
3.
4.
5.
6.
1
10
• The Governor’s Orders of May 7 and May 22, 2020 prohibiting
commencement of actions filed under the Landlord Tenant Act of 1951
for failure to pay rent, or due to an expired lease are scheduled to expire
on August 31, 2020. Landlord tenant actions in the Civil Division of the
Allegheny County Court of Common Pleas shall proceed pursuant to
applicable rules and laws. Residential landlord tenant actions filed at
the Magisterial District Courts shall proceed pursuant to the attached
Order, filed this same date, entitled Fifth Judicial District Temporary
Procedures Regarding Certain Residential Landlord Tenant Actions.
• Arbitration hearings resumed in June of 2020 utilizing the protocols and
policies relating to the use of masks or other personal protective
equipment, social distancing, and other guidance specified in Section II
of this Order. However, where all parties agree to using Advanced
Communication Technology (ACT), or by Order of Court upon cause
shown by one or more parties, arbitration hearings may be conducted
remotely through use of ACT.
• Conciliations and hearings before the Board of Viewers shall be
conducted remotely where appropriate and possible using ACT. Where
the litigants are unable to participate remotely utilizing ACT, the Board
of Viewers may proceed with in-person hearings, as necessary, utilizing
protocols and policies relating to the use of masks or other personal
protective equipment, social distancing, and other guidance specified in
Section II of this Order.
• In any case specially assigned to a judge, the judge assigned shall
attempt to use Advanced Communication Technology for all hearings,
conferences, and/or oral arguments on such matters so assigned. Where
one or more parties is unable to participate using Advanced
Communication Technology, then under such circumstances, the
assigned judge may conduct in-person hearings, conferences, and/or
oral arguments utilizing protocols and policies relating to the use of
masks or other personal protective equipment, social distancing, and
other guidance specified in Section II of this Order.
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• The Commerce and Complex Litigation Center will hear all petitions,
motions, conciliations, and hearings remotely using Advanced
Communications Technology; see
the standardized operating
procedures for Administrative Judge Christine A. Ward, and Judge Philip
Ignelzi,
Judicial District website,
www.alleghenycourts.us for information concerning matters assigned
to the Commerce and Complex Litigation Center.
available
Fifth
the
on
VI. Criminal Division
A. Remote Proceedings
• During the judicial emergency, the following matters in the Allegheny
County Court of Common Pleas, Criminal Division, shall presumptively
be conducted remotely through Advanced Communication Technology:
1. Bail Hearings and Motions Court;
2. Motions for Continuance and other motions which do not require
testimony;
3. Guilty Pleas;
4. Sentencing Hearings;
5. ARD Hearings;
6. Phoenix Docket and EDP Hearings;
7. Review Hearings for SOC, Domestic Violence Court, Drug Court, DUI
Court, Mental Health Court, PRIDE Court, and Veteran’s Court;
8. Probation Violation Hearings;
9. SOC Formal Arraignments.
• If a
judge
in a particular case determines that extenuating
circumstances exist that justify an in-person proceeding, then one of
the types of matters listed in the paragraph above may be heard in-
person, in whole or in part, in the courtroom. Extenuating
circumstances may exist, for example, when an interpreter is required
or where there is a likelihood that a sentence of imprisonment will be
imposed after a guilty plea. The Court shall make efforts to minimize
the number of people present for these in-person matters including
allowing particular attorneys or witnesses to appear remotely.
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• Recognizing the difficulty that defendants representing themselves may
have using Advanced Communication Technology, such defendants may
appear in person for any matter at the discretion of the judge.
Defendants representing themselves may also appear in person at
Formal Arraignment or Pretrial Conferences.
• Defense Counsel is encouraged to conduct Formal Arraignments without
appearing at the Formal Arraignment Office pursuant to the attached
procedure.
• Absent extenuating circumstances, Pretrial Conferences for represented
telephone, or
conducted by email,
should be
defendants
videoconferencing.
B. In-Person Matters
• Matters not listed in the first paragraph of section VI(A) of this Order,
which would otherwise be conducted in person, may also be conducted
using Advanced Communication Technology after consultation with the
parties and if the defendant consents and waives his or her confrontation
clause rights and his or her right to be physically present. This may
include matters such as non-jury trials or pretrial suppression motions
in which witnesses will be called.
• The Court shall continue to evaluate the circumstances regarding the
pandemic in Allegheny County to determine an appropriate time to
resume jury trials. A separate order will set forth additional
requirements relating to resumption of jury trials.
C. Conduct of Court Business
• Attorneys are to participate in Case Status Conferences as set forth in the
attached Case Status Conference Procedures. Judges or their staff may
also conduct status conferences via telephone or videoconferencing.
Attorneys are required to participate in any such status conferences.
13
• Absent extenuating circumstances unique to a particular case, inmates
will not be transported to the courthouse for proceedings except for trials,
hearings on matters which require witnesses, and cases where an
interpreter is necessary for an incarcerated defendant.
• Attorneys are strongly encouraged to file motions (including motions to
reduce bail), pleadings, and other documents through PACFile. Attorneys
and self-represented parties shall add their email address on the cover
page of all filings with the Court as part of their contact information. The
Bail Review Request Form may continue to be utilized and emailed to
Pretrial
at
the
https://www.alleghenycourts.us/criminal/pretrial_services/bail_services/
brr.aspx.
Services
website
Court’s
via
• All bail and miscellaneous motions for cases at the Court of Common Pleas
level that are assigned a CR number, should be filed through PACFile.
Miscellaneous motions, however, may also be filed in person and brought
to the motions counter in room 534 of the courthouse. All bail motions for
cases at the Magisterial District Court level shall be filed by emailing the
motion (with the OTN number of the case on the coversheet) to
DCRCriminal@AlleghenyCounty.us. A copy of any bail motion, at either
level, and/or a Bail Review Request form, which can be found on the
Criminal Division page of Fifth Judicial District website, shall be submitted
to PTS_Bail_Questions_Bin@alleghenycourts.us.
• All motions to lift detainers should be filed through PACFile and emailed
to the assigned judge and his/her staff but may be filed in person at the
Department of Court Records and brought to the appropriate courtroom.
Email addresses for Criminal Division Judges and staff are located on the
Fifth Judicial District website.
• Requests or Motions for Continuance should be liberally granted.
14
• Alternative methods of signing, delivery and service of court documents
and orders shall be permitted. Such methods may include, but are not
limited to:
1. The signature of defense counsel on a defendant’s behalf;
2. The signature of court personnel while in the presence of the
defendant or while on the record, with the defendant’s verbal
permission;
3. The faxed, scanned or electronic signature of a defendant; and
4. Other methods determined to be reliable by a judge.
• Defendants who wish to address warrants for failure to appear may do so
by phoning (412) 350-1229, Monday through Friday between 9:00 A.M.
and 3:00 P.M.
• Electronic monitoring supervision by the Adult Probation Department
continues to be available at the discretion of the Criminal Division judges.
• The August 21, 2020 Order entitled Amended Fifth Judicial District
Emergency Operations Plan Criminal Division is consistent with this Order
and remains in effect.
D. Safety Provisions Enforcement
• In addition to social distancing, masking, and other safety requirements
set forth in the Emergency Operations Plan Order dated May 28, 2020,
and this Order, the attached Criminal Division Procedures (as may be
subsequently amended and posted on the website of the Fifth Judicial
District) shall be followed in the Criminal Division of the Allegheny
County Court of Common Pleas.
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VII. Family Division
Child Support, Divorce, Alimony, and Equitable Distribution of
Property
• For information or questions about child/spousal support, custody,
divorce or presentation of a pro se motion contact (412) 350-5600 or
1stFOP@pacses.com. The regional offices in the Penn Hills and Castle
Shannon shall remain closed to the public.
• Consent Agreements and Orders may be sent to the following email
processing:
review
and
for
address
pacsessupportconsentagreement@pacses.com
• Until further Order of Court, child support payments will not be accepted
in person. Child supports payments may be made by credit card, check,
and/or money order. Payment coupons and instructions are available
on the Fifth Judicial District website: www.alleghenycourts.us
• All scheduled conferences and/or hearings shall be conducted
telephonically. Litigants will receive telephonic conference/hearing
instructions via US Postal Mail and, when possible, by text message.
• All evidence being submitted for support proceedings may be submitted
by text message, email, or fax prior to or during the course of the
proceeding.
• Exceptions to Hearing Officer Support Recommendations shall be filed
electronically
The
complete “Exceptions Procedure” shall be maintained on the Fifth
Judicial District website and is incorporated herein, by reference.
alleghenysupportexceptions@pacses.com.
at
• Masters’ Rules and Procedures are posted to the Fifth Judicial District
website and are made applicable by this Order.
• The Court shall continue to review and grant divorces, administratively,
when all required documents are filed with the Department of Court
Records.
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• Any matter may be presented to the Court by motion, without a hearing,
pursuant to the judges’ procedures on the website, for entry of an Order.
Custody
• Custody motions will be addressed on a case by case basis. Any matter
may be presented to the Court by Motion, without a hearing, for entry
of an Order, pursuant to the assigned judge’s procedures posted on the
Fifth Judicial District website.
please
• For new custody cases originating by motion without a judicial
at
assignment,
emergencycustody@alleghenycourts.us with the following information:
parents’ names and dates of birth and the child(ren)’s names and dates
of birth. The Court will respond to the inquiry with the appropriate
judicial designation.
contact
Court
email
the
by
• Pro se emergency custody motions will be addressed by completing the
Court’s online submission platform for the same on the Fifth Judicial
District website.
• Questions concerning custody matters may be submitted by email to
custodydepartment@alleghenycourts.us or by leaving a message at
412-350-4311. Emails and calls will be returned during regular business
hours. For questions concerning an emergency custody matter, please
call 412-350-1500, Monday through Friday, between 9:00 AM and 3:00
PM.
• Until further Order of Court, the Generations education seminar
requirement shall be completed by reading and reviewing the
Generations booklet, which is posted on the Fifth Judicial District
website. The password to access the booklet is contained in the
scheduling order. For litigants who do not have access to the internet,
please call 412-350-4311 to receive the materials by regular mail.
• Until further order of Court, the Generations mediation session, DRO
custody conciliation, interim relief hearing, and partial custody hearing
17
before the hearing officer, shall be conducted remotely, either by
teleconference or videoconference, at the Court’s direction. Five (5)
days in advance of the scheduled court event, litigants shall send
contact information (telephone number and email address) where they
may be reached by the Court on the date and time of the scheduled
court event to custodydepartment@alleghenycourts.us or by phone at
412-350-4311. Failure to timely provide this information to the Court
may result in the proceeding not being held and/or a delay in
scheduling/rescheduling the custody case.
• All other custody proceedings, including those scheduled to be heard
before the assigned Judge, shall be heard remotely by teleconference or
videoconference at the Court’s direction, until further Order of Court and
unless the judge requires an in-person proceeding. Litigants should
carefully review the scheduling order issued for each matter for
information on the remote requirements, witness testimony, and
submission of evidence and exhibits.
• Exceptions to Hearing Officer Custody Recommendations shall be filed
at the Allegheny County Department of Court Records, with a copy sent
to the Court via email at custodydepartment@alleghenycourts.us.
rotection from Abuse
P
• All Temporary Protection From Abuse matters will be addressed at the
Family Law Center, 440 Ross Street, Room 3030, Pittsburgh, PA 15219.
Temporary Protection from Abuse Hearings shall be conducted generally
through videoconference. If a hearing cannot be conducted through
videoconference, the hearing shall be held by audio or teleconference.
• Temporary Protection From Abuse Petitions will be prepared and
processed between the hours of 8:00 A.M. and 11:00 A.M., and
videoconference hearings will be conducted until 2:00 P.M, Monday
through Friday. This timeframe may be modified upon further order.
• Emergency Protection From Abuse Petitions will be addressed from
11:00 A.M.. until 8:00 A.M., Monday through Friday, and 24 hours
18
Saturday and Sunday and on court holidays at the Pittsburgh Municipal
Court Building, 660 First Avenue, Pittsburgh, PA 15219.
• Emergency Protection From Abuse Petitions may also be addressed from
11:00 A.M. until 3:30 P.M. at the Magisterial District Courts.
• Final Protection From Abuse Hearings shall be heard through Advanced
Communication Technology (ACT), until further Order of Court.
• Temporary Protection From Abuse Orders that were entered during the
judicial emergency or that were extended due to the judicial emergency
shall expire on June 16, 2020, unless an order entered after May 28,
2020 sets a different expiration date.
• Defendants (or their attorneys) intending to contest a Protection From
Abuse action and participate in a hearing must submit an “Intent to
Defend” form prior to the scheduled hearing. If the Defendant appears
at the hearing without having completed and submitted the Intent to
Defend form prior to the scheduled hearing, the hearing may be
postponed and the Temporary PFA Order may be extended until the
rescheduled hearing date.
• Until further Order of Court, Indirect Criminal Contempt (ICC)
Complaints will not be accepted by private petition.
• ICC Police Complaints will be accepted, and bail hearings will be held
before a Magisterial District Judge using Advanced Communication
Technology. If a defendant is detained, a bail hearing shall be held
before the judge assigned to hear the Temporary PFA Petitions.
• For questions concerning Protection from Abuse, please call (412) 350-
4441, Monday through Friday between 9:00 A.M. and 3:00 P.M.
uvenile Matters
J
• Juvenile proceedings shall be conducted by Advanced Communication
Technology, primarily through Microsoft Teams, pursuant to the protocol
19
for teleconference hearings issued by the Court. Other audio or
teleconference methods may be employed, pursuant to the protocol for
teleconference hearings issued by the Court, with the approval of the
Administrative Judge. See Protocol for Teleconference Hearings posted
on the Fifth Judicial District website.
• Delinquency adjudicatory hearings, where the juvenile requests a
hearing or a trial may be conducted as an in-person hearing.
Requirements for social distancing and masks and face coverings as set
forth in this order, shall be strictly followed. With the consent of the
juvenile, a delinquency adjudicatory hearing may be heard, in whole or
in part, through Advance Communication Technology, provided that
after conducting a colloquy on the record, the Court determines that:
1. The juvenile understands the Constitutional right to confront
witnesses;
2. The juvenile understands the right to be present; and
3. The right and knowingly and voluntarily waives these rights.
• All Juvenile Court matters will be heard by the assigned judges according
to the scheduling protocol in effect prior to the judicial emergency.
Matters may continue to be heard through Advanced Communication
Technology, as the interest of public safety dictates.
• The Court shall continue to issue Orders for protective custody, pursuant
to Pa. R.J.C.P. Rule 1210.
• Detention hearings will be heard by a hearing officer on Mondays,
Wednesdays, and Fridays. Hearing officer recommendations will be
sent to the daily assigned judge for approval and entry of an order.
• Shelter Care Hearings will be heard by a hearing officer three days a
week. Walk-in Shelter Care Hearings will not be permitted. Hearing
officer recommendations will be sent to the assigned judge for approval
and entry of an order.
20
• Emergency motions will be heard in accordance with the weekly motions
judge schedule. All Motions shall be filed through PACFile with a copy e-
mailed to juvenilemotions@alleghenycourts.us, the probation officer,
and the caseworker.
• For emergency matters involving delinquency, please contact the
Juvenile Probation Department at (412) 350-1501.
• In cases where the juvenile is detained prior to the adjudicatory hearing,
the Court may schedule the adjudicatory hearing more than 10 days
after the filing of the petition or the pre-hearing conference, as deemed
appropriate by the hearing officer or the judge, but the Court must
review the detention status by memo every 10 days until the
adjudicatory hearing is held. The attorney for the juvenile and the
attorney for the Commonwealth shall be provided the opportunity to
provide input in writing and/or through Advanced Communication
Technology. In all cases, the Court shall determine whether the
continued detainment is necessary to ensure the safety of the public and
is constitutionally permissible.
• Termination of Parental Rights Hearings shall be scheduled and heard
by the assigned judge.
assigned judge.
• Adoption Hearings shall be scheduled and heard as determined by the
• Post-dispositional hearings, where the recommendation is to close
supervision, may be presented by memo for the entry of an Order to
terminate supervision.
• Initial pre-hearing conferences shall be conducted through Microsoft
Teams. With the consent of the parties, all other matters may be
presented to the Court by memo, without a hearing, for entry of an
Order.
• The Court shall continue to be available to issue orders for Authorization
for Medical Treatment of a Minor, pursuant to 18 Pa. C.P.S. 3201.
21
• Private Dependency Petitions and Petitions to Modify/Enforce Permanent
Legal Custodianship Orders shall be processed electronically or by US
Postal Mail. Complete instructions are available on the Fifth Judicial
District website.
• Questions concerning dependency matters, termination of parental
rights, adoptions and juvenile scheduling matters may be submitted by
email to childrenscourt@alleghenycourts.us or by calling 412-350-0377,
Monday through Friday, between 9:00 AM and 3:00 PM. Emails and calls
will be returned during regular business hours.
III. Orphans’ Court Division
V
• Whenever appropriate and feasible, Orphans’ Court Proceedings should
be conducted by Advanced Communication Technology (ACT), primarily
through Microsoft Teams, pursuant to the protocol for teleconference
hearings issued by the Court. Other audio or teleconference methods
may be employed, pursuant to the protocol for teleconference hearings
issued by the Court, with the approval of the Administrative Judges. See
Protocol for Teleconference Hearings found on the Fifth Judicial District
website. Proceedings in Orphans’ Court cases that are specially
assigned to a judge may, at the discretion and direction of the judge,
be conducted in-person in open court.
• The following types of Petitions/Motions may be filed at the Department
of Court Records Wills/Orphans’ Court Division for transmittal to the
Orphans’ Court Division for assignment to the trial judge or motions
judge:
Settlement Petitions involving minors, incapacitated persons, or
Decedent’s Estates;
Petitions requesting the issuance of a Citation or Rule to Show
Cause;
Petitions requesting the scheduling of a hearing, including but not
limited to, termination of parental rights, adoptions, guardianships
of incapacitated persons and minors, and review of involuntary
civil commitment;
Petitions to Settle a Small Estate;
.
1
2.
3.
4.
22
5.
6.
Petitions for Allowance involving minors or incapacitated persons;
and
Petitions or motions that are consented to in writing by all counsel
of record and/or by all unrepresented parties in interest.
• Petitions or motions that are contested must comply with the
requirements of Rule 3.1 of the Allegheny County Orphans’ Court
Division Rules and shall be presented in-person in open court to the
motions judge at 9:30 a.m. or at such time and manner, including via
Advanced Communications Technology, as directed by the motions
judge.
• In-person in court proceedings must follow the protocols and policies
relating to the use of masks or other personal protective equipment,
social distancing and other guidance specified in Section II of this Order.
Involuntary Civil Commitment hearings will continue as scheduled and
will be conducted by audio or teleconference.
IX. Magisterial District Courts
•
• All Magisterial District Courts and Pittsburgh Municipal Court are open
for designated court proceedings as set forth in this order.
• Police agencies are to follow the Revised Magisterial District Courts
COVID-19 Plan and the Pittsburgh Municipal Court, City of Pittsburgh
COVID-19 Plan for the filing of criminal complaints, ICC complaints,
arrest warrants, and search warrants. See attached Revised MDC
COVID-19 plans.
• Magisterial District Judges will remotely handle criminal case initiation
and processing. The remote operations include:
o Criminal Complaint filing, arrest warrant requests, and cases
initiated by on-view arrests only,
o Search Warrant issuance,
o Bail Hearings and Bail Hearings on ICC Complaints filed by police.
23
• Preliminary Arraignments conducted through Pittsburgh Municipal Court
shall be handled remotely.
• Preliminary Arraignments conducted at the Magisterial District Courts
shall presumptively be handled remotely but may at the discretion of
the Magisterial District Judge be handled in person.
• Preliminary hearings with incarcerated defendants will be conducted
using Advanced Communication Technology. Other parties may
participate through Advanced Communication Technology.
• Preliminary hearings for non-incarcerated defendants may be conducted
using Advanced Communication Technology. Other parties may
participate through Advanced Communication Technology. There will
be no identification process at time of arrest, unless processed through
the Allegheny County Jail. Defendants will be assigned a fingerprint
appointment for a later date.
• Constables that serve arrest warrants for misdemeanor/felony cases are
to instruct defendants to turn themselves in or contact the police agency
that requested the warrant.
• Defendants shall pay their court-ordered financial obligations—costs,
fines, and fees—electronically, through Court Payment Services at
alleghenytix.com and through the Pennsylvania ePay system at
ujsportal.pacourts.us. Cash payments at the Magisterial District Courts
may be accepted at the discretion of the Magisterial District Judge. Cash
payments will be accepted at Pittsburgh Municipal Court.
• Magisterial District Judges may sua sponte revise individual payment
plans to reduce the minimum payment requirement.
• Facsimile signatures are to be used for documents generated in the
Magisterial District Judge Computer System.
Police complaints, affidavits, and search warrant requests filed with an
electronic signature shall be accepted by the Court.
•
24
o The Magisterial District Judge shall review the criminal complaint
and electronically notify the staff of their approval.
o A record of this permission shall be attached to the criminal
o The form of signature shall be Magisterial District Judge
complaint.
Name/Staff initials.
After review and with their approval, a Magisterial District Judge may
permit staff to sign a criminal complaint on his/her behalf. The
Magisterial District Judge shall utilize the procedures set forth below.
•
• Emergency Protection From Abuse Petitions will be addressed from
11:00 A.M. until 8:00 A.M., Monday through Friday, and 24 hours
Saturday and Sunday and court holidays at the Pittsburgh Municipal
Court Building, 660 First Avenue, Pittsburgh, PA 15219. Emergency
Protection from Abuse Petitions may be addressed at the Magisterial
District Courts from 11:00 A.M. until 3:30 P.M. Petitioners should call
the Magisterial District Court in advance of arrival. Phone numbers may
be
District Website:
https://www.alleghenycourts.us/district_judges/offices.aspx
Judicial
found
Fifth
the
on
• Until further Order of Court, Indirect Criminal Contempt (ICC)
Complaints will not be accepted by private petition.
• ICC Police Complaints will be accepted, and bail hearings will be held
before a Magisterial District Judge using Advanced Communication
Technology. If a defendant is detained, a bail hearing shall be held
before the judge assigned to hear the Temporary Protection from Abuse
Petitions.
• All other proceedings, including summary proceedings, civil actions, and
landlord/tenant actions may be
conducted using Advanced
Communication Technology, which includes audio or videoconference at
the discretion of the Magisterial District Judge.
25
• Private complaint interviews will not take place at the Magisterial District
Courts. Please refer to the Allegheny County District Attorney’s website
for
at
http://alleghenycountyda.us/.
complaint
directions
private
filing
for
a
• Residential landlord tenant actions shall proceed pursuant to the
attached Order, filed this same date, entitled Fifth Judicial District
Temporary Procedures Regarding Certain Residential Landlord Tenant
Actions.
BY THE COURT:
Kim Berkeley Clark
President Judge
P. J.
26
IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
No. 23 WM 2020
IN RE: FIFTH JUDICIAL DISTRICT :
TEMPORARY PROCEDURES
:
REGARDING CERTAIN RESIDENTIAL:
LANDLORD TENANT ACTIONS
:
ORDER OF COURT
AND NOW, this 31st day of August 2020, pursuant to Pa.R.J.A. No.
1952(B)(2), this Court having declared a judicial emergency in the Fifth
Judicial District of Pennsylvania through December 31, 2020, and recognizing
that rent assistance through the CARES Rent Relief Program and other
programs is available for landlords and tenants in Allegheny County and that
landlords and tenants may require time to apply for such assistance and
additional time for their applications to be processed, the following is hereby
ORDERED, ADJUDGED and DECREED.
1. Effective September 1, 2020, all residential landlord tenant actions will
be accepted for filing within the Fifth Judicial District pursuant to the
applicable statutes and rules governing those actions.
2. Initial hearing dates for residential landlord tenant actions filed at the
Magisterial District Courts where the action is based solely on non-
payment of rent shall be scheduled at the latest available landlord
tenant court date consistent with Pa.R.C.P.M.D.J. 504 and may be
scheduled up to seven (7) days beyond the time limit set forth in Rule
504, if the Magisterial District Judge finds it necessary due to the volume
of cases already scheduled.
3. On such cases, if on or before the initial hearing date, the tenant
provides an affidavit or testifies under oath affirming that the tenant has
submitted or will submit an application for rental assistance under the
CARES Rent Relief Program or any of the other available rental
assistance programs, the initial hearing date shall be used to conduct a
status conference rather than a hearing. During this status conference,
the CARES Rent Relief Program or other program shall be considered by
the parties who shall determine if they will move forward with an
application.
1
4. If both parties agree to move forward with an application through the
CARES Rent Relief Program or other available rental assistance
program, the hearing shall be continued to allow for sufficient time for
the application to be processed as agreed to by the parties and the
Magisterial District Judge. Multiple continuances may be granted so
there is sufficient time for the application to be processed and the relief
to be provided. A hearing shall not occur until the application has either
been granted, denied or withdrawn.
5. If, during the status conference, the parties do not both agree to move
forward with an application, the case may be postponed to a new date
for a hearing on the matter or the Magisterial District Judge may, in his
or her discretion, continue the hearing to allow for an application to be
made and processed.
6. The procedures in paragraphs 2 through 5 above apply only to
residential landlord tenant actions at the Magisterial District Courts
where the action is based solely on non-payment of rent.
7. Application for COVID-19 related rent assistance through the CARES
at
can
online
made
Relief
Rent
be
https://covidrentrelief.alleghenycounty.us.
Program
8. Additional information about other rental assistance programs may be
found at the following links:
• https://www.ura.org/pages/covid-19-resources-for-residents
• https://www.alleghenycounty.us/human-services/index.aspx
• https://renthelppgh.org/
The Fifth Judicial District Judicial Temporary Prohibition on Commencement
of Certain Residential Landlord Tenant Actions expires on August 31, 2020.
This Order shall become effective on September 1, 2020 and shall remain in
effect until further Order of Court.
BY THE COURT:
Kim Berkeley Clark
President Judge
,P. J.
2
CRIMINAL DIVISION PROCEDURES
Additional Courtroom Procedures
Participants Who Cannot Be Heard Clearly While Wearing Masks
Paper masks will be provided in each courtroom where the judge
determines that a witness, defendant or other participant cannot be heard
or understood while wearing a cloth or other mask.
The judge may permit a witness to temporarily remove a mask to take
testimony where the presence of a mask would adversely affect the ability
to evaluate credibility. In such cases, the witness will be required to wear
a face shield but will put their mask back on whenever approached by an
attorney.
A participant shall not be asked to lower or remove their mask at any time
while they are within 15 feet of another person unless protected by a
plexiglass partition.
rivate Attorney/Client Communication in Courtroom
During any hearing requiring a witness, the defendant, defense counsel,
prosecutor, and affiant will each be provided with paper and a pen (if
consistent with safety concerns of the Court, Deputy Sheriff, and attorneys)
and will be permitted to write confidential notes to each other. The court
may permit other means of confidential communication including providing
for brief recesses or allowing the defendant and attorney to briefly exit the
courtroom to confer consistent with safety concerns.
arly arrival for court proceedings
Attorneys and witnesses arriving more than 30 minutes prior to a scheduled
court event may be asked by the Court to leave and return later in order
to maintain social distancing and reduce the amount of people in the
courtroom at any given time.
igning of Subpoenas
Alternative methods of signing should be used to avoid contact between
court staff and defendants.
P
E
S
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Revision August 20, 2020
CRIMINAL DIVISION PROCEDURES
Document Transfer
All efforts shall be made to transfer as many documents as possible to
court staff electronically. When a physical document must be provided
to court staff in a courtroom, it shall be done, whenever possible, by
placing the document on a table provided for the exchange rather than
by a direct hand- to-hand exchange.
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Revision August 20, 2020
CRIMINAL DIVISION PROCEDURES
Formal Arraignment Waiver
The following steps must be taken by defense counsel to waive appearance at
Formal Arraignment during the judicial emergency:
Defense counsel must enter their Appearance on behalf of the
Defendant.
After the Praecipe for Appearance has been filed with the Department
of Court Records, defense counsel may download and complete Waiver
of Appearance at Formal Arraignment form. This document can be
found
Website,
https://www.alleghenycourts.us/Criminal/Default.aspx
Judicial
District
Fifth
the
on
Once completed, the Waiver of Appearance at Formal Arraignment form
must be forwarded to ccformalarraignment@alleghenycourts.us.
The email must include defense counsel and the defendant’s phone
number, email address, and mailing address.
The Formal Arraignment Office will review the waiver request and
determine if the Criminal Information has been filed by the District
Attorney’s Office.
If the Criminal Information has been filed, the Formal Arraignment
Office will email the attorney of record the information and all paperwork
along with the judge assignment and a subpoena for the Defendant to
appear on the scheduled Pretrial Conference date or Phoenix Court date.
When required, a Court Reporting Network (CRN) appointment will be
included in the paperwork; the defendant shall attend the scheduled
CRN appointment and complete the full drug/alcohol assessment, if
required, prior to the scheduled court date.
If the case is eligible for ARD, information will be provided to defense
counsel to contact the District Attorney’s ARD unit and complete the
ARD interview. Upon receipt of the ARD paperwork from defense
counsel showing that the defendant has been accepted into the ARD
program, the Formal Arraignment Office will provide an ARD date and
subpoena to defense counsel via email.
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Revision August 20, 2020
CRIMINAL DIVISION PROCEDURES
If the Criminal Information has not been filed, the Formal Arraignment
Office will reschedule the Formal Arraignment date and notify defense
counsel of the new date.
Defense Counsel will sign the subpoena on the defendant’s behalf with
the defendant’s permission or will make arrangements for the defendant
to sign the subpoena and return it to the Formal Arraignment Office by
email.
Pretrial Conferences for defendants should be conducted by email,
telephone, or videoconferencing, but may be conducted in person.
Defense counsel may accept a subpoena on a defendant’s behalf by
completing a Waiver of Appearance at Pretrial Conference. This
document can be found on the Fifth Judicial District Website,
https://www.alleghenycourts.us/Criminal/Default.aspx.
Defendants without an attorney must appear in person to schedule their
cases, unless other arrangements have been made by court staff, in
which case the Pretrial Conferences may be conducted by telephone or
videoconferencing
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Revision August 20, 2020
CRIMINAL DIVISION PROCEDURES
In-Person Proceedings
Attorneys shall confer with their witnesses and clients prior to the hearing
date to ensure that they are not exhibiting symptoms of COVID-19 and are
not awaiting the results of a COVID-19 test. Those exhibiting COVID-19
symptoms or awaiting a test result are not permitted in any court facility.
Information on appropriate actions to take when experiencing COVID-19
at
symptoms
https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/index.html.
website
found
CDC
can
the
on
be
Attorneys shall notify the Court of any witness or client exhibiting
symptoms or awaiting the results of a COVID-19 test. Arrangements shall
be made for the person to participate remotely or the matter shall be
postponed.
Taking the testimony of witnesses through Microsoft Teams is strongly
encouraged. However, when a witness must testify in person in a
courtroom, attorneys will be responsible for management of their
witnesses.
Witnesses may be required to wait in designated areas of the Courthouse,
outside the Courthouse or elsewhere so that social distancing may be
maintained and to reduce the amount of people in the courtroom at any
time.
Witnesses who wait in the hallways may not congregate and must socially
distance.
Attorneys shall inform the Court of the status and location of their
witnesses prior to the start of a proceeding so that the attorneys may be
given adequate time to notify and call each witness to testify. Upon
conclusion of the testimony, the witness shall be excused from the
courtroom and shall leave the court facility unless the judge or judicial
officer determines that there is a reason that the witness must remain in
the court facility.
The taking of photographs or the recording of any proceeding is strictly
prohibited. Anyone violating this provision shall forfeit their cellular phone
or device and shall be subject to contempt proceedings or other sanctions.
Notwithstanding, with the permission of the presiding judge, an attorney
may use a cellular telephone to summon a witness waiting in another
location or for such other purpose authorized by the judge. When a judge
is on the bench, the attorney shall first request permission from the judge.
5
Revision August 20, 2020
CRIMINAL DIVISION PROCEDURES
ARD Procedures
After the defendant completes the ARD interview and accepts the ARD
offer, the defendant will receive a subpoena from the Court Arraignment
Office with the hearing date and time noted.
ARD Court staff will email defense counsel (or the defendant, if not
represented) the ARD Packet with instructions to complete it and return it
at least 7 days prior to the ARD hearing date.
ARD Court staff will email an invitation for the Microsoft Teams ARD Hearing
to both the Defendant and Defense Counsel the week of the ARD hearing.
The ARD Hearing and Admission into the ARD program will take place as
scheduled through Microsoft Teams.
Upon the conclusion of the ARD Hearing on Microsoft Teams, the ARD
Officer and defendants will remain on the Teams call so that the ARD Officer
may review the ARD rules with the defendants.
ARD Probation either will complete the intake interview at the conclusion
of the ARD TEAMS hearing or will contact the defendant approximately one
week after the hearing. If a defendant has not had an intake interview
within 14 days of the ARD hearing, please contact the ARD office at 412-
350-4632.
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Revision August 20, 2020
CRIMINAL DIVISION PROCEDURES
Phoenix Court Procedures
On all Phoenix cases a full discovery packet, sentencing guidelines and offer
are presented to the Defendant at the time of Formal Arraignment.
The Phoenix Hearing will be conducted remotely through Advanced
Communication Technology primarily through Microsoft Teams unless
extenuating circumstances exist that justify an in-person proceeding.
The Remote Plea Packet should be completed and sent to the assigned
courtroom staff two (2) business days before the assigned court date. The
protocol during the Plea Hearing via remote access will also be followed.
If the Phoenix Offer is rejected, a Rejection of Phoenix Offer and Election
to Proceed to Trial form must be completed and filed with the Court.
A trial date will then be set by the Court and the Case Status Conference
protocol must be then followed.
7
Revision August 20, 2020
CRIMINAL DIVISION PROCEDURES
Case Status Conferences (CSC)
ll attorneys will be required to engage in an audio and/or video case status
conference with opposing counsel in every case at least one week prior to the
next scheduled court date during which the following matters must be
addressed:
Whether any plea offers have been made; all plea negotiations must
occur before the CSC deadline;
If a plea offer has been made and the defendant intends to reject the
plea offer and proceed to trial, the rejection of the offer shall be placed
on the record. The court, in its discretion, may notify the defendant
that, once the plea is rejected and the case is scheduled for trial, the
Court will no longer accept a negotiated plea;
If a plea offer will not be made, a determination will be made as to
whether the case is ready to proceed to jury or nonjury trial. If the
parties are not prepared to proceed, a postponement request must be
via
submitted
https://www.alleghenycourts.us/criminal/MotionForContinuance.aspx
at least four (4) business days before the next court date. Postponement
requests submitted in this fashion will be granted or denied by the end
of the next business day after submission.
electronically
After the CSC is complete, but in no event later than 4 business days before
the next court listing, the Prosecutor shall submit an email to the minute clerk
and the designated court staff for each courtroom, with a copy to defense
counsel, which shall include the following:
Defendant’s name,
Date of proceeding,
Attorneys’ names and email addresses (prosecution and defense),
Defendant’s contact information, including their email address if the
proceeding is to take place remotely,
Whether the case will resolve by plea, nonjury or jury trial or whether a
postponement request will be submitted and by whom;
Whether any motions are pending and, if so, whether any such motion
requires a hearing with or without witnesses;
Whether the defendant and witnesses and victims necessary for the
scheduled proceeding have been contacted.
A
8
Revision August 20, 2020
CRIMINAL DIVISION PROCEDURES
ounsel shall not send multiple CSC emails on the same case as such emails
burden the court staff, overwhelm their email accounts and create confusion.
When a matter is scheduled as a remote plea or hearing, all paperwork shall
be emailed to court staff 48 hours prior to the scheduled plea or hearing date,
or, in the case of a defendant who is incarcerated, 24 hours prior to the plea
or hearing date including:
Plea Packet
Sentencing Guidelines
Restitution Form
Other forms required for SORNA or Domestic Violence cases
f a case will be proceeding to trial, the parties are encouraged to stipulate to
any evidence or testimony, where possible, to avoid the need for witnesses to
be called to testify. If stipulations may be furthered by a party making a
potential witness available via conference call with all counsel, counsel are
encouraged to utilize this method or other similar opportunities to further
discussions regarding possible stipulations. Where stipulations cannot be
reached regarding the testimony of a witness, the parties should discuss
whether any witnesses might be permitted to testify via video.
n a matter which is to proceed remotely, exhibits should be exchanged via
email between the parties at least 24 hours prior to the proceeding, with a
copy to court staff. If a party believes that circumstances exist that a prior
exchange of a particular exhibit should not occur, the issue should be brought
to the Court’s attention though the Case Status Conference process.
hen a defense attorney has been unable to contact the defendant, the
Prosecutor shall not bring in any witnesses but shall have them available by
phone in the event that a previously “unreachable” defendant appears and
determines to enter a guilty plea.
f the defendant then fails to appear on their scheduled court date, a warrant
shall be issued.
f the defendant does appear on their scheduled date, the courtroom staff
should direct the defendant to the location previously supplied by defense
counsel so that the defendant can make contact with defense counsel. The
case may proceed in a manner that does not require witnesses such as a plea,
or a stipulated non-jury trial, or other method agreed upon by the parties.
C
I
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I
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9
Revision August 20, 2020
CRIMINAL DIVISION PROCEDURES
Otherwise, a short defense postponement may be granted with a definite date
for trial.
rosecutors shall make every effort to contact their witnesses well in advance
of the scheduled court date and shall comply with the requirements of the
Case Status Conferences or status conferences held by judges and their staff.
hen a Prosecutor has been unable to contact a witness or victim, the
prosecutor shall include on any postponement request, the efforts made to
contact the witness or victim.
f a Commonwealth postponement is not granted, defense counsel shall not
bring in any witnesses but shall have the defendant available by phone in the
event the Commonwealth witness or victim does appear for the proceeding on
the specified date.
n the event the Commonwealth witnesses do not appear on the scheduled
court date, the case may be nolle prossed, dismissed or, at the discretion of
the judge, a postponement maybe granted on that date.
f the Commonwealth witness or victim does appear on the scheduled court
date, the case may proceed in a manner that does not require witnesses such
as a plea, stipulated non-jury trial, or other method agreed upon by the
parties. Otherwise, a short Commonwealth postponement shall be granted
with a definite date for trial.
All defendants without counsel will be required to engage in a CSC with the
assigned prosecutor consistent with the above procedures. Prior to the CSC,
the assigned prosecutor will notify the Office of the Public Defender that the
defendant is unrepresented so that the defendant can be provided counsel
from the Office of the Public Defender or the Office of Conflict Counsel to
explain the following:
The right to counsel for future court proceedings;
The right to have counsel appointed if the defendant is unable to afford
an attorney; and
If the defendant elects to proceed pro se, the fact that counsel will serve
as a third-party witness to ensure the CSC is fairly conducted.
P
W
I
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10
Revision August 20, 2020
CRIMINAL DIVISION PROCEDURES
Designated Staff to Receive CSC Emails for Each Courtroom
JUDGE
ADDITIONAL
STAFF
EMAIL
MINUTE CLERK
EMAIL
Bruce R. Beemer
Diana Colosimo
DColosimo@alleghenycourts.us
Janine McVay
McVayJ@alleghenycourts.us
Alexander P. Bicket
Carley Donnelly
CDonnelly@alleghenycourts.us
Kathy Burford
KBurford@alleghenycourts.us
Kelly E. Bigley
Teri Michaels
TMichaels@alleghenycourts.us
John D'Abruzzo
JD'Abruzzo@alleghenycourts.us
Edward J. Borkowski
Pamela Farrell
Pam.Farrell@alleghenycourts.us
John Halloran
John Matter - ARD
John.Halloran@alleghenycourts.us
JMatter@alleghenycourts.us
David R. Cashman
Wendy Hayes
Wendy.Hayes@alleghenycourts.us Derek Smith
DJSmith@alleghenycourts.us
John J. Driscoll
Mary Angela Ogg
MOgg@alleghenycourts.us
Lindsay Williamson
LWilliamson@alleghenycourts.us
Susan F. Evashavik
DiLucente
Mary Lou Conroy mlconroy@alleghenycourts.us
Dan Cregan
DCregan@alleghenycourts.us
Thomas E. Flaherty
Sarah Deasy
SDeasy@alleghenycourts.us
Karen Cirrincione
Karen.Cirrincione@alleghenycourts.us
Judy Sarna
(Law Clerk)
Beth A. Lazzara
jsarna@alleghenycourts.us
Tim Palmer
TPalmer@alleghenycourts.us
Jeffrey A. Manning
Sandy Leasure
Michele Kearney
MKearney@alleghenycourts.us
Sandy.Leasure@alleghenycourts.u
s
Anthony M. Mariani
Christen Hobaugh CHobaugh@alleghenycourts.us
Christa Buchewicz
CBuchewicz@alleghenycourts.us
Lester G. Nauhaus
Lucille Trobaugh
LTrohaugh@alleghenycourts.us
Sandy Evans
Sandy.Evans@alleghenycourts.us
Jill E. Rangos
Shana Kemerer
SKemerer@alleghenycourts.us
Laura Gettings
LGettings@alleghenycourts.us
Kevin G. Sasinoski
Stephanie Ewing
SEwing@alleghenycourts.us
Candice Kelly
CKelly@alleghenycourts.us
Randall B. Todd
Gwyn Behr
GBehr@alleghenycourts.us
Elizabeth Collins
ECollins@alleghenycourts.us
Mark V. Tranquilli
Mary Angela Ogg
MOgg@alleghenycourts.us
Lindsay Williamson
LWilliamson@alleghenycourts.us
John A. Zottola
Marie Zottola
MZottola@alleghenycourts.us
Toni Snelsire
TSnelsire@alleghenycourts.us
11
Revision August 20, 2020
CRIMINAL DIVISION PROCEDURES
Remote Pleas
hen a matter is scheduled as a remote plea or hearing, all paperwork shall
be emailed to court staff 48 hours prior to the scheduled plea or hearing date,
or, in the case of a defendant who is incarcerated, 24 hours prior to the plea
or hearing date.
If the case will be a plea, the following paperwork should be included:
Request for Remote Hearing *
Instructions for Scheduling a Remote Plea *
Guilty Plea Colloquy *
Waiver of Rights and Consent to Plea/Sentencing by Video Conference*
Adult Probation Intake Form *
General Rules and Condition of Probation Acknowledgement Form *
Sentencing Guidelines
Restitution Form
*Denotes items the are included in the Plea Packet.
f the case is a Domestic Violence case, include also:
Order of Relinquishment
f the case is a SORNA case, include also:
Specific Special Conditions of Probation
General Rules and Condition of Probation Acknowledgement Form
Sexual Offender Registration/Notification Act (SORNA) Colloquy
The SORNA Packet includes these 3 forms as well as all of the forms in the
Plea Packet denoted by * above.
W
I
I
12
Revision August 20, 2020
13
Revision August 20, 2020
CRIMINAL DIVISION PROCEDURES
Miscellaneous Motions
pdated instructions and forms for filing Miscellaneous Motions in Motions
Court can be found at:
https://www.alleghenycourts.us/criminal/MiscellaneousMotions.aspx.
U
Request for Remote Hearing
Instructions for Scheduling a Remote Plea
Guilty Plea Colloquy
Waiver of Rights and Consent to Plea/Sentencing by Video Conference
Adult Probation Intake Form
General Rules and Condition of Probation Acknowledgement Form
ARD Packet – includes:
Instructions for Scheduling a Remote ARD Hearing
Explanation of ARD Proceeding
Waiver of Rights and Consent to Entry into ARD by Video Conference
PAePay Instructions
General Rules for ARD Probationers
SORNA Plea Packet – includes:
Request for Remote Hearing
Instructions for Scheduling a Remote Plea
Guilty Plea Colloquy
Waiver of Rights and Consent to Plea/Sentencing by Video Conference
Charge Specific Special Conditions of Probation
Adult Probation Intake Form
General Rules and Condition of Probation Acknowledgement Form
Sexual Offender Registration/Notification Act (SORNA) Colloquy
Order of Relinquishment (for Domestic Violence Cases)
Nolo Contendere Colloquy
Guilty Plea Colloquy
Waiver of Rights and Consent to Plea/Sentencing by Video Conference
Waiver of Rights and Consent to Non-Jury by Video Conference
14
Revision August 20, 2020
CRIMINAL DIVISION PROCEDURES
Criminal Division Forms
Criminal Division forms may be found at
https://www.alleghenycourts.us/Criminal/Default.aspx
aiver of Appearance at Formal Arraignment
Waiver of Appearance at Pretrial Conference
Plea Packet – includes:
W
COURT OF COMMON PLEAS OF ALLEGHENY COUNTY
ue to the Covid-19 Pandemic Magisterial District Courts in the Fifth Judicial District
have modified/altered their operations.
afety Measures:
upon entry.
Court users may be checked/wanded by a security guard/state constable
No one will be permitted into the District Court without a face mask or similar
face covering.
If a court user does not have a mask, a disposable mask will be provided.
The number of people in the court facility shall be limited to ensure safe social
distancing.
Court Users will not be permitted to linger in court facility.
Some District Courts will have a check in procedure wherein parties will be
instructed to check in/provide phone number and wait outside (could wait in
an automobile).
o Parties will be called when it is time for their hearing.
News media may be permitted into court facilities but only in a manner that is
consistent with public safety.
If court users are sick or have underlying medical/health issues that put them
at a higher risk, please do not come to District Court. Please contact the
District Court in advance of the hearing. Contact information can be found on
the Fifth Judicial District Website:
https://www.alleghenycourts.us/district_judges/offices.aspx
The Magisterial District Courts will stagger court times to ensure proper social
Parties are required to be on time for their court proceeding.
Parties are encouraged to conference with one another prior to the court
Parties should be prepared to proceed upon arrival.
If a party is to complete community service check with District Court about
sending completion paperwork prior to scheduled hearing review date. Some
District Courts may accept without court appearance.
distancing.
proceeding.
Scheduling:
FIFTH JUDICIAL DISTRICT OF PENNSYLVANIA
evised Magisterial District Courts COVID – 19 Plan
R
D
S
Incarcerated individuals will not be transported to the Magisterial District
Courts. These individuals will appear for the preliminary hearings via
Advanced Communication Technology.
Interpreters will work remotely by either phone or video.
earings:
H
August 25, 2020
Other parties may participate via Advanced Communication Technology
Civil/LT cases will be accepted by mail.
If a party wishes to file in person, please contact the District Court to
schedule an appointment time.
ase Filings:
C
Payments:
Payments will be accepted by mail – check or money order.
Parties are encouraged to make online payments through alleghenytix.com
and ujsportal.pacourts.us.
Lock boxes may be provided for cash payments.
District Courts may accept cash payments if processed safely.
riminal Case Processing:
The Magisterial District Courts will not be conducting any criminal case
initiation in person at the District Court.
All criminal case initiation, requests for arrest warrants, on-view arrest
complaints and search warrants, will be conducted remotely per the
Magisterial District Court COVID-19 Criminal Processing Plan.
All criminal arraignments will be presumptively conducted remotely per the
Magisterial District Court COVID-19 Criminal Processing Plan. In person
criminal arraignments may take place at the discretion of the Magisterial
District Judge.
Emergency Protection from Abuse:
Petitions will be handled at the Pittsburgh Municipal Court facility, 660 First
Ave., Pittsburgh, PA 15219, Monday through Friday from 11:00 a.m. through
8:00 a.m., and 24 hours on weekends and holidays.
Petitions will also be handled at the Magisterial District Courts from 11:00
a.m. through 3:30 p.m., please call in advance of arrival,
https://www.alleghenycourts.us/district_judges/offices.aspx
C
August 25, 2020
COURT OF COMMON PLEAS OF ALLEGHENY COUNTY
• Court users will enter through the main entrance.
• Employees will enter through the employee entrance.
• Court users will exit the building in the back - new designated exit door on the
first floor - towards the river.
• Security guards will be at the entrance and exit.
• Court users will go through security.
• Court users will not be readmitted at the exit (if a person goes outside for a
cigarette break – they will have to enter in the front of the building).
• Face masks are required – no person will be permitted into PMC without a
face mask or similar face covering.
If a court user does not have a mask, a disposable mask will be provided.
•
• The number of people in the court facility shall be limited to ensure safe social
distancing.
• Court Users will not be permitted to linger in court facility
• News media will be permitted into court facilities but only in a manner that is
•
consistent with public safety.
If court users are sick or have underlying medical/health issues that put them
at a higher risk, please do not come to Pittsburgh Municipal Court. Please
contact Pittsburgh Municipal Court in advance of the hearing.
• Germ guards have been installed at the bench.
FIFTH JUDICIAL DISTRICT OF PENNSYLVANIA
OVID – 19 Pittsburgh Municipal Court Protocol
ue to the Covid-19 Pandemic Pittsburgh Municipal Court has modified/altered their
operations.
afety Measures:
C
D
S
Scheduling:
to proceed.
• Criminal Cases:
August 25, 2020
• Pittsburgh Municipal Court will have staggered appearance times:
o Every 15 minutes from 8:00 a.m. – 11:00 a.m.
o Every 15 minutes from 12:30 p.m. – 4:00 p.m.
o The number of cases scheduled will ensure proper social distancing.
o Parties are expected to appear at the scheduled time and be prepared
o If necessary criminal cases may be heard in 2 – 3 courtrooms, city,
traffic and non-traffic courtrooms.
o Please check hearing notice for courtroom assignment and time.
o Parties will check in at a window designated for the courtroom
assignment.
o Parties are encouraged to conference with one another prior to the
court proceeding. Parties should be prepared to proceed at scheduled
time.
• Parties are to remain at counsel tables and not approach the bench.
• Parties must speak loudly so FTR can record.
• Speaker systems have been installed.
earings:
ayments:
• Payments will be accepted by mail – check or money order.
• Parties are encouraged to make online payments through alleghenytix.com
and ujsportal.pacourts.us.
• Payments may be made by cash if safety procedures are followed.
• Bail documents may be presented electronically via fax or email. Any fees will
be mailed directly to the Department of Court Records if it is a Common Pleas
bail.
riminal Case Filings – Police Agencies:
• All criminal cases filed at Pittsburgh Municipal Court shall be handled remotely
• Police agencies please refer to the Pittsburgh Municipal Court Covid-19
Criminal Processing Plan.
mergency Protection from Abuse:
• Petitions will be handled at the Pittsburgh Municipal Court facility, 660 First
Ave., Pittsburgh, PA 15219, Monday through Friday from 11:00 a.m. through
8:00 a.m., and 24 hours on weekends and holidays.
H
P
C
E
August 25, 2020
This info page is part of the LIT Lab's Form Explorer project. It is not associated with the Pennsylvania state courts. To learn more about the project, check out our about page.
Downloads: You can download both the original form (last checked 2023-03) and the machine-processed form with normalized data fields.
Use our Rate My PDF tool to learn more. Go beyond the above insights and learn more about this or any pdf form at RateMyPDF.com, includes: counts of difficult words used, passive voice decetion, and suggestions for how to make the form more usable.
We have done our best to automaticly identify and name form fields according to our naming conventions. When possible, we've used names tied to our question library. See e.g., user1_name. If we think we've found a match to a question in our library, it is highlighted in green. Novel names are auto generated. So, you will probably need to edit some of them if you're trying to stick to the convention.
Here are the fields we could identify.
provisions_order_apply was provisions_of_this_order_apply_through_december_31__2020 (0.65 conf)public_access_facilities was public_access_to_court_facilities (0.40 conf)order was in_this_order (0.33 conf)guidance_specified_section_order__1 was guidance_specified_in_section_ii_of_this_order (0.38 conf)case_matter_criminal was the__case__of__matter__in__the__criminal__division_the__attached__criminal (0.34 conf)time_calculations_deadlines was iii_time_calculations_and_deadlines (0.35 conf)order_court was until_further_order_of_court (0.37 conf)correctional_preliminary_hearings was a_state_correctional_facility_for_preliminary_hearings (0.35 conf)trial_lists_pending was all_published_trial_lists_are_temporarily_suspended_pending_further_order (0.34 conf)specified_section_ii_order was specified_in_section_ii_of_this_order (0.35 conf)specifically_parties_cases was enters_an_order_specifically_scheduling_a_jury_trial_parties_with_cases (0.33 conf)calendar_control_motions was calendar_control_motions (0.28 conf)housing_court_motions was housing_court_motions (0.35 conf)general_motions was general_motions (0.41 conf)section_order was section_of_this_order (0.35 conf)commencement_landlord_tenant was commencement_of_actions_filed_under_the_landlord_tenant_act_of_1951 (0.44 conf)courts_shall_pursuant was the__magisterial__district__courts__shall__proceed__pursuant__to__the__attached (0.48 conf)however_agree_using_advanced was of__this__order_however_where__all__parties__agree__to__using__advanced (0.32 conf)technology_act_cause was communication__technology_act_or__by__order__of__court__upon__cause (0.43 conf)guidance_specified_section_order__2 was other_guidance_specified_in_section_ii_of_this_order (0.37 conf)sentencing_hearings was 4_sentencing_hearings (0.32 conf)arraignment_pretrial_conferences was formal_arraignment_or_pretrial_conferences (0.34 conf)motion_otn_number_case_coversheet was motion_with__the__otn__number__of__the__case__on__the__coversheet_to (0.38 conf)page_website_shall was criminal_division_page_of_fifth_judicial_district_website__shall_be_submitted (0.40 conf)bail_questions_bin_us was to_pts_bail_questions_bin_alleghenycourts_us (0.40 conf)fifth_judicial_website was fifth_judicial_district_website (0.40 conf)remains_effect was and_remains_in_effect (0.37 conf)page_check__1 was page_14_check_1 (0.26 conf)stfop_pacses_com_regional_offices_penn_hills_castle was 1stfop_pacses_com_the__regional__offices__in__the__penn__hills__and__castle (0.38 conf)review was review (0.32 conf)for was for (0.36 conf)alleghenysupportexceptions_pacses_com was alleghenysupportexceptions_pacses_com (0.30 conf)pursuant_assigned_judge was of_an_order__pursuant_to_the_assigned_judge_s_procedures_posted_on_the (0.35 conf)assignment was assignment (0.33 conf)rescheduled_hearing_date was rescheduled_hearing_date (0.41 conf)hearings_issued_court__1 was for__teleconference__hearings__issued__by__the__court_other__audio__or (0.41 conf)hearings_issued_court__2 was hearings_issued_by_the_court_other_audio_or_teleconference_methods (0.44 conf)conducted_person_open_court was be_conducted_in_person_in_open_court (0.37 conf)unrepresented_parties_interest was of_record_and_or_by_all_unrepresented_parties_in_interest (0.43 conf)participate_technology was participate_through_advanced_communication_technology (0.36 conf)on was on (0.33 conf)page_check__2 was page_24_check_1 (0.26 conf)become_effective_remain was this_order_shall_become_effective_on_september_1__2020_and_shall_remain_in (0.45 conf)reschedule_date_notify was office_will_reschedule_the_formal_arraignment_date_and_notify_defense (0.36 conf)website was website (0.27 conf)phoenix_court_procedures was phoenix_court_procedures (0.47 conf)otherwise_shall_granted was parties_otherwise_a__short__commonwealth__postponement__shall__be__granted (0.38 conf)criminal_division_procedures was criminal_division_procedures (0.45 conf)denotes_included_plea_packet was denotes_items_the_are_included_in_the_plea_packet (0.35 conf)order_relinquishment was order_of_relinquishment (0.34 conf)offender_registration_notification was sexual_offender_registration_notification_act__sorna__colloquy (0.39 conf)specific_special_probation was specific_special_conditions_of_probation (0.40 conf)We've done our best to group similar variables togther to avoid overwhelming the user.
Suggested Screen 0:
orderguidance_specified_section_order__1time_calculations_deadlinesspecified_section_ii_ordersection_orderguidance_specified_section_order__2page_check__1stfop_pacses_com_regional_offices_penn_hills_castleforalleghenysupportexceptions_pacses_comconducted_person_open_courtpage_check__2denotes_included_plea_packetorder_relinquishmentSuggested Screen 1:
public_access_facilitiescalendar_control_motionsgeneral_motionsparticipate_technologySuggested Screen 2:
however_agree_using_advancedtechnology_act_causeremains_effectbecome_effective_remaincriminal_division_proceduresSuggested Screen 3:
correctional_preliminary_hearingssentencing_hearingsarraignment_pretrial_conferencesSuggested Screen 4:
page_website_shallfifth_judicial_websitereviewwebsiteSuggested Screen 5:
assignmentSuggested Screen 6:
provisions_order_applycommencement_landlord_tenantrescheduled_hearing_datereschedule_date_notifyoffender_registration_notificationSuggested Screen 7:
case_matter_criminalorder_courttrial_lists_pendingspecifically_parties_caseshousing_court_motionscourts_shall_pursuantmotion_otn_number_case_coversheetbail_questions_bin_uspursuant_assigned_judgehearings_issued_court__1hearings_issued_court__2unrepresented_parties_interestphoenix_court_proceduresotherwise_shall_grantedspecific_special_probationSuggested Screen 8:
onThe Weaver creates a draft guided interview from a template form, like the one provided here. You can use the link below to open this form in the Weaver. To learn more, read "Weaving" your form into a draft interview.
