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IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
IN RE: TEMPORARY AMENDMENT
TO FIFTH JUDICIAL DISTRICT
EMERGENCY OPERATIONS
PLAN
)
)
) No. 23 WM 2020
)
)
)
ORDER OF COURT
AND NOW, this 26th day of April 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 March 31, 2021 temporary amendment of
its August 31, 2020 Emergency Operations Order with some modifications and
it is hereby ORDERED that the following measures be taken pursuant to
Pa.R.J.A. No. 1952(B)(2) effective Monday, May 3, 2021 through Friday, May
28, 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 May 28, 2021 that cannot be
conducted using ACT or in person, as permitted pursuant to this Order,
shall be postponed to a date certain after May 28, 2021 pursuant to the
procedures for each division.
• The published May 2021 Civil Division trial list continues to be
suspended subject to the Order of September 17, 2020 (AD 185 of
2020) concerning non-jury trials and the Order of February 5, 2021 (AD
27 of 2021) concerning in-person jury trials.
• Recognizing that the September 4, 2020 Centers for Disease Control
and Prevention’s Order temporarily halting certain evictions nationwide
(CDC Order) has been extended through June 30, 2021 and may be
further extended, all Civil Division Orders of Court staying a case
pursuant to the terms of the CDC Order are hereby extended through
June 30, 2021 and further through any additional extension of the CDC
Order.
In-Person Hearings
ICC Hearings for incarcerated individuals and certain support contempt
matters designated by the Administrative Judge shall proceed as
scheduled in the Family Division, with as many participants appearing
by ACT as possible, including witnesses and attorneys.
Delinquency adjudication hearings for juveniles who request an in-
person hearing may proceed in person with as many participants
appearing by ACT as possible, including witnesses and attorneys. No
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other juvenile court hearings or proceedings shall be conducted in
person.
In the Criminal Division, only non-jury trials, motions or other
proceedings which require witness testimony, and sentencing hearings
and pleas where there is a likelihood that an immediate sentence of
imprisonment will be imposed, may proceed as scheduled in person with
as many participants appearing by ACT as possible, including witnesses
and attorneys. Jury trials will resume on a limited basis with jury
selection occurring at the David L. Lawrence Convention Center and
trials being conducted in one of three designated courtrooms. Due to
social distancing concerns, no jury trials involving codefendants shall
take place. No other Criminal Division hearings or proceedings shall be
conducted in person.
No jury trials, non-jury trials, or other proceedings which require the in-
person testimony of witnesses from outside the Country shall not take
place in any Division until after May 31, 2021.
The Civil Division Arbitration Department resumed limited in-person
arbitration hearings on April 5, 2021; those limited in-person arbitration
hearings shall continue pending further Order of Court. In-person
arbitration hearings shall employ all safety protocols as set forth in the
Court’s Amended Emergency Operations Plan Order of August 31, 2020.
o All previously scheduled fully remote arbitration hearings
conducted using ACT shall proceed as scheduled. If an in-person
hearing has been suspended pursuant to prior Order, the parties
may request a fully remote arbitration hearing using ACT. The
parties requesting a fully remote ACT arbitration hearing shall do
so utilizing the forms, instructions and protocols found on the
Court’s
at
https://www.alleghenycourts.us/civil/arbitration.aspx.
website
o Information regarding requesting an arbitration hearing date for
a case filed during the time when dates were not being assigned
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on
can
https://www.alleghenycourts.us/civil/arbitration.aspx
Court’s
found
the
be
website
at:
Participants appearing in person for any matter before in any Division of
the Court of Common Pleas shall employ all safety protocols as set forth in
the Court’s Amended Emergency Operations Plan Order of August 31,
2020.
All Court of Common Pleas facilities shall remain open to the public and
open for case filings including, but not limited to:
• The Criminal Division Miscellaneous Motions Counter, Room 534 for
acceptance of filings;
• The Formal Arraignment section, Room 519, for those defendants with
a scheduled formal arraignment who have not waived their presence;
• The Civil Division Housing Court Help Desk for assistance to landlords
and tenants;
• The Family Law Center for the filing of Petitions for Protection from
Abuse (PFA) and entry of Temporary PFA Orders per the August 31,
2020 Emergency Operations Order.
Magisterial District Courts
The operations in the Magisterial District Courts are temporarily modified as
follows:
• Summary Non-Traffic/Traffic proceedings scheduled through May 28,
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 May 28, 2021. Special hardship requests by a defendant
for an in-person hearing in a summary case may be granted at the
discretion of the Magisterial District Judge, provided that all COVID-19
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protocols, including occupancy restrictions in courtrooms and waiting
rooms, are strictly followed.
Commerical Landlord-Tenant proceedings may proceed as scheduled,
with as many participants appearing by ACT as possible, including
witnesses and attorneys. Participants who cannot appear by ACT are
permitted to appear in person.
• Residential Landlord-Tenant proceedings shall be governed by this
Court’s March 31, 2021 Order regarding certain Residental Landlord
Tenant Actions.
• Civil proceedings scheduled through May 28, 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 May 28, 2021.
Civil proceedings scheduled during the period from May 3, 2021 through
May 28, 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 May 28, 2021; or
B. If the defendant appears on the scheduled hearing date, the case
shall be postponed to a date certain after May 28, 2021.
If the defendant fails to comply with A. or B. above, a judgment may be
entered against the defendant by default pursuant to Rule 319(B).
• Civil proceedings in which all parties agree to conduct the hearing using
ACT may be conducted remotely.
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Preliminary Hearings for non-incarcerated individuals may proceed as
scheduled, with as many participants appearing by ACT as possible,
including witnesses and attorneys. Participants that cannot appear by
ACT are permitted to appear in person.
Preliminary Hearings for incarcerated individuals shall proceed as
scheduled, with as many participants appearing by ACT as possible,
including witnesses and attorneys. Participants who cannot appear by
ACT are permitted to appear in person. Incarcerated participants will
appear by ACT.
Emergency PFA Petitioners may appear in person to present their
petitions per the August 31, 2020 Emergency Operations Order.
Preliminary Arraignments will proceed per the August 31, 2020
Emergency Operations Order.
Participants appearing in person for any matter before the Magisterial
District Courts shall employ all safety protocols as set forth in the Court’s
Amended Emergency Operations Plan Order of August 31, 2020.
The Magisterial District Courts shall remain open to the public and open for
case filings, payments and case processing.
Pittsburgh Municipal Court
The operations in Pittsburgh Municipal Court are temporarily modified as
follows:
• Non-Traffic summary proceedings scheduled through May 28, 2021 shall
be postponed to a date certain after May 28, 2021.
Traffic summary proceedings scheduled through May 28, 2021 shall be
postponed to a date certain after May 28, 2021, with the exception of
traffic summary proceedings involving moving violations which shall
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proceed as scheduled, with as many participants appearing by ACT as
possible, including witnesses and attorneys. Participants that cannot
appear by ACT are permitted to appear in person.
Preliminary Hearings for both non-incarcerated and incarcerated
individuals shall proceed as scheduled, with as many participants
appearing by ACT as possible, including witnesses and attorneys.
Participants who cannot appear by ACT are permitted to appear in
person.
Summary hearings for incarcerated individuals shall proceed as
scheduled, with as many participants appearing by ACT as possible,
including witnesses and attorneys. Participants who cannot appear by
ACT are permitted to appear in person. Incarcerated participants will
appear by ACT.
Emergency PFA Petitioners may appear in person to present their
petition per the August 31, 2020 Emergency Operations Order.
Preliminary Arraignments will proceed per the August 31, 2020
Emergency Operations Order.
Participants appearing in person for any matter in the Pittsburgh Municipal
Court shall employ all safety protocols as set forth in the Court’s Amended
Emergency Operations Plan Order of August 31, 2020.
ittsburgh Municipal Court shall remain open to the public and open for case
filings, payments and case processing.
ll other provisions of the Emergency Operations Plan Order entered on
August 31, 2020 as amended shall remain in effect until further Order of Court.
P
A
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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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