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IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
ADMINISTRATIVE DOCKET
IN RE: AMENDED
FIFTH JUDICIAL DISTRICT
EMERGENCY OPERATIONS
PLAN
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) No. AD - 2020 - _________ - PJ
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ORDER OF COURT
AND NOW, this 23rd day of March 2020, consistent with the Order of
the Supreme Court of Pennsylvania dated March 16, 2020, this Court having
declared a judicial emergency in the Fifth Judicial District of Pennsylvania, this
Court amends its previous Emergency Operations Orders and now orders that
the following actions be taken pursuant to Pa.R.J.A. No. 1952(B)(2):
• All time calculations for the purposes of time computation relevant to
court cases or other judicial business, as well as time deadlines, are
suspended subject to constitutional restrictions.
• All provisions of this Order apply to cases scheduled from March 24,
• Until further Order of Court, the Family Law Center is closed to the
2020 through April 14, 2020.
Public.
• Until further Order of Court, the Civil Division courtrooms and offices
located on the 7th and 8th floors of the City-County Building are closed
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to the Public. The Housing Court Help Desk, located on the first floor of
the City County Building, is also closed.
• Until further Order of Court, the Orphans’ Court Division located in the
Frick Building is closed to the Public.
• Until further Order of Court, the Criminal Division courtrooms and offices
located in the Allegheny County Courthouse are closed to the public.
• Until further Order of Court, the Magisterial District Courts are closed to
the public, with the exceptions set forth in the Magisterial District Courts
section, below.
• News media shall be permitted into court facilities but only in a manner
that is consistent with public safety.
• Building Security and Sheriff’s Deputies assigned to any courthouse or
court facility are authorized to deny admission to or remove a person
who is visibly ill or who is exhibiting symptoms of COVID-19, provided
that they provide such person with information (telephone number or
email address) to enable them initiate, participate in, or complete
necessary essential court business/functions during the judicial
emergency.
• Only persons with essential court business shall be permitted into court
facilities. Friends and family members may be required to wait outside
the facility. The Sheriff’s Deputies shall have the authority to limit the
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number of persons entering or remaining in a court facility at any given
time to ensure public safety.
• All court proceedings will be conducted by Advanced Communication
Technology, primarily audio or teleconference, pursuant to the protocol
for teleconference hearings issued by the Court. See attached Protocol
for Teleconference Hearings.
• Temporary Protection From Abuse Hearings and Housing Court Hearings
may continue to be held by videoconference. If a hearing cannot be
conducted through videoconference, the hearing shall be held by audio
or teleconference.
• Any existing Orders for fingerprinting and the requirement for
fingerprinting, except for admission into the Allegheny County Jail, are
suspended during the Judicial Emergency.
• Until further Order of Court, no inmates or juveniles will be transported
from state correctional facilities, county jails or prisons, Shuman
Detention Center, or Hartman Shelter. Where the participation of the
inmate or juvenile is required, advanced communication technology
• When a court reporter or other approved form of recording court
proceedings is unavailable, alternative forms of recording shall be
shall be employed.
permitted.
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• 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 the 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.
Civil Division
• Jury and non-jury trials are suspended pending further Order of Court.
• Effective immediately General Motions heard by the General Motions
Judge shall be restricted to Petitions for Injunctive Relief relating to
public health and/or safety for and/or risk for human life concerns such
as taking of residential property, ejectment, eviction and/or other public
health issues or concerns involving immediate and irreparable harm, or
any other Emergency Motion.
• All Housing Court Motions shall be restricted to Emergency Motions
relating to matters involving public health and/or safety for and/or risk
for human life concerns, including but not limited to evictions,
addressing suspension of utilities, and or other habitability issues
involving public health and/or safety for and/or risk for human life
concerns.
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• Until further Order of Court, all Emergency Motions and Petitions for
Injunctive Relief involving public health and/or safety for and/or risk for
human life matters will be screened by sending the Emergency Motion
or Petition for Injunctive Relief to civilpmcteam@alleghenycourts.us.
• If deemed to be an Emergency under the guidelines of this Order,
argument will be scheduled by the Court as soon as possible. Such
Emergency Motions and/or Petitions for Injunctive Relief will be heard
by Advanced Communication Technology, audio or teleconference
pursuant to the protocol for teleconference hearings issued by the Court.
The method for the argument shall be coordinated in conjunction with
scheduling argument thereon.
• The moving or petitioning party will be responsible to notify all other
parties of the date and time of the oral argument or hearing.
• If a party is unable to email their Emergency Motion or Petition for
Injunctive Relief to civilpmcteam@alleghenycourts.us, the party may
call (412) 439-7914 Monday through Friday between the hours of 9:00
A.M. and 3:00 P.M. to make arrangements to have the Emergency
Motion or Petition for Injunctive Relief screened. Appointments for such
screening will be made on a case by case basis.
• Emergency Motions and Petitions for Injunctive Relief will be handled
Monday through Friday between the hours of 10:00 A.M. and 2:00 P.M.
• Discovery Motions are suspended pending further Order of Court.
• Arbitration hearings, including landlord/tenant arbitration hearings, are
suspended until further Order of Court.
• Hearings before the Board of Viewers are suspended until further Order
of Court
• In any case specially assigned to a judge, all current proceedings are
suspended until further Order from the assigned judge.
• All previously scheduled motions, hearings, and/or oral arguments,
including those on the General Argument list, are suspended until
further Order of Court.
• Calendar Control Motions are suspended until further Order of Court.
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• The Administrative Order at AD93 of 2020n regarding the continuation
of cases scheduled for Allegheny County Sheriff’s Sale on April 6, 2020,
is hereby incorporated into this Order.
• The Administrative Order at AD94 of 2020 regarding the suspension of
execution of Writs of Possession by the Allegheny County Sheriff’s
Office, is hereby incorporated into this Order.
riminal Division
C
• All court events, except as indicated below, in each of the Criminal
Division courtrooms are suspended until further Order of Court.
Courtroom staff will notify all litigants prior to their scheduled events
and propose a continuance date acceptable to all parties.
• Daily motions court are limited to bail hearings, motions to lift detainers,
and other emergency matters. These hearings will be conducted by
audio/teleconference.
• All Bail Motions and Emergency Motions shall be filed through PACFile.
to
emailed
Motion
copy
be
A
shall
the
PTS_Bail_Questions_Bin@alleghenycourts.us.
of
• Pending Orders for the initiation and/or installation of Electronic
Monitoring for Criminal Defendants are suspended and no new orders
for Electronic Monitoring will be accepted by Adult Probation for
supervision during the Judicial Emergency. Current orders being
screened will be placed on home detention without the electronic
equipment. The Probation Office is hereby authorized to impose
additional conditions designed to ensure that Defendants comply with
home detention. Defendants currently on Electronic Monitoring will
continue to be monitored during the Judicial Emergency.
• Summary and statutory appeals are suspended until further Order of
Court.
• The motions counter in Room 534 in the Allegheny County Courthouse
is closed until further notice. For emergency motions please contact
the court at (412) 350-1229, Monday through Friday between 9:00
A.M. and 3:00 P.M.
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• 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.
• Pretrial conference and formal arraignments are suspended until further
Order of Court.
amily Division
F
Child Support, Divorce, Alimony, & Equitable Distribution of Property
• Scheduled conferences and hearings in support, custody, equitable
distribution, and divorce are suspended until further Order of Court.
• With the consent of the parties, 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.
• Effective Thursday, March 26, 2020, for emergency matters involving
child support please call (412) 350-1500, Monday through Friday
between 9:00 A.M. and 3:00 P.M.
ustody
• Emergency custody motions will be addressed on a case by case basis.
For emergency custody motions please contact the court by email at
emergencycustody@alleghenycourts.us
• With the consent of the parties, 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.
• Effective Thursday, March 26, 2020, Monday through Friday
between 9:00 A.M. and 3:00 P.M. please call (412) 350-1500 for
questions concerning other emergency custody matters,
Protection from Abuse
• Until further Order of Court, all Temporary Protection from Abuse
matters will be handled at the Pittsburgh Municipal Court Building, 660
First Avenue, Pittsburgh, PA 15219. Proceedings will be conducted using
Advanced Communication Technology.
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• Temporary Protection from Abuse Petitions will be handled between the
hours of 8:00 A.M. and 2:00 P.M Monday through Friday.
• Emergency Protection from Abuse petitions will be handled from 2:00
P.M. until 8:00 A.M. Monday through Friday and 24 hours Saturday and
Sunday.
• Final Protection from Abuse Hearings are suspended until further Order
of Court.
• Temporary Orders for Protection from Abuse shall remain in effect until
fifteen (15) days after the end of the judicial emergency unless
otherwise indicated in the Temporary Order.
• 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.
• Hearings on ICC Complaints are suspended until further Order of Court.
• Effective Thursday, March 26, 2020, Monday through Friday
between 9:00 A.M. and 3:00 P.M. please call (412) 350-1500 for
questions concerning Protection from Abuse.
• All Juvenile Delinquency Proceedings shall be conducted using Advanced
uvenile Delinquency
Communication Technology.
regardless of judge assignment.
Fridays.
• One Judge will be assigned each day to handle all juvenile matters,
• Detention hearings shall be heard on Mondays, Wednesdays, and
• Emergency Motions will be heard on Tuesdays and Thursdays. All
Motions shall be filed through PACFile with a copy e-mailed to
juvenilemotions@alleghenycourts.us.
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J
• In cases where the juvenile is detained prior to the adjudicatory hearing,
the Court may schedule the adjudicatory hearing more than ten days
after the filing of the petition or the prehearing conference as deemed
appropriate by the judge, but the Court must review the detention
status by memo every ten 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 by
telephone. In all cases, the Court shall determine whether the continued
detainment is constitutionally permissible.
• Adjudicatory and dispositional hearings for juveniles who are not
detained are suspended until further Order of Court.
• Post-dispositional review hearings, except
for post-dispositional
proceedings involving a probation violation or failure to adjust allegation
where a juvenile is detained are suspended until further Order of Court.
Post-dispositional hearings where the recommendation is to close
supervision may be presented by memo, for the entry of an Order to
terminate supervision.
• Post-dispositional proceedings involving a probation violation allegation
or failure to adjust allegation where the juvenile is detained shall be
presented by video or teleconference.
• With the consent of the parties, any matter may be presented to the
Court by memorandum, without a hearing, for entry of an Order.
•
• All Juvenile Dependency Proceedings shall be conducted using Advanced
Juvenile Dependency
Communication Technology.
regardless of judge assignment.
• One Judge will be assigned each day to handle all juvenile matters,
• Juvenile dependency matters, with exception of shelter care hearings
and adjudicatory and dispositional hearings where the child is in
placement including kinship care, congregate care, or foster care, are
suspended until further Order of Court.
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• Dependency adjudicatory and dispositional hearings where the child is
in placement will be heard daily.
• The Court shall continue to handle shelter care proceedings, pursuant
to Pa. C.S. 6332. Shelter care hearings will be heard daily. No walk-
in shelter care hearings will be permitted.
• The Court shall continue to issue orders for protective custody, pursuant
to Pa. R.J.C.P. Rule 1210.
• 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.
• Emergency Motions will be heard on Tuesdays and Thursdays. All
Motions shall be filed through PACFile with a copy e-mailed to
juvenilemotions@alleghenycourts.us.
• All scheduled conferences and hearings are suspended until further
Orphans’ Court Division
Order of Court.
• All Emergency motions will be heard by audio or teleconference.
Effective Thursday, March 26, 2020, Emergency Motions shall be
emailed to emergencyorphansmotions@alleghenycourts.us.
• Involuntary civil commitment hearings will continue as scheduled and
will be conducted by audio or teleconference.
Magisterial District Courts
• All Magisterial District Courts are closed to the public. Pittsburgh
Municipal Court Arraignment Division will remain open to the public for
Emergency Protection from Abuse petitions.
• Police agencies are to follow the Revised Magisterial District Courts
COVID-19 Plan for the filing of criminal complaints, ICC complaints,
arrest warrants, and search warrants. Eight Magisterial District Courts
will remain open to the police for designated operations. See attached
Revised MDC COVID-19 plan.
• All cases in the Magisterial District Courts are postponed.
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• Until March 25, 2020, eight Magisterial District Courts will remain
open to police agencies for designated operations which include:
o Criminal Complaint filing, Arrest Warrant requests and On-View
Arrests only,
o Search Warrant issuance,
o Bail Hearings and Bail Hearings on ICC Complaints filed by police.
• All new criminal cases that are filed during the pendency of this order
shall be scheduled after April 15, 2020.
• Effective March 25, 2020, Magisterial District Judges will be remotely
available to handle essential designated operations which 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.
• There will be no identification process at time of arrest, defendants will
be assigned a fingerprint appointment for a later date.
• 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.
After review and with their approval, a Magisterial District Judge may
permit staff to sign a criminal complaint on their behalf. The Magisterial
District Judge shall utilize the procedures set forth below.
•
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.
• Execution of Orders for eviction or possession of residential properties
in Allegheny County are stayed.
• All time calculations relevant to Magisterial District Court proceedings
located in the Pennsylvania Rules of Conduct, Office Standards for Civil
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Procedure for Magisterial District Judges and the Pennsylvania Rules of
Criminal Procedure shall be suspended.
• Emergency Protection from Abuse petitions will be handled from 2:00
P.M. until 8:00 A.M. Monday through Friday and 24 hours Saturday and
Sunday. Until further Order of Court, all Protection from Abuse matters
will be handled at the Pittsburgh Municipal Court Building, 660 First
Avenue, Pittsburgh, PA 15219.
• 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.
• All Proceedings will be conducted using Advanced Communication
Technology, which includes audio or videoconference.
BY THE COURT:
KIM BERKELEY CLARK
PRESIDENT JUDGE
P. J.
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REVISED MAGISTERIAL DISTRICT COURTS COVID-19 PLAN Magisterial District Judges will be available remotely to handle designated essential operations. The Magisterial District Judges will be assigned on a rotating basis. The designated essential operations are as follows: • Criminal case filings, arrest warrant requests and on-view arrest cases and subsequent processing, which includes arraignments • Issuance of search warrants • Emergency Protection from Abuse Petitions Police departments will contact court personnel to initiate proceedings at MDJSWarrants@alleghenycourts.us. Detailed instructions on the steps to follow for remote processing will be sent to all police departments. Protocol for Teleconference Hearings Protocol BEFORE the hearing 1. Twenty-four (24) hours before the scheduled hearing, the Court shall provide counsel (or the parties in the case of self-represented or pro se litigants) and the court reporter that the Court will be using with the call information including the date and time of the hearing and the toll-free call-in number and the access code. 2. It is the responsibility of the attorneys to provide this information to their clients and to their witnesses. 3. It is the responsibility of self-represented litigants to provide this information to their witnesses. 4. Twenty-four (24) hours before the hearing the attorneys shall provide all counsel, the court, and the Office of the Court Reporters with a witness list, which shall include the case caption and docket number, the type of proceeding or hearing, and the names of all prospective witness (correct spellings of first and last names). 5. Witness lists may be emailed to the Office of the Court reporters at the following email address: gkushner@alleghenycourts.us. 6. The court shall provide the attorneys with the email address to send the witness list. 7. Self-represented litigants shall not be required to provide a witness list. 8. All parties and witnesses must call into the conference line at least five minutes before the scheduled starting time of the call. 9. The court should take care to schedule the hearings so that there is no overlap in the calls.
