Over the past thirteen months the local courts have responded exceedingly well to altering the daily functioning of the various departments when considering the constraints imposed on a broader scale and compared to other counties. While different, litigants in Family Division have been by and large able to address their needs, albeit in new ways, but at least being able to continue their cases.
For family division cases in in Allegheny County, almost all matters are being handled by phone or video conference. Support conferences and hearings are by phone. Conciliations, Hearings and Trials are using video conferencing.
Filing for Protection from Abuse will continue to be done in person. The Department of Court Records has been open during the past thirteen months, but filings can be done by mail or on-line.
The latest Order governing the operations of the courts in Allegheny County was entered on April 26, 2021.
This Order states that most legal matters in Pittsburgh Courts will continue to be handled in the same way as they have proceeded during the last ten months. The Order extends until May 28, 2021.
The complete text is copied below as it contains information for all court matters and not just family court, as we often see overlap between the cases we handle and those occurring in other divisions.
“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 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 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.
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 website at https://www.alleghenycourts.us/civil/arbitration.aspx.
Information regarding requesting an arbitration hearing date for a case filed during the time when dates were not being assigned can be found on the Court’s website at: https://www.alleghenycourts.us/civil/arbitration.aspx
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 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.
• 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 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.
Pittsburgh Municipal Court shall remain open to the public and open for case filings, payments and case processing.
All other provisions of the Emergency Operations Plan Order entered on August 31, 2020 as amended shall remain in effect until further Order of Court.
All Court facilities shall remain open to the public and open for case filings and other business except as described above.”
If you require assistance navigating what these changes mean to your case, or proceeding or responding to new or existing litigation feel free to call our office at: 412.303.9566. We offer a free phone consultation for Allegheny County Family Law matters.
