Berk. Cnty. Pa. 575.1

As amended through May 6, 2024
Rule 575.1 - Presentation of Motions, Petitions and Applications
(A) All motions, petitions and applications, including omnibus pretrial motions for relief, petitions for writ of habeas corpus, motions for change of venue or change in venue motion for new trial, motion in arrest of judgment, and all other motions which can be filed as a matter or right, except emergency motions, petitions and applications and except motions for continuance, shall be filed in the office of the Clerk of Courts for transmission to the assigned Judge of the Court of Common Pleas for disposition.
(B) All emergency motions, petitions and applications and motions for a continuance shall be made in the courtroom of the Common Pleas Judge assigned to the case either at 9:30 A.M. or 1:30 P.M. on a day he is scheduled to sit. If the motion, petition or application is of such nature that the opposing party has a right to be heard, the moving party shall give such opposing party at least forty-eight (48) hours notice of the time when the moving party will appear and present such motion, petition or application, unless the emergency nature of the motion prevents such notice. In the latter situation the moving party shall give as much notice as is reasonably possible.
(C) If a case has not been assigned to a particular Common Pleas Judge, the emergency motion, petition or application shall be made in the courtroom of the emergency motions judge either at 9:30 A.M. or 1:30 P.M.
(D) No emergency motion, petition or application shall be made or presented to the judge assigned to the case in chambers without pre-arrangement with that judge. No request for appointment in chambers shall be granted except for compelling reasons.
(E) All emergency motions, petitions or applications which require immediate action in cases where the assigned judge is unavailable or in cases where no Common Pleas Judge has been assigned to the case, shall be presented to the emergency motions judge in his courtroom at 9:30 A.M. or 1:30 P.M., or by pre-arrangement with the emergency motions judge in his chambers.
(F) A party filing or presenting a motion, petition or application for an order shall file with the motion, petition or application a proposed form of the order sought, together with one copy of such proposed order for the moving party and one copy for each other party and one copy for the criminal court computer office as well as a certification directed to the Clerk of Courts setting forth the names and addresses of those to be served.
(G) If a party presents a motion, petition or application without the required number of copies, the clerk shall file and docket said motion, petition or application, but the court need not act upon the same until the required number of copies is provided.

Berk. Cnty. Pa. 575.1

Effective 1/2/2006