Blair County

Pennsylvania

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MDJ Procedural Order

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Overview

This Administrative Order, issued by the Court of Common Pleas of Blair County, Pennsylvania, outlines procedural adjustments for Magisterial District Judges (MDJs) effective June 1, 2020. The order addresses eviction stays, landlord-tenant filings, and criminal court appearances in response to the COVID-19 pandemic.

Evictions

  • Stay of Evictions: All evictions are stayed (paused) through July 10, 2020.
  • Posting Notices: Constables are permitted to post eviction notices on July 3, 2020.
  • Execution: Evictions may occur as early as Monday, July 13, 2020.

Landlord/Tenant Filings

  • Material Breach: Cases involving a material breach of the lease may be filed and heard.
  • Failure to Pay Rent: Claims for failure to pay rent will be held (paused) unless the case also includes a claim of material breach. If both are included, the court will issue judgments on all matters.
  • Nonpayment/Overstaying: Filings solely for breach of lease due to nonpayment of rent or overstaying will not be accepted until July 13, 2020.

Criminal Matters Appearance

Incarcerated Defendants

  • Waiver of Appearance: Defendants who consent to waive personal appearance via Pa. R. C. P Rule 119 will have their preliminary hearings conducted remotely (via ACT) through July 10, 2020.
  • Refusal of Waiver: Defendants who decline to waive personal appearance will have their matters continued until after July 10, 2020.

Non-Incarcerated Defendants

  • Remote Appearance: MDJs may allow non-incarcerated defendants to waive personal appearance and appear remotely. A remote signature authorization form is acceptable.
  • In-Person Appearance: If personal appearance is allowed, it must be conducted with social distancing and mask-wearing.
  • Other Cases: MDJs may utilize ACT (remote proceedings) for civil, landlord-tenant, traffic, and nontraffic cases at their discretion.

Remote Participation Guidelines

  • Attorneys: MDJs must notify attorneys to be prepared for remote hearings.
  • Victims and Witnesses: MDJs must notify the District Attorney's staff to be prepared for remote participation by victims and witnesses.
  • Safety: Remote participation is recommended to increase safety during the pandemic but remains at the discretion of the individual MDJ.

Issued by: The Hon. Elizabeth A. Doyle, President Judge Date: June 1, 2020

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