What motion follows a failure to show cause?

Question

I am representing myself. I filed a motion to terminate probation on April 8th, the motion was received by a judge on the 11th and he issued an order of rule to show cause to the district attorney's office within 15 days, that time passed, plus an additional 17 days and while speaking to a clerk in the judge's chamber, I was told I need to file some sort of motion regarding the district attorney's lack of response/timeliness, but according to general rules and procedures the clerk could not offer a description of what exactly I needed to file. Could anyone shed a light on this?

Pro se, in Lancaster, PA

Answer 1

My guess: A Motion for Summary Judgement.

Have you talked to the Clerk of Court? Often, in PA, they have someone assigned to offer a tiny bit of help to pro se petitioners when it comes to filings. Another alternative in PA, if nobody will point you to an example or an applicable part of the RCP, is to just start filing your best guesses. There's no additional filing fee in a criminal case, and as long as you're making a good-faith effort I've seen clerks and judges relent pretty quickly on the finer points of procedure when it comes to pro se petitioners. (Actually, this may explain why the Clerk of Court is inclined to proactively offer help.)

You might also contact the Public Defender's Office for the correct answer, especially if you were at any time assisted by a public defender.