7 Adopted criminal rules of procedure; M03-643

Title 255--LOCAL
COURT RULES

SCHUYLKILL COUNTY

Adopted Criminal Rules of Procedure; M03-643

[34 Pa.B. 37]

Order of Court

   And Now, this 9th day of December, 2003, at 9:00 a.m., Schuylkill County Criminal Rule of Procedure, Rule 545(a) is adopted for use in the Court of Common Pleas of Schuylkill County, Pennsylvania, Twenty-First Judicial District, Commonwealth of Pennsylvania, effective thirty (30) days after publication in the Pennsylvania Bulletin.

   The Clerk of Courts of Schuylkill County is Ordered and Directed to do the following:

   1)  File seven (7) certified copies of this Order and Rule with the Administrative Office of Pennsylvania Courts.

   2)  File two (2) certified copies of this Order and Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette reflecting the text in the hard copy version.

   3)  File one (1) certified copy of this Order and Rule with the Pennsylvania Criminal Procedural Rules Committee.

   4)  Forward one (1) copy to the Law Library of Schuylkill County for publication in the Schuylkill Legal Record.

   5)  Keep continuously available for public inspection copies of this Order and Rule.

   It is further Ordered that said rule as it existed prior to the amendment is hereby repealed and annulled on the effective date of said rule as amended, but no right acquired thereunder shall be disturbed.

WILLIAM E. BALDWIN,   
President Judge

Rule 545  Compulsory Process of Incarcerated Witnesses

   (a)  Whenever the Commonwealth or the defendant require the attendance at a court proceeding of a witness who is known to be incarcerated, the party seeking to compel the witness' appearance shall petition the court for an order directing the transport of that witness from his or her place of incarceration for the purpose of testifying at the court proceeding. The petition for transport shall be submitted to the court not later than three weeks prior to the date of the proceeding for which the witness' appearance is required. If the court provides the parties with less than three weeks notice of the proceeding, the petition for transport shall be submitted to the court immediately upon receiving notice of the date and time when the proceeding will be conducted. Failure to file a timely petition may result in the unavailability of the witness.

[Pa.B. Doc. No. 04-7. Filed for public inspection January 2, 2004, 9:00 a.m.]