1912 Local criminal rules 114, 106, 579 and 703(C)(3); rescinding 307.1; renumbering 301 and 1405.C(3)

Title 255--LOCAL
COURT RULES

BRADFORD COUNTY

Local Criminal Rules 114, 106, 579 and 703(C)(3); Rescinding 307.1; Renumbering 301 and 1405.C(3)

[34 Pa.B. 5794]

Order

   And Now, this 30th day of September 2004 , the Court hereby adopts the following Bradford County Rule of Criminal Procedure, to be effective thirty (30) days after the date of publication in the Pennsylvania Bulletin.

   It is further ordered that the District Court Administrator shall send seven (7) certified copies of this Rule to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Criminal Procedural Rules Committee, and one (1) copy to the Bradford County Law Journal for publication in the next issue of the Bradford County Law Journal.

   It is further ordered that this local rule shall be kept continuously available in the Clerk of Court's Office for public inspection and copying.

By the Court

JEFFREY A. SMITH,   
President Judge

Bradford County Local Criminal Rules

Local Rule 114

   (B)  Service

   (2)  The clerk of courts shall serve all orders entered by the court. The court administrator shall serve any notices of hearing or argument generated by court administration.

[Rule 301. Continuances] Local Rule 106

   (A)  Motions for continuance must be made in writing or of record in open court, unless excused by the court for cause.

   (1)  Before filing a motion for continuance, the moving party shall make reasonable efforts to obtain the consent of any interested party.

   (2)  Continuances upon the consent of the parties shall not be effective unless and until ordered by the court.

   (B)  Motions for continuances shall be presented no later than ten (10) calendar days before the date of the proceeding for which the continuance is requested. Thereafter, no motions for continuance will be granted unless:

   (1)  the opportunity therefor did not previously exist;

   (2)  the party making the motion was not aware and reasonably could not be aware of the grounds for the motion; or

   (3)  required in the interests of justice.

   (D)  Generally a request for a continuance based on proceedings scheduled in another trial court will be granted only if the other court's scheduling order was issued before the order scheduling the proceeding for which the continuance is requested. If the request for continuance is based on a conflict with a matter scheduled in another trial court, the scheduling order or other written documentation from the other court must be attached to the motion.

   (E)  (1)  The motion for continuance shall be substantially in the following form:

IN THE COURT OF COMMON PLEAS OF BRADFORD COUNTY, PENNSYLVANIA

COMMONWEALTH	:
VS.	:    NO.
	:

MOTION FOR CONTINUANCE

   NOW COMES ___________________________ , (by and through
                          (name of party)
(his) (her) (its) attorney, ___________________________ ,) and
                                    (name of attorney)
moves for a continuance as follows:

   1.  The above-captioned matter is scheduled for
 
_____________________________________
   (nature of proceeding, i.e., arraignment, omnibus pre-trial, trial, etc.)
 
on the ______ day of _________________ , 20______ , at ______  m.,
 
before _________________ .
         (name of judge)

   2.  The other (party) (parties) (is) (are):
 
_________________ represented by _________________
 
_________________ represented by _________________
 
_________________ represented by _________________
                                    (include any co-defendants in consolidated cases)

   3.  The proceeding was scheduled by _________________
                                                         (notice or order)
dated _________________ .

   4.  The proceeding (has) (has not) been previously continued ( _________________ time(s)).

   5.  A continuance is requested because
 

__________
 

__________
 

__________

(If a continuance is requested because of a conflicting court matter, the scheduling notice or order must be attached.)

6.  [  ]  No interested party objects to the continuance.

     [  ]  Only the following objected to the continuance request:
 
_________________ because _________________ ;
 
_________________ because _________________ ;
 
_________________ because _________________ ;
 
    [  ]  Consent to the continuance could not be obtained

from _________________ because _________________
 
        _________________ because _________________

   (If a response has not been obtained from any interested party, specify the date, time and manner of all efforts to obtain consent to the continuance.)

   7.  I hereby certify that if a continuance is granted, I will notify all witnesses who would be appearing at my request.

   8.  I specifically request a continuance
 
      [  ]  of not less than ______
 
      [  ]  of not more than ______ (or)
 
      [  ]  to the next available date.

                                          Respectfully submitted,
 

 

                                                               (Attorney Supreme Court ID number)

   Failure to fully complete the motion for continuance form shall be grounds for denying the request.

   Note: This rule does not apply to a defense motion for a continuance of trial, which is governed by Rule 106(C)of the Pennsylvania Rules of Criminal Procedure

[Rule 307.1.] Rescinded

   (A)  Each claim or ground for relief raised in an omnibus pre-trial motion and any claim or ground which could be raised in an omnibus pre-trial motion shall be set forth in a separately numbered count.

   (B)  Immediately prior to the filing of an omnibus pre-trial motion, and any claim or ground which could be raised in an omnibus pre-trial motion, the attorney filing the motion or, if the defendant is not represented by an attorney, the defendant shall obtain from the Court Administrator's office an order scheduling hearing and argument on the motion. The motion for argument shall include a statement of the time needed for hearing and argument.

   (C)  The order for hearing and argument shall be filed and served with the omnibus pre-trial motion.

   (D)  A brief in support each claim or ground for relief raised in an omnibus pre-trial motion shall be filed and served with the omnibus pre-trial motion.

   (E)  A reply brief shall be filed by the attorney for the Commonwealth as the presiding judge may direct.

Local Rule 579

   (C)  A brief in support each claim or ground for relief raised in an omnibus pre-trial motion shall be filed and served with the omnibus pre-trial motion.

   (E)  A reply brief shall be filed by the attorney for the Commonwealth as the presiding judge may direct.

[Bradford County Rule of Criminal Procedure 1405.C(3)] Renumbered.

Rule 704(C)(3) Post-Sentence Rights Advisory Form

[Pa.B. Doc. No. 04-1912. Filed for public inspection October 22, 2004, 9:00 a.m.]