2103 Order amending Rule 1013 of the Rules of Criminal Procedure; no. 440 criminal procedural rules doc.
[ 234 PA. CODE CH. 10 ] Order Amending Rule 1013 of the Rules of Criminal Procedure; No. 440 Criminal Procedural Rules Doc. [43 Pa.B. 6657]
[Saturday, November 9, 2013]Order Per Curiam
And Now, this 24th day of October, 2013, upon the recommendation of the Criminal Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of justice and efficient administration, and a Final Report to be published with this Order:
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the amendment to Pennsylvania Rule of Criminal Procedure 1013 is adopted as in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective immediately.
Annex A TITLE 234. RULES OF CRIMINAL PROCEDURE CHAPTER 10. RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA TRAFFIC COURT PART A. Philadelphia Municipal Court Procedures Rule 1013. Prompt Trial—Municipal Court.
(A) (1) [Trial in a Municipal Court case in which a preliminary arraignment is held after June 30, 1974, but before July 1, 1975, shall commence no later than 210 days from the date on which the preliminary arraignment is held.
(2)] Trial in a Municipal Court case shall commence no later than 180 days from the date on which the preliminary arraignment is held.
[(3)] (2) Trial in a Municipal Court case in which the defendant appears pursuant to a summons shall commence no later than 180 days from the date on which the complaint is filed.
[(4)] (3) Trial in a case that commenced as a Common Pleas Court case but was later ordered to be tried in Municipal Court shall commence no later than 180 days from the date on which the preliminary arraignment is held or 60 days from the date on which the order is made, whichever is greater.
[(5)] (4) Trial in a case which is transferred from the juvenile court to the Municipal Court shall commence no later than 180 days from the date of filing the transfer order.
* * * * * Comment For a discussion of the general principles underlying this rule and for other explanatory comments applicable to it, see the Comment to Rule 600. It should be noted, however, that in several technical respects the text of this rule differs from that of Rule 600.
Paragraph [(A)(3)] (A)(2) is intended to apply only when a defendant appears in compliance with a summons. It is not intended to apply when a defendant is arrested after non-compliance with or return of a summons.
Paragraph [(A)(4)] (A)(3) is intended to provide a minimum 60-day period for trial of those cases which become Municipal Court cases when, at the preliminary hearing, in court, or otherwise after preliminary arraignment, all offenses punishable by more than five years imprisonment are discharged.
The time for trial in cases that originate as Court of Common Pleas cases and are transferred to the Municipal Court but are subsequently transferred back to the Court of Common Pleas are governed by Rule 600. See Commonwealth v. Far, 616 Pa. 149, 46 A.3d 709 (2012).
''Order requiring the retrial,'' as used in paragraph (H) is intended to include, for example, the declaration of a mistrial, or the withdrawal, rejection of, or successful challenge to a guilty plea.
Official Note: Rule 6013 adopted June 28, 1974, effective prospectively as set forth in paragraphs (A)(1) and (A)(2) of this rule; amended July 1, 1980, effective August 1, 1980; amended October 22, 1981, effective January 1, 1982; the amendment to paragraph (D) as it regards exclusion of defense-requested continuances was specifically made effective as to continuances requested on or after January 1, 1982, and paragraph (H), which provides the time for retrials, was specifically made effective as to retrials required by orders entered on or after January 1, 1982; amended September 3, 1993, effective January 1, 1994; renumbered Rule 1013 and amended March 1, 2000, effective April 1, 2001; amended August 8, 2002, effective January 1, 2003; amended June 26, 2003, effective July 1, 2003; Comment revised July 1, 2013, effective August 1, 2013; amended October 24, 2013, effective immediately.
Committee Explanatory Reports:
* * * * * Final Report explaining the October 24, 2013 amendment deleting paragraph (A)(1) as obsolete published with the Court's Order at 43 Pa.B. 6657 (November 9, 2013).
FINAL REPORT1 Amendment to Pa.R.Crim.P. 1013 On October 24, 2013, effective immediately, upon the recommendation of the Criminal Procedural Rules Committee, the Court adopted the amendment of Rule of Criminal Procedure 1013 (Prompt Trial—Municipal Court), removing paragraph (A)(1) of Rule 1013 as no longer necessary. Paragraph (A)(1) states:
(A)(1) Trial in a Municipal Court case in which a preliminary arraignment is held after June 30, 1974, but before July 1, 1975, shall commence no later than 210 days from the date on which the preliminary arraignment is held.
Paragraph (A)(1) was part of then-Rule 6013 when it was first adopted on June 28, 1974 to provide guidance in determining what time limit for prompt trials should be applied to cases then pending in the Philadelphia Municipal Court. The Committee is not aware of any case to which this provision would apply that is still open and concluded that this provision is obsolete. Therefore, the paragraph has been deleted from the rule.
[Pa.B. Doc. No. 13-2103. Filed for public inspection November 8, 2013, 9:00 a.m.] _______
