Title 234--RULES OF CRIMINAL PROCEDURE [234 PA. CODE CH. 300] Order Amending Rule 303; No. 266; Criminal Procedural Rules Doc. No. 2 1 [30 Pa.B. 6183] The Criminal Procedural Rules Committee has prepared a Final Report explaining the amendments to Rule of Criminal Procedure 303 (Arraignment) that were adopted November 17, 2000, effective January 1, 2001. These rule changes remove the local rule option from paragraph (C), thereby providing a uniform, statewide procedure permitting a represented defendant to waive his or her right to appear at the arraignment. The Final Report follows the Court's Order.
Order Per Curiam:
Now, this 17th day of November, 2000, upon the recommendation of the Criminal Procedural Rules Committee; the proposal having been published before adoption at 28 Pa.B. 5868 (December 5, 1998), and in the Atlantic Reporter (Second Series Advance Sheets, Vol. 720), 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 Rule of Criminal Procedure 303 is amended in the following form.
This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective January 1, 2001.
Annex A TITLE 234. RULES OF CRIMINAL PROCEDURE CHAPTER 300. PRETRIAL PROCEEDINGS Rule 303. Arraignment.2
(A) Except as otherwise provided in paragraph (C), [Arraignment] arraignment shall be in such form and manner as provided by local court rule. Notice of arraignment shall be given to the defendant as provided in Rule 9024 or by first class mail.3 Unless otherwise provided by local court rule, or postponed by the court for cause shown, arraignment shall take place no later than 10 days after the information has been filed.
(B) At arraignment, the defendant shall be advised of:
(1) the right to be represented by counsel;
(2) the nature of the charges contained in the information; and
(3) the right to file motions, including a Request for a Bill of Particulars, a Motion for Pretrial Discovery and Inspection, and an Omnibus Pretrial Motion, and the time limits within which the motions must be filed.
If the defendant or counsel has not received a copy of the information(s) pursuant to Rule 227 a copy thereof shall be provided.4
(C) [When permitted by local rule, a] A defendant may waive appearance at arraignment if the following requirements are met:
(1) the defendant is represented by counsel of record and counsel concurs in the waiver; and
(2) the defendant and counsel sign and file with the clerk of courts a waiver of appearance at arraignment that acknowledges the defendant:
(a) understands the nature of the charges;
(b) understands the rights and requirements contained in paragraph (B) of this rule; and
(c) waives his or her right to appear for arraignment.
Comment Although this rule does not explicitly require formal arraignments, judicial districts must see to it that the purposes for which arraignments are held, as specified in this rule, are observed in some fashion in all court cases.
The main purposes of arraignment are: to assure that the defendant is advised of the charges; to have counsel enter an appearance, or if the defendant has no counsel, to consider the defendant's right to counsel; and to commence the period of time within which to initiate pretrial discovery and to file other motions. Concerning the waiver of counsel, see Rule 318.5
Under paragraph (A), in addition to other instances of ''cause shown'' for delaying the arraignment, the arraignment may be delayed when the defendant [was] is unavailable for arraignment within the 10-day period after the information [was] is filed.
Paragraph (C) is intended to facilitate, for defendants represented by counsel, waiver of appearance at arraignment through procedures such as arraignment by mail. For the procedures to provide notice of court proceedings requiring the defendant's presence, see Rule 9024.
Official Note: Formerly Rule 317, adopted June 30, 1964, effective January 1, 1965; paragraph (b) amended November 22, 1971, effective immediately; paragraphs (a) and (b) amended and paragraph (e) deleted November 29, 1972, effective 10 days hence; paragraphs (a) and (c) amended February 15, 1974, effective immediately. Rule 317 renumbered Rule 303 and amended June 29, 1977, amended and paragraphs (c) and (d) deleted October 21, 1977, and amended November 22, 1977, all effective as to cases in which the indictment or information is filed on or after January 1, 1978; Comment revised January 28, 1983, effective July 1, 1983; amended October 21, 1983, effective January 1, 1984; amended August 12, 1993, effective September 1, 1993; rescinded May 1, 1995, effective July 1, 1995, and replaced by new Rule 303. New Rule 303 adopted May 1, 1995, effective July 1, 1995; renumbered Rule 571 and amended March 1, 2000, effective April 1, 2001; amended November 17, 2000, effective January 1, 2001.
Committee Explanatory Reports:
Report explaining the August 12, 1993 amendments published at 22 Pa.B. 3826 (July 25, 1992).
Final Report explaining the May 1, 1995 changes published with the Court's Order at 25 Pa.B. 1944 (May 20, 1995).
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Final Report explaining the November 17, 2000 amendments concerning a defendant's waiver of appearance at arraignment published with the Court's Order at 30 Pa.B. 6184 (December 2, 2000).
FINAL REPORT6 Proposed amendments to Pa.R.Crim.P. 3037 Waiver of Appearance at Arraignment On November 17, 2000, effective January 1, 2001, upon the recommendation of the Criminal Procedural Rules Committee, the Court amended Rule of Criminal Procedure 303 (Arraignment) to establish a uniform, statewide procedure permitting a represented defendant to waive appearance at arraignment.
In 1995, the Court adopted a new and reorganized Rule 303 containing a provision that authorized, when permitted by local rule, waiver of appearance at arraignment by defendants who are represented by counsel and who satisfy the requirements in paragraph (C). See 25 Pa.B. 1944 (May 20, 1995). As part of its ongoing monitoring of the Criminal Rules, the Committee noted that this waiver of appearance provision has met with favorable response from members of the bench and bar in those judicial districts adopting the local rule. Their experiences with the local rule provision have demonstrated that the purposes of arraignment are achieved by consultation between attorney and client, and that permitting the waiver has significantly reduced the burdens on the court's resources and the defendants' and counsels' time.
In view of these considerations, and the Court's continued interest in reducing the number of local rules to promote the statewide practice of law, Rule 303 has been amended by removing the local rule provision from paragraph (C) and establishing a uniform, statewide procedure that permits a represented defendant to waive his or her right to appear at the arraignment. Because the waiver is a statewide procedure, and therefore an exception to the procedures in paragraph (A), paragraph (A) has been amended to include ''except as otherwise provided in paragraph (C).''
The Rule 303 Comment has been revised to include a cross-reference to Rule 9024 (Notice of Court Proceeding(s) Requiring Defendant's Presence). Because the arraignment serves as a vehicle to provide the defendant with notices of future court appearances, this revision highlights the applicability of the Rule 9024 procedures to providing notice to the defendant of the next court hearing when the defendant waives the right to appear at the arraignment.
[Pa.B. Doc. No. 00-2053. Filed for public inspection December 1, 2000, 9:00 a.m.] _______
