CUMBERLAND COUNTY Rules of the Court of Common Pleas; No. 95-1387 Civil Term [28 Pa.B. 1000] Order of Court And Now, this 30th day of January, 1998, the following Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, are hereby promulgated and adopted for use, effective March 9, 1998, or thirty (30) days after publication in the Pennsylvania Bulletin.
Pursuant to Pa.R.C.P. 239, the Court Administrator is directed to forward seven (7) certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette, formatted in Word Perfect 6.1 for Windows reflecting the text in the hard copy version, one (1) copy to the Supreme Court Criminal Procedural Rules Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy to the Cumberland Law Journal.
By the Court
GEORGE E. HOFFER,
President JudgeArraignment Rule 303-1. Every defendant shall be arraigned before a judge, before the Clerk of Court, the Clerk's deputy or by first class mail, where the defendant is represented by counsel of record and upon timely initiative, hereinafter set forth:
(a) Arraignment shall take place at the Cumberland County Courthouse, at the Cumberland County Prison, at the State Correctional Institution at Camp Hill, by first class mail, or at such other place as may be designated by an order of the President Judge.
(1) If defense counsel chooses to have the defendant arraigned via first class mail, then the defendant and his or her counsel must complete the ''acknowledgment of arraignment'' form designated by Rule 303-2; and file the ''acknowledgment of arraignment'' form with the Clerk of Court before the date set for arraignment.
(b) Except when arraignment is done via first class mail, arraignment shall take place no later than fifteen (15) days after the information has been filed, unless waived by a defendant who has counsel, or is otherwise postponed by the court for cause shown.
(c) Defendant and counsel, if an appearance has been entered, shall receive written notice of the arraignment no later than five (5) days before the date scheduled for the arraignment.
(1) Such notice shall include a caption containing the name of the case, and the docket number and/or the offense tracking number.
(2) A completed ''subpoena to appear for formal arraignment'' shall be executed and given personally to the defendant by the District Justice following a preliminary hearing on the charges or a waiver thereof. Notice may also be given by first-class mail or in accordance with Pa.R.Crim.P. 9024.
(d) If a defendant is represented by private counsel, or court-appointed counsel other than the Public Defender, defendant may appear with counsel before the Clerk of Court for arraignment anytime prior to the scheduled formal arraignment, at which time counsel shall enter a formal appearance, if an appearance has not been previously entered of record.
(e) At arraignment, the defendant shall be instructed to appear at a pretrial conference pursuant to Rule 311 and trial.
Adopted January 11, 1978, effective January 16, 1978; Amended December 19, 1989, effective January 1, 1990; Amended December 8, 1997, effective January 22, 1998, Amended February 2, 1998, effective March 9, 1998.
[Pa.B. Doc. No. 98-293. Filed for public inspection February 20, 1998, 9:00 a.m.]
