Title 234--RULES OF CRIMINAL PROCEDURE PART I. GENERAL [234 PA. CODE CHS. 1--11, 20, 30, 50, 100,
200, 300, 1100, 1400--1700, 2000, 4000,
6000 AND 9000]Proposal to Reorganize and Renumber the Rules of Criminal Procedure [29 Pa.B. 1360] Introduction The Criminal Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania reorganize and renumber the Rules of Criminal Procedure, and make a number of correlative changes to the rules. The proposed reorganization will present the rules in a more orderly fashion that more accurately reflects the movement of a criminal case through the criminal justice system, thereby making the rules more ''user friendly'' and easier to follow.1 This proposal has not been submitted for review by the Supreme Court of Pennsylvania.
The following explanatory Report highlights the Committee's considerations in formulating this proposal. Please note that the Committee's Reports should not be confused with the official Committee Comments to the rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the explanatory Reports.
The proposed reorganization and text of the amendments precedes the Report. Deletions appear in bold and brackets, and additions appear in bold.
We request that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through counsel, Anne T. Panfil, Chief Staff Counsel, Supreme Court of Pennsylvania, Criminal Procedural Rules Committee, P. O. Box 1325, Doylestown, PA 18901 no later than Wednesday, April 28, 1999.
By the Criminal Procedural Rules Committee
FRANCIS BARRY MCCARTHY,
ChairProposed Reorganization of Rules2 Rule
CHAPTER 1. GENERAL PROVISIONS 100. Scope of Rules. 101. Purpose and Construction. 102. Citing the Criminal Procedural Rules. Part A. Business of the Courts
103. Definitions. 104. Design of Forms. 105. Local Rules. 106. Continuances in Summary and Court Cases. 107. Contents of Subpoena. 108. Habeas Corpus Venue. 109. Defects in Form, Content, or Procedure. 110. Special Orders Governing Widely-Publicized or Sensational Cases. 111. Public Discussion of Pending or Imminent Criminal Litigation by Court Personnel. 112. Publicity, Broadcasting, and Recording of Proceedings. 113. Notice of Court Proceeding(s) Requiring Defendant's Presence. 114. Notice and Docketing of Orders. 115. Recording and Transcribing Court Proceedings. Part B. Counsel
120. Attorneys--Appearances and Withdrawals. 121. Waiver of Counsel. 122. Assignment of Counsel. 123. Application for the Assignment of Counsel. 124. In Forma Pauperis. (Reserved) Part C. Venue, Location, and Recording of
Proceedings Before Issuing Authority130. Venue. 131. Location of Proceedings Before Issuing Authority. 132. Continuous Availability and Temporary Assignment of Issuing Authorities. 133. Powers of Temporarily Assigned Issuing Authorities. 134. Objections to Venue. 135. Transcript of Proceedings Before Issuing Authority. Part D. Procedures Implementing 42 Pa.C.S.
§§ 4137, 4138, and 4139: Criminal Contempt
Powers of District Justices, Judges of the
Pittsburgh Magistrates Court and Judges
of the Traffic Court of Philadelphia140. Contempt Proceedings Before District Justices, Pittsburgh Magistrates Court Judges, and Philadelphia Traffic Court Judges. 141. Appeals from Contempt Adjudications by District Justices, Pittsburgh Magistrates Court Judges, or Philadelphia Traffic Court Judges. 142. Procedures Governing Defaults in Payment of Fine Imposed As Punishment for Contempt. CHAPTER 2. INVESTIGATIONS
Part A. Search Warrants
200. Who May Issue. 201. Purpose of Warrant. 202. Approval of Search Warrant Applications by Attorney for the Commonwealth--Local Option. 203. Requirements for Issuance. 204. Person to Serve Warrant. 205. Contents of Search Warrant. 206. Contents of Application for Search Warrant. 207. Manner of Entry Into Premises. 208. Copy of Warrant; Receipt for Seized Property. 209. Return With Inventory. 210. Return of Papers to Clerk. 211. Sealing Search Warrant Affidavits. Part B(1). Investigating Grand Juries
220. Motion and Order for Investigating Grand Jury. 221. Summoning Investigating Grand Jurors. 222. Composition and Organization of the Investigating Grand Jury. 223. Administering Oath to Stenographer. 224. Administering Oath to Court Personnel. 225. Administering Oath to Grand Jury and Foreman. 226. Charge to Investigating Grand Jury. 227. Administering Oath to Witness. 228. Recording of Proceedings Before Investigating Grand Jury. 229. Control of Investigating Grand Jury Transcript/Evidence. 230. Disclosure of Testimony Before Investigating Grand Jury. 231. Who May Be Present During Session of an Investigating Grand Jury. B(2). Statewide or Regional Investigating
Grand Juries
240. Applicability of Investigating Grand Jury Rules. 241. Summoning Jurors for Statewide or Regional Investigating Grand Juries. 242. Providing Prospective Jurors for Statewide or Regional Investigating Grand Juries. 243. Location of Statewide or Regional Investigating Grand Juries. 244. Venue. CHAPTER 3. ACCELERATED REHABILITATIVE DISPOSITION
Committee Introduction to Chapter 3.
Part A. Summary Cases
300. Accelerated Rehabilitative Disposition in Summary Cases. 301. Procedures for Accelerated Rehabilitative Disposition in Summary Cases Before the Minor Judiciary. 302. Procedures for Accelerated Rehabilitative Disposition in Summary Cases in the Court of Common Pleas--Local Option. Part B. Court Cases
310. Motion for Accelerated Rehabilitative Disposition. 311. Application Process and Notice of Motion by Attorney for the Commonwealth. 312. Hearing, Explanation of Program. 313. Hearing, Manner of Proceeding. 314. Deferring Action Upon Admission to Program Before Information. 315. Deferring Adjudication of the Charges Upon Admission to Program After Information. 316. Conditions of the Program. 317. Procedure Upon Refusal to Accept the Conditions. 318. Procedure on Charge of Violation of Conditions. 319. Procedure for Obtaining Order for Dismissal Upon Successful Completion of the Program. 320. Expungement Upon Successful Completion of ARD Program. CHAPTER 4. PROCEDURES IN SUMMARY CASES Committee Introduction to Chapter 4. Part A. Instituting Proceedings
400. Means of Instituting Proceedings in Summary Cases. 401. Means of Instituting Proceedings in Summary Cases Charging Parking Violations. Part B. Citation Procedures
402. Persons Who Shall Use Citations. 403. Contents of Citation. Part B(1). Procedures When Citation Is
Issued to Defendant
405. Issuance of Citation. 406. Procedure Following Issuance of Citation. 407. Pleas in Response to Citation. 408. Not Guilty Pleas--Notice of Trial. 409. Guilty Pleas. Part B(2). Procedures When Citation Filed
410. Filing of Citation. 411. Procedures Following Filing of Citation--Issuance of Summons. 412. Pleas in Response to Summons. 413. Not Guilty Pleas--Notice of Trial. 414. Guilty Pleas. Part C. Procedures in Summary Cases
When Complaint Filed
420. Filing of Complaint. 421. Procedure Following Filing of Complaint--Issuance of Summons. 422. Pleas in Response to Summons. 423. Not Guilty Pleas--Notice of Trial. 424. Guilty Pleas. Part D. Arrest Procedures in Summary Cases
Part D(1). Arrests With a Warrant
430. Issuance of Arrest Warrant. 431. Procedure When Defendant Arrested With Warrant. Part D(2). Arrests Without a Warrant
440. Arrest Without Warrant. 441. Procedure Following Arrest Without Warrant. Part E. General Procedures in Summary Cases
450. Motions. (Reserved) 451. Service. 452. Collateral. 453. Joinder of Offenses and Defendants. 454. Trial in Summary Cases. 455. Trial in Defendant's Absence. 456. Default Procedures: Restitution, Fines, and Costs. 457. Withdrawal of Charges in Summary Cases. 458. Dismissal in Summary Cases Upon Satisfaction or Agreement. Part F. Procedures in Summary Cases for
Appealing to Court of Common Pleas for a
Trial De Novo
460. Notice of Appeal. 461. Stays. 462. Trial De Novo. Part G. Special Procedures in Summary Cases
Under the Vehicle Code
470. Procedures Related to License Suspension After Failure to Respond to Citation or Summons. 471. Disposition Report. CHAPTER 5. PRETRIAL PROCEDURES IN
COURT CASES
Part A. Preservation of Testimony
500. Preservation of Testimony After Institution of Criminal Proceedings. 501. Preservation of Testimony by Videotape Recording. Part B. Instituting Proceedings
502. Instituting Proceedings in Court Cases. Part B(1). Complaint Procedures
503. Complaint Procedures Generally. 504. Contents of Complaint. 505. Complaints: Joinder of Offenses and Defendants. 506. Approval of Private Complaints. 507. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth--Local Option. 508. Procedure Following Submission of Complaint to Issuing Authority. 509. Use of Summons or Warrant of Arrest in Court Cases. Part B(2). Summons Procedures
510. Contents of Summons; Time of Preliminary Hearing. 511. Service of Summons. 512. Procedure in Court Cases Following Issuance of Summons. Part B(3). Arrest Procedures in Court Cases (a) Arrest Warrants
513. Requirements for Issuance. 514. Duplicate and Alias Warrants of Arrest. 515. Execution of Arrest Warrant. 516. Procedure in Court Cases When Warrant of Arrest Is Executed Within Judicial District of Issuance. 517. Procedure in Court Cases When Warrant of Arrest Is Executed Outside Judicial District of Issuance. (b) Arrests Without Warrant
518. Procedure in Court Cases Initiated by Arrest Without Warrant. Part C. Bail
520. Bail Before Verdict. 521. Bail After Finding of Guilt. 522. Detention of Witnesses. Part C(1). Release Procedures
523. Release Criteria. 524. Types of Release on Bail. 525. Bail Bond. 526. Conditions of Bail Bond. 527. Nonmonetary Conditions of Release on Bail. 528. Monetary Condition of Release on Bail. 529. Modification of Bail Order Prior to Verdict. Part C(2). General Procedures in all Bail Cases
530. Duties and Powers of a Bail Agency. 531. Qualifications of Surety. 532. Substitution of Surety or Security. 533. Increased Amount of Monetary Condition of Bail. 534. Duration of Obligation. 535. Receipt for Deposit; Return of Deposit. 536. Procedures Upon Violation of Conditions: Revocation of Release and Forfeiture; Bail Pieces; Exoneration of Surety. Part D. Proceedings in Court Cases Before
Issuing Authorities
540. Preliminary Arraignment. 541. Waiver of Preliminary Hearing. 542. Preliminary Hearing. 543. Continuance of a Preliminary Hearing. 544. Disposition of Case at Preliminary Hearing. 545. Witnesses: Compulsory Process. 546. Dismissal Upon Satisfaction or Agreement. 547. Return of Transcript and Original Papers. 548. Amendment of Transcript in Court Cases. 549. Compelling Transmission of Papers by Issuing Authority. 550. Pleas of Guilty Before District Justice in Court Cases. 551. Withdrawal of Prosecution Before Issuing Authority. Part E. Informations
560. Information: Filing, Contents, Function. 561. Withdrawal of Charges by Attorney for the Commonwealth. 562. Copy of Information to be Furnished Defendant. 563. Joinder of Offenses in Information. 564. Amendment of Information. 565. Presentation of Information Without Preliminary Hearing. 566. Application of Indictment Statutes to Information. Part F. Procedures Following Filing
of Information
570. Pretrial Conference. 571. Arraignment. 572. Bill of Particulars. 573. Pretrial Discovery and Inspection. Part F(1). Motion Procedures
574. Motions. 575. Answers. 576. Filing. 577. Service. 578. Omnibus Pretrial Motion for Relief. 579. Time for Omnibus Pretrial Motion and Service. 580. Disposition of Pretrial Motions. 581. Suppression of Evidence. 582. Joinder--Trial of Separate Indictments or Informations. 583. Severance of Offenses or Defendants. 584. Motion for Change of Venue or Change of Venire. 585. Nolle Prosequi. 586. Court Dismissal Upon Satisfaction or Agreement. 587. Motion for Dismissal. 588. Motion for Return of Property. Part G. Plea Procedures
590. Pleas and Plea Agreements. 591. Withdrawal of Plea of Guilty. CHAPTER 6. TRIAL PROCEDURES IN
COURT CASES
Part A. General Provisions
600. Prompt Trial. 601. Presence of Judge. 602. Presence of the Defendant. 603. Exceptions. 604. Opening Statements and Closing Arguments. 605. Mistrial. 606. Challenges to Sufficiency of Evidence. 607. Challenges to the Weight of the Evidence. 608. Motion for Judgment of Acquittal After Discharge of Jury. Part B. Non-Jury Procedures
620. Waiver of Jury Trial. 621. Procedure When Jury Trial Is Waived. 622. Time for Court Action Following Non-Jury Trial. Part C. Jury Procedures
630. Juror Qualification Form, Lists of Trial Jurors, and Challenge to the Array. Part C(1). Impaneling Jury
631. Examination and Challenges of Trial Jurors. 632. Juror Information Questionnaire. 633. Examination and Challenges of Alternate Trial Jurors. 634. Number of Peremptory Challenges. 635. Exhaustion of the Jury Panel. Part C(2). Conduct of Jury Trial
640. Swearing the Trial Jury to Hear the Cause. 641. Consent to Be Tried by Less Than Twelve Jurors. 642. Sequestration of Trial Jurors. 643. View by Jury. 644. Note Taking by Jurors. 645. Seating and Discharge of Alternate Jurors. 646. Material Permitted in Possession of the Jury. 647. Request for Instructions, Charge to the Jury, and Preliminary Instructions. 648. Verdicts. 649. Sealed Verdict. CHAPTER 7. POST-TRIAL PROCEDURES IN
COURT CASES
Part A. Sentencing Procedures
700. Sentencing Judge. 701. Pleas of Guilty to Multiple Offenses. 702. Aids in Imposing Sentence. 703. Disclosure of Pre-Sentence Reports. 704. Procedure at Time of Sentencing. 705. Imposition of Sentence. 706. Fines or Costs. 707. Documents Transmitted to Prison. 708. Violation of Probation, Intermediate Punishment, or Parole: Hearing and Disposition. Part B. Post-Sentence Procedures
720. Post-Sentence Procedures; Appeal. 721. Procedures for Commonwealth Challenges to Sentencing; Appeals. 722. Contents of Order for Expungement. CHAPTER 8. SPECIAL RULES FOR CASES IN
WHICH DEATH SENTENCE IS AUTHORIZED
800. Applicability of Subchapter. 801. Notice of Aggravating Circumstances. 802. Guilty Plea Procedure. 803. Procedure When Jury Trial is Waived. 804. No Sealed Verdict. 805. Closing Arguments at Sentencing Hearing. 806. Sentencing Verdict Slip. 807. Form for Jury Sentencing Verdict Slip. 808. Form for Trial Judge Sentencing Verdict Slip. 809. Sentence. 810. Post-Sentence Motion. 811. First Degree Murder Review Form. CHAPTER 9. POST-CONVICTION
COLLATERAL PROCEEDINGS
900. Scope. 901. Initiation of Post-Conviction Collateral Proceedings. 902. Content of Petition for Post-Conviction Collateral Relief; Request for Discovery. 903. Docketing and Assignment. 904. Appointment of Counsel; In Forma Pauperis. 905. Amendment and Withdrawal of Petition for Post-Conviction Collateral Relief. 906. Answer to Petition for Post-Conviction Collateral Relief. 907. Disposition Without Hearing. 908. Hearing. 909. Procedures for Petitions in Death Penalty Cases: Hearing; Disposition. 910. Appeal. CHAPTER 10. RULES OF CRIMINAL
PROCEDURE FOR THE PHILADELPHIA
MUNICIPAL COURT
1000. Scope of Rules. 1001. Disposition of Criminal Cases--Philadelphia Municipal Court. 1002. Procedure in Summary Cases. 1003. Procedure in Non-Summary Municipal Court Cases. 1004. Arraignment Prior to Trial. 1005. Pretrial Applications for Relief. 1006. Notice of Right to Appeal or to Petition for Certiorari; Guilty Plea Challenge Procedure. 1007. Challenge to Guilty Plea. 1008. Contents of Notice of Appeal or Petition for Certiorari. 1009. Notice to Municipal Court Judge and Attorney for the Commonwealth of Appeal or of Petition for Certiorari. 1010. Procedure on Appeal. 1011. Bail. 1012. Recording and Transcribing Municipal Court Proceedings; Admissibility of Testimony at Trial De Novo. 1013. Prompt Trial--Municipal Court. CHAPTER 11. ABOLITIONS AND SUSPENSIONS.
1100. Abolition of Practice and Procedure Under Repealed Statutes. 1101. Suspension of Acts of Assembly. Proposed Correlative Rule Changes Rule [301] 106. Continuances in summary and court cases.
[(a)] (A) The court or issuing authority may, in the interests of justice, grant a continuance, [of] on its own motion, or on the motion of either party.
(B) When the matter is before an issuing authority, the issuing authority shall record on the transcript the identity of the moving party and the reasons for granting or denying the continuance. When the matter is in the court of common pleas, [The] the [court] judge shall on the record identify the moving party and state of record the [court's] reasons [justifying the] for granting or [denial of] denying the continuance.
[(b)] (C) A motion for continuance on behalf of the defendant shall be made not later than [forty-eight] 48 hours before the time set for the trial. A later motion shall be entertained only when the opportunity therefor did not previously exist, or the defendant was not aware of the grounds for the motion, or the interests of justice require it.
Official Note: Formerly Rule 301, [Adopted] adopted June 30, 1964, effective January 1, 1965; amended June 8, 1973, effective July 1, 1973; amended June 29, 1977 and through November 22, 1977, effective as to cases in which the indictment or information is filed on or after January 1, 1978; renumbered Rule 106 and amended ______ , effective ______ .
Committee Explanatory Reports:
Renumbered Rule 106:
Report explaining the reorganization of the rules and the provisions of Rule 106 published at 29 Pa.B. 1369 (March 13, 1999).
(This is an amalgamated rule, combining
Rules 90 and 150.)Rule 109. Defects in Form, Content, or Procedure.
A defendant shall not be discharged nor shall a case be dismissed because of a defect in the form or content of a complaint, citation, summons, or warrant, or a defect in the procedures of these rules, unless the defendant raises the defect before the conclusion of the trial in a summary case or before the conclusion of the preliminary hearing in a court case, and the defect is prejudicial to the rights of the defendant.
Official Note: Former Rule 90 adopted July 12, 1985, effective January 1, 1986; effective date extended to July 1, 1986. Former Rule 150, formed from former Rule 114 (Informal Defects), and former Rule 115 (Substantive Defects), both adopted June 30, 1964, effective January 1, 1965; suspended effective May 1, 1970; both revised January 31, 1970, effective May 1, 1970; combined, renumbered Rule 150 and amended September 18, 1973, effective January 1, 1974; amended April 8, 1982, effective July 1, 1982, Comment revised July 12, 1985, effective January 1, 1986; effective date extended to July 1, 1986. Rules 90 and 150 combined and renumbered Rule 109 ______, effective ______.
Comment:
This rule combines and replaces previous Rules 90 and 150.
This rule clarifies when a defendant should be discharged or a case dismissed because of a defect; it eliminates disputes as to what is an informal defect or a substantive defect. As a condition of relief regardless of whether the defect is in form, content, or procedure, the court or issuing authority must determine that there is actual prejudice to the rights of the defendant.
A complaint, citation, summons, or warrant may be amended at any time so as to remedy any defect in form or content that is not prejudicial to the rights of the defendant. Nothing in this rule shall prevent the filing of a new complaint or citation and the reissuance of process. Any new complaint or citation must be filed within the time permitted by the applicable statute of limitations.
Ordinarily, if a defendant does not raise a defect at the summary trial or before the conclusion of the preliminary hearing, the defendant cannot thereafter raise the defect as grounds for dismissal or discharge at a later stage in the proceedings. See Commonwealth v. Krall, 304 A.2d 488 (Pa. 1973). In a summary case, however, the provisions of this rule do not preclude a defendant from raising a defect for the first time after the summary trial when the interests of justice require it, as for example, when the defendant was not represented by counsel during the proceedings before the district justice or when the defendant could not reasonably have discovered the defect until after the conclusion of the summary trial.
Any defect properly raised under this rule shall be specifically described on the docket by the issuing authority. See Pa.R.Crim.P. 135.
If the issuing authority determines that a defect is prejudicial, it is intended that the decision recorded on the docket pursuant to Rule 135(b)(12) shall be ''discharge of the defendant'' or ''dismissal of the case,'' rather than ''not guilty.''
Committee Explanatory Reports:
Renumbered Rule 109:
Report explaining the reorganization of the rules and the provisions of Rule 109 published at 29 Pa.B. 1369 (March 13, 1999).
(This is an amalgamated rule, combining
Rules 27 and 328.)Rule 112. Publicity, Broadcasting, and Recording of Proceedings.
(A) The court or issuing authority shall:
(1) prohibit the taking of photographs or motion pictures of any judicial proceedings or in the hearing room or courtroom or its environs during the judicial proceedings; and
(2) prohibit the transmission of communications by telegraph, telephone, radio, or television from the hearing room or the courtroom or its environs during the progress of or in connection with any judicial proceedings, whether or not the court is actually in session.
The environs of the hearing room or courtroom is defined as the area immediately surrounding the entrances and exits to the hearing room or courtroom.
(B) The court or issuing authority may permit the taking of photographs or radio or television broadcasting of judicial proceedings, such as naturalization ceremonies or the swearing in of public officials, which may be conducted in the hearing room or courtroom.
(C) Except as provided in paragraph (D), the mechanical or electronic recording of any judicial proceedings by anyone other than the official court stenographer in a court case, for any purpose, is prohibited.
(D) In a judicial proceeding before an issuing authority, the issuing authority, the attorney for the Commonwealth, or the defendant may cause a recording to be made of the judicial proceeding as an aid to the preparation of the written record for subsequent use in a case, but such recordings shall not be publicly played or disseminated in any manner unless in a court during a trial or hearing.
(E) If it appears to the court or issuing authority that a violation of this rule has resulted in substantial prejudice to the defendant, the court or issuing authority, upon application by the attorney for the Commonwealth or the defendant, may:
(1) Quash the proceedings at the preliminary hearing and order another preliminary hearing to be held before the same issuing authority at a subsequent time without additional costs being taxed.
(2) Discharge the defendant on nominal bail if in custody, or continue the bail if at liberty, pending further proceedings.
(3) Order all costs of the issuing authority forfeited in the original proceedings.
(4) Adopt any, all, or combination of these remedies as the nature of the case requires in the interests of justice.
Official Note: Former Rule 27, previously Rule 143, adopted January 31, 1970, effective May 1, 1970; renumbered Rule 27 September 18, 1973, effective January 1, 1974; amended February 15, 1974, effective immediately; Comment revised March 22, 1989, effective July 1, 1989; amended June 19, 1996, effective July 1, 1996. Former Rule 328 adopted January 25, 1971, effective February 1, 1971; amended June 29, 1977 and November 22, 1977; effective as to cases in which the indictment or information is filed on or after January 1, 1978; Comment revised March 22, 1989, effective July 1, 1989. Rules 27 and 328 combined, renumbered Rule 112, and amended _____, effective _____.
Comment:
This rule combines and replaces Rules 27 and 328.
''Recording'' as used in this rule is not intended to preclude the use of recording devices for the preservation of testimony as permitted by Rules 500 and 501.
Committee Explanatory Reports:
Former Rule 27:
Final Report explaining the June 19, 1996 amendments to former Rule 27 published with the Court's Order at 26 Pa.B. 3128 (July 6, 1996).
Renumbered Rule 112:
Report explaining the reorganization of the rules and the provisions of Rule 112 published at 29 Pa.B. 1369 (March 13, 1999).
This rule is derived from former Rule 86(A),
(D)--(F), (H), (I).)Rule 460. Notice of Appeal.
(A) When an appeal is authorized by law in a summary proceeding, including a prosecution for violation of a municipal ordinance which provides for imprisonment upon conviction or upon failure to pay a fine, an appeal shall be perfected by filing a notice of appeal within 30 days after the conviction or other final order from which the appeal is taken. The notice of appeal shall be filed with the clerk of courts.
(B) The notice of appeal shall contain the following information:
(1) the name and address of the appellant;
(2) the name and address of the issuing authority who heard the case;
(3) the magisterial district number in which the case was heard;
(4) the name and mailing address of the affiant as shown on the complaint or citation;
(5) the date of the conviction or other final order from which the appeal is taken;
(6) the offense(s) of which convicted, if any;
(7) the sentence imposed, and if the sentence includes a fine, costs, or restitution, whether the amount due has been paid;
(8) the type or amount of bail or collateral furnished to the issuing authority, if any;
(9) the name and address of the attorney, if any, filing the notice of appeal; and
(10) except when the appeal is from a conviction, the grounds relied upon for appeal.
(C) Within 5 days after filing the notice of appeal, a copy shall be served either personally or by mail by the clerk of courts upon the issuing authority, the affiant, and the appellee or appellee's attorney, if any.
(D) The issuing authority shall, within 20 days after receipt of the notice of appeal, file with the clerk of courts:
(1) the transcript of the proceedings;
(2) the original complaint or citation;
(3) the summons or warrant of arrest, if any; and
(4) the bail bond, if any.
(E) This rule shall provide the exclusive means of appealing from a summary conviction. Courts of common pleas shall not issue writs of certiorari in such cases.
(F) This rule shall not apply to appeals from contempt adjudications.
Official Note: Formerly Rule 86, which replaced prior Rule 67 and was adopted July 12, 1985, effective January 1, 1986; revised September 23, 1985, effective January 1, 1986; the January 1, 1986 effective dates extended to July 1, 1986; amended February 2, 1989, effective March 1, 1989; amended March 22, 1993, effective January 1, 1994; amended October 28, 1994, effective as to cases instituted on or after January 1, 1995; amended February 27, 1995, effective July 1, 1995; amended October 1, 1997, effective October 1, 1998; paragraphs (A), (D), (E), (F), (H), and (I) renumbered Rule 460 and amended _____, effective _____.
Comment:
This rule is derived from former Rule 86(A), (D), (E), (F), (H), and (I).
This rule applies to appeals in all summary proceedings, including prosecutions for violations of municipal ordinances which provide for the possibility of imprisonment, and default hearings.
Appeals from contempt adjudications are governed by Rule 141.
The narrow holding in City of Easton v. Marra, 326 A.2d 637 (Pa. Super. 1974), is not in conflict, since the record before the court did not indicate that imprisonment was possible under the ordinance there in question.
When the only issues on appeal arise solely from an issuing authority's determination after a default hearing pursuant to Rule 456, the matter must be heard de novo by the appropriate judge of the court of common pleas and only those issues arising from the default hearing are to be considered. It is not intended to reopen other issues not properly preserved for appeal. A determination after a default hearing would be a final order for purposes of these rules.
Rule 462(D) provides for the dismissal of an appeal when the defendant fails to appear for the trial de novo.
Certiorari was abolished by the Criminal Rules in 1973 pursuant to Article V Schedule Section 26 of the Constitution of Pennsylvania, which specifically empowers the Supreme Court of Pennsylvania to do so by rule. This Schedule section is still viable, and the substance of this Schedule section has also been included in the Judicial Code, 42 Pa.C.S. § 934. The abolition of certiorari continues with this rule.
Committee Explanatory Reports:
Former Rule 86:
Final Report explaining the March 22, 1993 amendments to former Rule 86 published with the Court's Order at 23 Pa.B. 1699 (April 10, 1993).
Final Report explaining the October 28, 1994 amendments to former Rule 86 published with the Court's Order at 24 Pa.B. 5843 (November 26, 1994).
Final Report explaining the February 27, 1995 amendments to former Rule 86 published with the Court's Order at 25 Pa.B. 935 (March 18, 1995).
Final Report explaining the October 1, 1997 amendments to former Rule 86 published with the Court's Order at 27 Pa.B. 5408 (October 18, 1997).
Renumbered Rule 460:
Report explaining the reorganization of the rules and the provisions of Rule 460 published at 29 Pa.B. 1369 (March 13, 1999).
(This rule is derived from Rule 86(B) and (C).)
Rule 461. Stays.
(A) In all summary cases in which a sentence of imprisonment has been imposed, execution of sentence shall be stayed until the time for appeal expires.
(B) In any summary case in which a notice of appeal is filed, the execution of sentence shall be stayed.
(C) Whenever the execution of sentence is stayed pursuant to this rule, the issuing authority may set collateral.
(D) During the 30-day appeal period, failure to pay fines and costs, or restitution, shall not be grounds for imprisonment, and shall not be grounds to preclude the taking of an appeal.
Official Note: Formerly Rule 86(B) and (C), adopted October 1, 1997, effective October 1, 1998; paragraphs (B) and (C) renumbered Rule 461 and amended _____, effective _____.
[Continued on next Web Page] _______
1 For purposes of this Report, the Committee has included only the text of the rules that would be amended, not all the rules as renumbered.
[Continued from previous Web Page] Comment:
This rule is derived from Rule 86(B) and (C).
Under paragraph (B), the stay applies to all ''sentences'' imposed after conviction, including sentences of imprisonment, fines and costs, or restitution, and sentences of imprisonment for defaults in payment pursuant to Rule 456.
Committee Explanatory Reports:
Former Rule 86(B) and (C):
Final Report explaining the October 1, 1997 addition of paragraphs (B) and (C) to Rule 86 published with the Court's Order at 27 Pa.B. 5408 (October 18, 1997).
Renumbered Rule 461:
Report explaining the reorganization of the rules and the provisions of Rule 461 published at 29 Pa.B. 1369 (March 13, 1999).
(This rule is derived from Rules 86(G), and 1117(c).)
Rule 462. Trial De Novo.
(A) When a defendant appeals after conviction by an issuing authority in any summary proceeding, upon the filing of the transcript and other papers by the issuing authority, the case shall be heard de novo by the judge of the court of common pleas sitting without a jury.
(B) The attorney for the Commonwealth may appear and assume charge of the prosecution. When the violation of an ordinance of a municipality is charged, an attorney representing that municipality, with the consent of the attorney for the Commonwealth, may appear and assume charge of the prosecution. When no attorney appears on behalf of the Commonwealth, the affiant may be permitted to ask questions of any witness who testifies.
(C) In appeals from summary proceedings arising under the Vehicle Code or local traffic ordinances, other than parking offenses, the law enforcement officer who observed the alleged offense must appear and testify. Unless the presence of the law enforcement officer is waived in open court by the defendant, the failure of the officer to appear and testify shall result in a dismissal of the charges.
(D) If the defendant fails to appear, the trial judge may dismiss the appeal and enter judgment in the court of common pleas on the judgment of the issuing authority.
(E) If the defendant withdraws the appeal, the trial judge shall enter judgment in the court of common pleas on the judgment of the issuing authority.
(F) The verdict and sentence, if any, shall be announced in open court immediately upon the conclusion of the trial.
(G) At the time of sentencing, the trial judge shall:
(1) if the defendant's sentence includes restitution, a fine, or costs, state the date on which payment is due. If the defendant is without the financial means to pay the amount in a single remittance, the trial judge may provide for installment payments and shall state the date on which each installment is due;
(2) advise the defendant of the right to appeal to the Superior Court within 30 days, and that, if an appeal is filed, the execution of sentence will be stayed and the trial judge may set bail;
(3) if a sentence of imprisonment has been imposed, direct the defendant to appear for the execution of sentence on a date certain unless the defendant files a notice of appeal within the 30-day period; and
(4) issue a written order imposing sentence, signed by the trial judge. The order shall include the information specified in paragraphs (G)(1) through (G)(3), and a copy of the order shall be given to the defendant.
Official Note: Former Rule 86 adopted July 12, 1985, effective January 1, 1986; revised September 23, 1985, effective January 1, 1986; the January 1, 1986 effective dates extended to July 1, 1986; amended February 2, 1989, effective March 1, 1989; amended March 22, 1993, effective January 1, 1994; amended October 28, 1994, effective as to cases instituted on or after January 1, 1995; amended February 27, 1995, effective July 1, 1995; amended October 1, 1997, effective October 1, 1998. Former Rule 1117 adopted January 24, 1968, effective August 1, 1968; amended October 28, 1994, effective as to cases instituted on or after January 1, 1995. Former Rules 86(G), and 1117(c) combined, renumbered Rule 462, and amended _____, effective _____.
Comment:
This rule is derived from former Rule 86(G), and former Rule 1117(c).
The procedures for conducting the trial de novo in the court of common pleas set forth in paragraphs (B), (F), and (G) are comparable to the summary case trial procedures in Rule 454 (Trial in Summary Cases).
Pursuant to paragraph (B), the decision whether to appear and assume control of the prosecution of the trial de novo is solely within the discretion of the attorney for the Commonwealth. When no attorney appears at the trial de novo on behalf of the Commonwealth or a municipality, the trial judge may ask questions of any witness who testifies, and the affiant may request the trial judge to ask specific questions. In the appropriate circumstances, the trial judge may also permit the affiant to question Commonwealth witnesses, cross-examine defense witnesses, and make recommendations about the case to the trial judge.
Paragraph (D) makes it clear that the trial judge may dismiss a summary case appeal when the judge determines that the defendant is absent without cause from the trial de novo. If the appeal is dismissed, the trial judge should enter judgment and order execution of any sentence imposed by the issuing authority.
Committee Explanatory Reports:
Former Rule 86:
Final Report explaining the March 22, 1993 amendments to former Rule 86 published with the Court's Order at 23 Pa.B. 1699 (April 10, 1993).
Final Report explaining the October 28, 1994 amendments to former Rule 86 published with the Court's Order at 24 Pa.B. 5843 (November 26, 1994).
Final Report explaining the February 27, 1995 amendments to former Rule 86 published with the Court's Order at 25 Pa.B. 935 (March 18, 1995).
Final Report explaining the October 1, 1997 amendments to former Rule 86 concerning stays published with the Court's Order at 27 Pa.B. 5408 (October 18, 1997).
Former Rule 1117:
Final Report explaining the October 28, 1994 amendments to former Rule 1117 published with the Court's Order at 24 Pa.B. 5841 (November 26, 1994).
Renumbered Rule 462:
Report explaining the reorganization of the rules and the provisions of Rule 462 published at 29 Pa.B. 1369 (March 13, 1999).
Rule [1117] 602. Presence of the Defendant.
[(a)] (A) * * *
[(b)] (B) * * *
[(c) In a summary case appealed for a trial de novo, if the defendant fails to appear as required by Rule 86, the trial judge may dismiss the appeal and enter judgment in the court of common pleas on the judgment of the issuing authority.]
Official Note: Formerly Rule 1117, [Adopted] adopted January 24, 1968, effective August 1, 1968; amended October 28, 1994, effective as to cases instituted on or after January 1, 1995[.] ; renumbered Rule 602 and amended _____, effective _____.
Comment:
[Paragraph] Former Rule 1117(c) was moved to Rule 462 (Trial de novo) in 1999 as part of the reorganization of the rules. [added in 1994 to make it clear that the trial judge may dismiss a summary case appeal when the judge determines that the defendant is absent without cause from the trial de novo. If the appeal is dismissed, the trial judge should enter judgment and order execution of any sentence imposed by the issuing authority.]
Committee Explanatory Reports:
Former Rule 1117:
Final Report explaining the October 28, 1994 amendments to former Rule 1117 published with the Court's Order at 24 Pa.B. 5841 (November 26, 1994).
Renumbered Rule 602:
Report explaining the reorganization of the rules and the provisions of Rule 602 published at 29 Pa.B. 1369 (March 13, 1999).
Rule [1108] 633. Examination and Challenges of Alternate Trial Jurors.
[(a)] (A) The trial judge may direct that a reasonable even number of jurors in addition to the principal jurors be called and impanelled to sit as alternate jurors. [Alternate jurors in the order in which they are called shall replace principal jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. An alternate juror who does not replace a principal juror shall be discharged before the jury retires to consider its verdict.]
[(b)] (B) * * *
[(c)] (C) * * *
Official Note: Formerly Rule 1108, [Adopted] adopted January 24, 1968, effective August 1, 1968; amended June 30, 1975, effective September 28, 1975; amended July 1, 1980, effective August 1, 1980[.] ; renumbered Rule 633 and amended _____, effective _____.
Comment:
Paragraph [(b)] (B) of this rule sets forth the number of peremptory challenges for the selection of alternate trial jurors and is intended to replace the Act of May 1, 1935, P. L. 127, No. 50, 51, insofar as it applied to criminal trials. That Act was repealed by the Judiciary Act Repealer Act, [. Act of April 28, 1978, P. L. 202, No. 53, § 2(a);] 42 P. S. § 20002(a) [1156] [(1979)].
The number of peremptory challenges for the selection of principal trial jurors is governed by Rule [1126] 634. [The 1980 amendment to paragraph] Paragraph (B) [(b) is intended to reflect] reflects the different treatment, under Rule [1126] 634, of trials involving only one defendant and trials involving joint defendants.
Committee Explanatory Reports:
Renumbered Rule 633:
Report explaining the reorganization of the rules and the provisions of Rule 633 published at 29 Pa.B. 1369 (March 13, 1999).
(This rule is derived from Rule 1108(a).)
Rule 645. Seating and Discharge of Alternate Jurors.
(A) Alternate jurors, in the order in which they are called, shall replace principal jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties.
(B) An alternate juror who does not replace a principal juror shall be discharged before the jury retires to consider its verdict.
Official Note: Formerly Rule 1108, [Adopted] adopted January 24, 1968, effective August 1, 1968; amended June 30, 1975, effective September 28, 1975; amended July 1, 1980, effective August 1, 1980[.] ; renumbered Rule 645 and amended _____, effective _____.
Comment:
This rule is derived from the last two sentences of former Rule 1108(a). See Rule 633 for the procedures for the examination and challenges of alternate trial jurors.
Committee Explanatory Reports:
Renumbered Rule 645:
Report explaining the reorganization of the rules and the provisions of Rule 645 published at 29 Pa.B. 1369 (March 13, 1999).
(This is an amalgamated rule, combining Rules 39, 159, 340, 1415, and 2020.)
Rule 1101. Suspension of Acts of Assembly.
This rule provides for the suspension of the following Acts of Assembly, as follows:
(A) The Act of June 15, 1994, P. L. 273, No. 45, § 1, 42 Pa.C.S. §§ 4137, 4138, and 4139, which provides, inter alia, that any punishment imposed for contempt will be ''automatically stayed for a period of 10 days from the date of the imposition of the punishment during which time an appeal of the action'' of a district justice, a Pittsburgh Magistrates Court judge, or a Philadelphia Traffic Court judge ''may be filed with the court of common pleas of the judicial district,'' and which is implemented by Rules 140, 141, and 142, is suspended only insofar as the Act is inconsistent with the 30-day appeal period and 30-day automatic stay period set forth in Rule 141.
(B) The Act of April 29, 1959, P. L. 58, § 1209, 75 P. S. § 1209, repealed by Act of June 17, 1976, P. L. 162, No. 81, § 7 and replaced by Sections 6322, 6323, 6324, and 6325 of the Vehicle Code (75 Pa.C.S. §§ 6322--6325), are suspended insofar as these Sections are inconsistent with Rule 470.
(C) The Act of July 1, 1987, P. L. 180, No. 21, § 2, 42 Pa.C.S. § 1520, is suspended insofar as the Act is inconsistent with Rules 300, 301, 302, and Rules 310 through 320.
(D) The Public Defender Act, Act of December 2, 1968, P. L. 1144, No. 358, § 1 et seq. as amended through Act of December 10, 1974, P. L. 830, No. 277, § 1, 16 P. S. § 9960.1 et seq., is suspended only insofar as the Act is inconsistent with Rule 122.
(E) Section 5720 of the Wiretapping and Electronic Surveillance Control Act, Act of October 4, 1978, P. L. 831, No. 164, 18 Pa.C.S. § 5720, is suspended as inconsistent with Rule 573 only insofar as the Section may delay disclosure to a defendant seeking discovery under Rule 573B(1)(g); and Section 5721(b) of the Act, 18 Pa.C.S. § 5721(b), is suspended only insofar as the time frame for making a motion to suppress is concerned, as inconsistent with Rules 579 and 581.
(F) Sections 9731, 9732, 9733, 9734, 9735, 9736, 9751, 9752, and 9759 of the Sentencing Code, 42 Pa.C.S. §§ 9731, 9732, 9733, 9734, 9735, 9736, 9751, 9752, and 9759 are suspended as being inconsistent with the rules of Chapter 7.
(G) The Act of November 21, 1990, P. L. 588, No. 138, § 1, 42 Pa.C.S. § 8934, which authorizes the sealing of search warrant affidavits, and which is implemented by Rule 212, is suspended only insofar as the Act is inconsistent with Rules 205, 206, and 211.
Official Note: Former Rule 39 adopted October 1, 1997, effective October 1, 1998. Former Rule 159 adopted September 18, 1973, effective January 1, 1974; amended January 28, 1983, effective July 1, 1983; amended February 1, 1989, effective July 1, 1989; amended April 10, 1989, effective July 1, 1989; amended January 31, 1991, effective July 1, 1991. Former Rule 340 combined previous Rules 321 and 322, which were the prior suspension rules, and was adopted June 29, 1977, effective September 1, 1977; amended April 24, 1981, effective June 1, 1981; amended January 28, 1983, effective July 1, 1983. Former Rule 1415 adopted July 23, 1973, effective 90 days hence; paragraph (g) added March 21, 1975, effective March 31, 1975; amended August 14, 1995, effective January 1, 1996. Former Rule 2020 adopted September 3, 1993, effective January 1, 1994. Former Rules 39, 159, 340, 1415, and 2020 combined, renumbered Rule 1101, and amended _____, effective _____.
Comment:
This rule is derived from former Rules 39, 159, 340, 1415, and 2020, the rules previously providing for the suspension of legislation.
Committee Explanatory Reports:
Former Rule 39:
Final Report explaining the provisions of new Rule 39 published with the Court's Order at 27 Pa.B. 5401 (October 18, 1997).
Former Rule 159:
Report explaining the January 31, 1991 amendments to former Rule 159 published at 20 Pa.B. 4788 (September 15, 1990); Supplemental Report published at 21 Pa.B. 621 (February 16, 1991).
Former Rule 1415:
Final Report explaining the August 14, 1995 amendments to former Rule 1415 published with the Court's Order at 25 Pa.B. 3472 (August 26, 1995).
Former Rule 2020:
Report explaining the provisions of former Rule 2020 published at 21 Pa.B. 3681 (August 17, 1991).
Renumbered Rule 1101:
Report explaining the reorganization of the rules and the provisions of Rule 1101 published at 29 Pa.B. 1369 (March 13, 1999).
Report Proposed Reorganization of the Rules of Criminal Procedure, and Correlative Amendments The Committee is proposing that the Rules of Criminal Procedure be reorganized and renumbered so the rules are presented in a more logical order, which will make the rules easier to follow to the conclusion of a criminal proceeding.
Introduction
The impetus for this proposal stems from the Committee's history of the development of the Criminal Rules. From the Committee's inception, as it was developing statewide uniform procedures for criminal cases, in an effort to get rules in place in a timely fashion, the Committee was recommending blocks of new rules related to similar topics, rather than all the rules as a total package. As new segments were recommended, the new rules were not always integrated into the existing rules in an orderly manner, but rather were ''fitted in'' where there was room, so that, for example, the search warrant rules follow the sentencing rules, although they more logically belong at the beginning of the process. Over the years, the Committee has been frequently reminded of the illogic in the organization of some of the rules as it worked on rule projects. To address this organizational problem, when the opportunity has presented itself, albeit in a piecemeal fashion, the Committee has undertaken the reorganization of groups of rules within specific Chapters.3
In our ongoing monitoring of all aspects of the criminal justice system, the Committee has been aware that, while the people who are presently involved with the criminal justice system on a regular basis are, for the most part, familiar with organization of the rules and are comfortable working with the current organization, there are numerous other individuals who are not regularly involved in the criminal justice system, and therefore are unfamiliar with the present organization of the rules, as well as new people who regularly become involved with the criminal justice system,4 and all these people encounter difficulties in working with the rules and moving cases through the system. The Committee also noted that, even for people who are regularly involved with criminal procedures, there are occasions when unfamiliar issues arise, and, because of the illogical order of the rules, a familiarity with the present organization does not always eliminate the difficulty they have in finding the relevant rules that address these unfamiliar issues.
No longer satisfied with the piecemeal approach to reorganization that has been the process in the past, the Committee agreed that the criminal justice system as a whole would be benefitted by the reorganization of all the rules in a logical progression that more closely mirrors the progression of a case through the system. We believe that the recommended changes will not significantly affect those who work with the rules on a daily basis, and will simplify the procedures for new people and others who less frequently come in contact with the criminal justice system.5
Discussion
Using the ''Table of Rules'' as a starting point, the Committee initially considered reorganizing the rules into four chapters: General Provisions, Summary Case Rules, Court Case Rules, and Municipal Court Rules, with the rules in each chapter preceded by the number of the chapter and a hyphen. However, after working with this format, the Committee thought it was too limiting and less informative than the present chapter system, and concluded that the organization would be clearer and the rules easier to use if they continued to be separated into multiple chapters, each covering a separate category of procedures.
The reorganization the members settled on has eleven chapters, starting with Chapter 1. The rules are numbered starting with 100, leaving some ''gaps'' in the numbers to allow for future growth. Within some chapters are subdivisions or Parts, similar to the subdivisions in the current rules, and, whenever possible, the rule numbering within each Part of a chapter starts with a different series of numbers, except in those cases in which the Parts are interrelated.
In addition to the overall reorganization, there are a number of organizational rule changes that are described below in Part II. These rule changes include the proposed ''new'' rules that the Committee has developed by combining or separating existing rules. These rules are ''new'' only in the sense that they have not been previously combined or separated. There are no substantive changes. See, e.g., ''new'' Rule 109, combining former Rules 90 and 150, and ''new'' Rules 633 and 645, separating former Rule 1108. There are also a few rules marked (Reserved). These ''reserved'' rules cover substantive areas that have no counterpart in the current rules. These are procedural areas that the Committee may consider at a future time.
I. Reorganization6
(1) New Chapter 1 (General Provisions) covers all the procedures that apply generally to all cases, or at all stages of the proceedings, and includes the following current rules:
(a) Rules 1 through 6;
(b) Rule 301 (Continuances) made applicable to both summary and court cases;
(c) Rule 9016 (Contents of Subpoena);
(d) Rule 1701 (Habeas Corpus Venue);
(e) Rules 302, 316, 317, and 318 governing the procedures relating to counsel, and a possible new rule governing in forma pauperis proceedings;7
(f) Rules 27, 326, 327, and 328 that address the procedures related to public comment, publicity, and broadcasting, with Rules 27 and 328 combined into one rule applicable to all cases;
(g) the rules in Chapters 20 and 30;
(h) Rules 90 and 150 governing defects in form, content, or procedure in summary and court cases, combined into one rule applicable to all cases;
(i) Rules 9024 and 9025 concerning notices; and
(j) Rule 9030 concerning recording and transcribing court proceedings.
(2) New Chapter 2 (Investigations) is divided into two Parts consisting of (1) the search warrant rules, current Chapter 2000, and (2) the investigating grand jury rules, current Chapter 200, Parts II and III. These rules have been moved up in the organization because these procedures could occur at anytime, including before a case is instituted.
(3) The ARD rules, Rules 160--186, continue to be separate, and have been moved into new Chapter 3 (Accelerated Rehabilitative Disposition).
(4) New Chapter 4 (Procedures in Summary Cases) incorporates former Chapter 50 governing all the proceedings in summary cases, and is broken into Parts comparable to the Parts in current Chapter 50. The following changes have been made:8
(a) Rule 95 concerning the institution of proceedings involving parking violations has been moved to the beginning of the chapter because this rule also covers the institution of proceedings.
(b) The summary arrest procedures have been joined together in Part D (Arrest Procedures in Summary Cases), with the order of the arrest with warrant and arrest without warrant rules switched, so the summary case rules are in the same order as the court case rules, see part (5)(b)(i) below.
(c) A separate new part, Part F, has been created to more clearly set forth the procedures for appeals for trial de novo. ''New'' rules have been created from Rules 83, 86, and 1117 that cover the notice of appeal, stays pending and during the appeal, and the trial de novo. The new trial de novo rule provides that the trial will continue to be conducted in the court of common pleas, and sets forth procedures for conducting the trial de novo that are comparable to the trial provisions of Rule 83, including a provision to make it clear that the attorney for the Commonwealth has the discretion of whether to appear for the trial de novo.
(5) New Chapter 5 (Pretrial Procedures in Court Cases) incorporates the following current rules:
(a) Rules 9015 and 9015A concerning preservation of testimony have been moved into this Chapter as Part A (Preservation of Testimony), because the procedures in these rules only apply to court cases, but are generally applicable to all stages of the proceedings in a court case.
(b) Rules 101--124 of current Chapter 100 (Procedure in Court Cases) have been moved into Part B (Instituting Proceedings), with the following changes:
(i) Rule 101 has been renamed ''Instituting Proceedings in Court Cases''; and
(ii) Rule 102 concerning warrantless arrests has been moved to Part B(3) (Arrest Procedures in Court Cases), and follows the arrest warrant rules.
(c) Current Chapter 4000 (Bail) has been moved to new Part C, with Rule 4009 concerning bail after the finding of guilt moved to follow Rule 4001 concerning bail before verdict. Rule 4017 concerning the detention of witnesses has been moved to follow Rule 4009, because the detention of witness rule goes to the issue of setting bail, albeit for witnesses. The divisions in current Chapter 4000 are retained in new Part C.
(d) Rules 140--151, the rules governing court case proceedings before issuing authorities, follow the bail section as Part D (Proceedings in Court Cases Before Issuing Authorities).
(e) Rules 224--229, 231, and 232 concerning the procedures related to informations have been moved to be Part E (Informations). Chronologically, an information is prepared after the case is held for court.
(f) Most of the rules in Chapter 300, except where noted otherwise, have been moved into Part F (Procedures Following Filing of Information), Part F(1) (Motion Procedures), and Part G (Plea Procedures). The rules from Chapter 300 and other rules have been reorganized in Part F as follows:
(i) Part F includes Rule 311 (Pretrial Conference), Rule 303 (Arraignment), Rule 304 (Bill of Particulars), and Rule 305 (Pretrial Discovery and Inspection).
(ii) Part F(1) includes Rules 305--310 concerning pretrial motions, Rules 9020, 9021, 9022, and 9023, which cover motions procedures generally, Rules 312--315 and 323--324, which deal with specific pretrial motions, and Rules 1127 (Joinder--Trial of Separate Indictments or Informations) and 1128 (Severance of Offenses or Defendants), which usually are implemented by a pretrial motion. In addition, Rule 323 (Suppression of Evidence) has been moved to follow Rule 310 (Disposition of Pretrial Motions) to make it more chronologically organized.
(iii) Part G includes Rules 319 (Pleas and Plea Agreements) and 320 (Withdrawal of Plea of Guilty).
(6) New Chapter 6 (Trial Procedures in Court Cases) includes the rules in Chapter 1100, which have been reorganized and modified as follows:
(a) Part A (General Provisions) includes those rules from Chapter 1100 that apply generally to all trials: Rule 1100 (Prompt Trial), Rules 1105 (Presence of Judge) and 1117 (Presence of the Defendant), 1115 (Exceptions), 1116 (Opening Statements and Closing Arguments), 1118 (Mistrial), 1124 (Challenges to Sufficiency of Evidence), 1124A (Challenges to Weight of Evidence), and 1125 (Motion for Judgment of Acquittal After Discharge of Jury);
(b) Part B (Non-Jury Procedures) sets forth the rules that govern non-jury trials, including Rule 1101 (Waiver of Jury Trial), Rule 1102 (Procedure When Jury Trial is Waived) and 1122 (Time for Court Action Following Non-Jury Trial); and
(c) Part C (Jury Procedures) sets forth the rules that govern jury trials, and is divided into two subparts: (1) impaneling the jury, Part C(1), which includes Rules 1106 (Examination and Challenges to Trial Jurors), 1107 (Juror Information Questionnaire), 1108 (Alternate Trial Jurors), 1128 (Number of Peremptory Challenges) and 1109 (Exhaustion of the Jury Panel); and (2) the conduct of the jury trial, Part C(2), which includes Rule 1103 (Consent to be Tried by Less Than Twelve Jurors), Rules 1110--1114, and Rules 1119--1121.
(i) Rule 1108 (Alternate Trial Jurors) has been broken into two rules. The provisions of Rule 1108 that govern the examination and selection of alternate trial jurors, ''new'' Rule 633, follow the juror information questionnaire rule. The second two sentences of Rule 1108(A) have been separated to form ''new'' Rule 645 (Seating and Discharge of Alternate Jurors). Rule 645 follows Rule 1113 (Note Taking by Jurors) to be chronologically more accurate.
(ii) Rule 1103 (Consent to be Tried by Less Than Twelve Jurors), which applies at anytime after the jury is sworn and before verdict, has been moved to follow present Rule 1110 (Swearing The Trial Jury to Hear the Case).
(7) New Chapter 7 (Post-Trial Procedures in Court Cases) incorporates current Chapter 1400. The Chapter is divided into two parts: (1) sentencing procedures, which includes Rules 1401--1409, and (2) post-sentence procedures, which includes Rules 1410--1411 and Rule 9017 (Contents of Order of Expungement). Rule 9017 was included here because an expungement request ordinarily would not occur until after sentencing.
(8) New Chapter 8 incorporates, without change, current Chapter 350 (Special Rules for Cases in Which the Death Sentence is Authorized). These rules have been moved to immediately precede the post-conviction collateral proceedings because they apply before post-conviction proceedings and are self-contained and impact on a narrow set of cases.
(9) New Chapter 9 incorporates, without change, current Chapter 1500 (Post-conviction Collateral Proceedings).
(10) New Chapter 10 incorporates, without change, current Chapter 6000 (Philadelphia Municipal Court).
(11) New Chapter 11 has no counterpart in the present rules, and includes all the suspension rules joined in one ''new'' rule, Rule 1101 (Suspension of Acts of Assembly), and Rule 9998 (Abolition of Practice and Procedure Under Repealed Statutes).
II. Rule Changes
In order to further the purpose of the reorganization, the Committee agreed that, in addition to renumbering all the rules within the scheme of the reorganization, some of the current rules would have to be amended, a few other rules would have to be combined into ''new'' rules, and still other rules would have to be divided into two or more separate rules. As noted previously, there are no substantive changes to these rules; the changes merely accommodate the overall reorganization of the rules.
The rule changes that are needed to accomplish the reorganization are described below.
(1) Rule 301 (Continuances) is renumbered Rule 106, and amended to make it applicable to both summary and court cases.
(2) ''New'' Rule 109 (Defects in Form, Content, or Procedure), combines Rules 90 and 150 into one rule, applicable to both summary and court cases.
(3) ''New'' Rule 112 (Publicity, Broadcasting, and Recording of Proceedings) combines Rules 27 and 328 into one rule, applicable to both summary and court cases. The Committee used Rule 27 as the basis for the ''new'' rule, and incorporated the provisions of Rule 328 governing ceremonial proceedings.
(4) There are three ''new'' rules governing summary appeals for a trial de novo that were developed from Rules 83 (Trial in Summary Cases), 86 (Appeals), and 1117 (Presence of the Defendant), as follows:
(a) ''new'' Rule 460 (Notice of Appeal) incorporates the provisions of Rule 86(A), (D), (E), (F), (H), and (I), and the Comment;
(b) ''new'' Rule 461 (Stays) incorporates the provisions of Rule 86(B) and the Comment; and
(c) ''new'' Rule 462 (Trial De Novo) incorporates provisions from Rules 86 and 1117, and implements trial procedures comparable to the procedures in Rule 83, as follows: paragraph (A) incorporates Rule 86(G); paragraph (B) follows the procedures set forth in Rule 83(B); paragraph (C) follows the procedures set forth in Rule 86(G); paragraph (D) is derived from Rule 1117(c); paragraph (E) is new to the rules, and addresses the situation when a defendant withdraws a summary appeal; and paragraphs (F) and (G) follow the procedures set forth in Rule 83(D) and (E). In addition, the first paragraph of the Comment has been added to emphasize that the attorney for the Commonwealth has the discretion whether to appear for the trial de novo. The last paragraph of the Comment is taken from the Rule 1117 Comment.
(5) Rule 1117 (Presence of the Defendant) is renumbered Rule 602, and amended by the deletion of paragraph (c) and the correlative paragraph from the Comment, which were moved to ''new'' Rule 462.
(6) Rule 1108 (Alternate Trial Jurors) is renumbered Rule 633 (Examination and Challenges of Alternate Trial Jurors), and amended by the deletion of the last two sentences of paragraph (A). These provisions, which address procedures at a later stage in the proceedings--the seating of alternate jurors during the trial and the discharge of alternate jurors when the jury retires to deliberate--have been moved to form ''new'' Rule 645 (Seating and Discharge of Alternate Jurors).
(7) ''New'' Rule 1101 (Suspension of Acts of Assembly) combines all the suspension rules, Rules 39, 159, 340, 1415, and 2020, into one rule.
AppendixPennsylvania Rules of Criminal Procedure Derivation Table New Rule Former Rule CHAPTER 1. GENERAL PROVISIONS
100. Scope of Rules. Former Rule 1 101. Purpose and Construction. Former Rule 2 102. Citing the Criminal Procedural Rules. Former Rule 4 Part A. Business of the Courts 103. Definitions. Former Rule 3 104. Design of Forms. Former Rule 5 105. Local Rules. Former Rule 6 106. Continuances In Summary and Court Cases. Former Rule 301 107. Contents of Subpoena. Former Rule 9016 108. Habeas Corpus Venue. Former Rule 1701 109. Defects in Form, Content, or Procedure. Former Rules 90, 150 110. Special Orders Governing Widely-Publicized or Sensational Cases. Former Rule 326 111. Public Discussion of Pending or Imminent Criminal Litigation by Court Personnel. Former Rule 327 112. Publicity, Broadcasting, and Recording of Proceedings. Former Rules 27, 328 113. Notice of Court Proceeding(s) Requiring Defendant's Presence. Former Rule 9024 114. Notice and Docketing of Orders. Former Rule 9025 115. Recording and Transcribing Court Proceedings. Former Rule 9030 Part B. Counsel
120. Attorneys--Appearances and Withdrawals. Former Rule 302 121. Waiver of Counsel. Former Rule 318 122. Assignment of Counsel. Former Rule 316 123. Application for the Assignment of Counsel. Former Rule 317 124. In Forma Pauperis. (Reserved) No Former Rule Part C. Venue, Location, And Recording of Proceedings Before Issuing Authority
130. Venue. Former Rule 21 131. Location of Proceedings Before Issuing Authority. Former Rule 22 132. Continuous Availability and Temporary Assignment of Issuing Authorities. Former Rule 23 133. Powers of Temporarily Assigned Issuing Authorities. Former Rule 24 134. Objections to Venue. Former Rule 25 135. Transcript of Proceedings Before Issuing Authority. Former Rule 26 Part D. Procedures Implementing 42 Pa.C.S. §§ 4137, 4138, And 4139: Criminal Contempt
Powers of District Justices, Judges of the Pittsburgh Magistrates Court, and Judges of
the Traffic Court of Philadelphia
140. Contempt Proceedings Before District Justices, Pittsburgh Magistrates Court Judges, and Philadelphia Traffic Court Judges. Former Rule 30 141. Appeals from Contempt Adjudications by District Justices, Pittsburgh Magistrates Court Judges, or Philadelphia Traffic Court Judges. Former Rule 31 142. Procedures Governing Defaults in Payment of Fine Imposed As Punishment for Contempt. Former Rule 32 CHAPTER 2. INVESTIGATIONS
Part A. Search Warrants
200. Who May Issue. Former Rule 2001 201. Purpose of Warrant. Former Rule 2002 202. Approval of Search Warrant Applications by Attorney for the Commonwealth--Local Option. Former Rule 2002A 203. Requirements for Issuance. Former Rule 2003 204. Person to Serve Warrant. Former Rule 2004 205. Contents of Search Warrant. Former Rule 2005 206. Contents of Application for Search Warrant. Former Rule 2006 207. Manner of Entry Into Premises. Former Rule 2007 208. Copy of Warrant; Receipt for Seized Property. Former Rule 2008 209. Return With Inventory. Former Rule 2009 210. Return of Papers to Clerk. Former Rule 2010 211. Sealing Search Warrant Affidavits. Former Rule 2011 Part B(1). Investigating Grand Juries
220. Motion and Order for Investigating Grand Jury. Former Rule 251 221. Summoning Investigating Grand Jurors. Former Rule 252 222. Composition and Organization of the Investigating Grand Jury. Former Rule 253 223. Administering Oath to Stenographer. Former Rule 255 224. Administering Oath to Court Personnel. Former Rule 256 225. Administering Oath to Grand Jury and Foreman. Former Rule 257 226. Charge to Investigating Grand Jury. Former Rule 258 227. Administering Oath to Witness. Former Rule 259 228. Recording of Proceedings Before Investigating Grand Jury. Former Rule 260 229. Control of Investigating Grand Jury Transcript/Evidence. Former Rule 261 230. Disclosure of Testimony Before Investigating Grand Jury. Former Rule 263 231. Who May Be Present During Session of an Investigating Grand Jury. Former Rule 264 B(2). Statewide or Regional Investigating Grand Juries
240. Applicability of Investigating Grand Jury Rules. Former Rule 270 241. Summoning Jurors for Statewide or Regional Investigating Grand Juries. Former Rule 271 242. Providing Prospective Jurors for Statewide or Regional Investigating Grand Juries. Former Rule 272 243. Location of Statewide or Regional Investigating Grand Juries. Former Rule 273 244. Venue. Former Rule 274 CHAPTER 3. ACCELERATED REHABILITATIVE DISPOSITION
Committee Introduction to Chapter 3. No Former Chapter # Part A. Summary Cases
300. Accelerated Rehabilitative Disposition in Summary Cases. Former Rule 160 301. Procedures for Accelerated Rehabilitative Disposition in Summary Cases Before the Minor Judiciary. Former Rule 161 302. Procedures for Accelerated Rehabilitative Disposition in Summary Cases in the Court of Common Pleas--Local Option. Former Rule 162 Part B. Court Cases
310. Motion for Accelerated Rehabilitative Disposition. Former Rule 176 311. Application Process and Notice of Motion by Attorney for the Commonwealth. Former Rule 177 312. Hearing, Explanation of Program. Former Rule 178 313. Hearing, Manner of Proceeding. Former Rule 179 314. Deferring Action Upon Admission to Program Before Information. Former Rule 180 315. Deferring Adjudication of the Charges Upon Admission to Program After Information. Former Rule 181 316. Conditions of the Program. Former Rule 182 317. Procedure Upon Refusal to Accept the Conditions. Former Rule 183 318. Procedure on Charge of Violation of Conditions. Former Rule 184 319. Procedure for Obtaining Order for Dismissal Upon Successful Completion of the Program. Former Rule 185 320. Expungement Upon Successful Completion of ARD Program. Former Rule 186 [Continued on next Web Page] _______
3 For example, in the early 1970s, the chapters dealing with preliminary proceedings and summary proceedings were reorganized by moving the summary case rules into a separate chapter. In 1985, after monitoring the application of Chapter 50 (Procedures in Summary Cases) and recognizing that there was confusion about the procedures, the Committee recommended the reorganization of the chapter. In 1994, the Committee recommended the reorganizatioin of Chapter 100 (Procedures in Court Cases). Finally, in 1995, to address continuing problems with the application of the bail rules in practice, the Committee recommended the reorganization of Chapter 4000 (Bail).
4 The newcomers to the system include, by way of example, not only lawyers, judges, and members of the minor judiciary, but also, law enforcement officials, court personnel, probation and parole officers, bail agencies, and private citizens.
5 Experience has demonstrated that, although each of the ''piecemeal'' chapter reorganizations and renumberings initially met with some resistance, the early concerns were unfounded, and that, by making the rules in the chapter easier to follow, these limited reorganizations have been beneficial for the individuals using the rules.
6 The rule numbers listed in this part of the discussion, unless otherwise indicated, refer to the current rules.
7 The Committee at a future meeting may consider developing a rule setting forth procedures for proceeding in forma pauperis.
8 The Committee at a future meeting may consider developing a new summary case motions rule. If one is developed, it would be added to the general procedures section, Part E of Chapter 4.
[Continued from previous Web Page] CHAPTER 4. PROCEDURES IN SUMMARY CASES
Committee Introduction to Chapter 4. Former Chapter 50 Part A. Instituting Proceedings
400. Means of Instituting Proceedings in Summary Cases. Former Rule 51 401. Means of Instituting Proceedings in Summary Cases Charging Parking Violations. Former Rule 95 Part B. Citation Procedures
402. Persons Who Shall Use Citations. Former Rule 52 403. Contents of Citation. Former Rule 53 Part B(1). Procedures When Citation Is Issued to Defendant
405. Issuance of Citation. Former Rule 55 406. Procedure Following Issuance of Citation. Former Rule 56 407. Pleas in Response to Citation. Former Rule 57 408. Not Guilty Pleas--Notice of Trial. Former Rule 58 409. Guilty Pleas. Former Rule 59 Part B(2). Procedures When Citation Filed
410. Filing of Citation. Former Rule 60 411. Procedures Following Filing of Citation--Issuance of Summons. Former Rule 61 412. Pleas in Response to Summons. Former Rule 62 413. Not Guilty Pleas--Notice of Trial. Former Rule 63 414. Guilty Pleas. Former Rule 64 Part C. Procedures in Summary Cases When Complaint Filed
420. Filing of Complaint. Former Rule 65 421. Procedure Following Filing of Complaint--Issuance of Summons. Former Rule 66 422. Pleas in Response to Summons. Former Rule 67 423. Not Guilty Pleas--Notice of Trial. Former Rule 68 424. Guilty Pleas. Former Rule 69 Part D. Arrest Procedures in Summary Cases Part D(1). Arrests With A Warrant
430. Issuance of Arrest Warrant. Former Rule 75 431. Procedure When Defendant Arrested With Warrant. Former Rule 76 Part D(2). Arrests Without A Warrant
440. Arrest Without Warrant. Former Rule 70 441. Procedure Following Arrest Without Warrant. Former Rule 71 Part E. General Procedures in Summary Cases
450. Motions. (Reserved) No Former Rule 451. Service. Former Rule 80 452. Collateral. Former Rule 81 453. Joinder of Offenses and Defendants. Former Rule 82 454. Trial in Summary Cases. Former Rule 83 455. Trial in Defendant's Absence. Former Rule 84 456. Default Procedures: Restitution, Fines, and Costs. Former Rule 85 457. Withdrawal of Charges in Summary Cases. Former Rule 87 458. Dismissal in Summary Cases Upon Satisfaction or Agreement. Former Rule 88 Part F. Procedures in Summary Cases for Appealing to Court of Common Pleas for a Trial De Novo
460. Notice of Appeal. Former Rule 86(A), (D), (E), (F), (H), (I) 461. Stays. Former Rule 86(B), (C) 462. Trial De Novo. Former Rules 86(G) and 1117(c) Part G. Special Procedures in Summary Cases Under the Vehicle Code
470. Procedures Related to License Suspension After Failure to Respond to Citation or Summons. Former Rule 91 471. Disposition Report. Former Rule 92 CHAPTER 5. PRETRIAL PROCEDURES IN COURT CASES Part A. Preservation of Testimony
500. Preservation of Testimony After Institution of Criminal Proceedings. Former Rule 9015 501. Preservation of Testimony by Videotape Recording. Former Rule 9015A Part B. Instituting Proceedings
502. Instituting Proceedings in Court Cases. Former Rule 101 Part B(1). Complaint Procedures
503. Complaint Procedures Generally. Former Rule 103 504. Contents of Complaint. Former Rule 104 505. Complaints: Joinder of Offenses and Defendants. Former Rule 105 506. Approval of Private Complaints. Former Rule 106 507. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth--Local Option. Former Rule 107 508. Procedure Following Submission of Complaint to Issuing Authority. Former Rule 108 509. Use of Summons or Warrant of Arrest in Court Cases. Former Rule 109 Part B(2). Summons Procedures
510. Contents of Summons; Time of Preliminary Hearing. Former Rule 110 511. Service of Summons. Former Rule 112 512. Procedure in Court Cases Following Issuance of Summons. Former Rule 113 Part B(3). Arrest Procedures in Court Cases (a) Arrest Warrants
513. Requirements for Issuance. Former Rule 119 514. Duplicate and Alias Warrants of Arrest. Former Rule 121 515. Execution of Arrest Warrant. Former Rule 122 516. Procedure in Court Cases When Warrant of Arrest Is Executed Within Judicial District of Issuance. Former Rule 123 517. Procedure in Court Cases When Warrant of Arrest Is Executed Outside Judicial District of Issuance. Former Rule 124 (b) Arrests Without Warrant
518. Procedure in Court Cases Initiated by Arrest Without Warrant. Former Rule 102 Part C. Bail
520. Bail Before Verdict. Former Rule 4001 521. Bail After Finding of Guilt. Former Rule 4009 522. Detention of Witnesses. Former Rule 4017 Part C(1). Release Procedures
523. Release Criteria. Former Rule 4002 524. Types of Release on Bail. Former Rule 4003 525. Bail Bond. Former Rule 4004 526. Conditions of Bail Bond. Former Rule 4005 527. Nonmonetary Conditions of Release on Bail. Former Rule 4006 528. Monetary Condition of Release on Bail. Former Rule 4007 529. Modification of Bail Order Prior to Verdict. Former Rule 4008 Part C(2). General Procedures in All Bail Cases
530. Duties and Powers of a Bail Agency. Former Rule 4010 531. Qualifications of Surety. Former Rule 4011 532. Substitution of Surety or Security. Former Rule 4012 533. Increased Amount of Monetary Condition of Bail. Former Rule 4013 534. Duration of Obligation. Former Rule 4014 535. Receipt for Deposit; Return of Deposit. Former Rule 4015 536. Procedures Upon Violation of Conditions: Revocation of Release and Forfeiture; Bail Pieces; Exoneration of Surety. Former Rule 4016 Part D. Proceedings in Court Cases Before Issuing Authorities
540. Preliminary Arraignment. Former Rule 140 541. Waiver of Preliminary Hearing. Former Rule 140A 542. Preliminary Hearing. Former Rule 141 543. Continuance of a Preliminary Hearing. Former Rule 142 544. Disposition of Case at Preliminary Hearing. Former Rule 143 545. Witnesses: Compulsory Process. Former Rule 144 546. Dismissal Upon Satisfaction or Agreement. Former Rule 145 547. Return of Transcript and Original Papers. Former Rule 146 548. Amendment of Transcript in Court Cases. Former Rule 147 549. Compelling Transmission of Papers by Issuing Authority. Former Rule 148 550. Pleas of Guilty Before District Justice in Court Cases. Former Rule 149 551. Withdrawal of Prosecution Before Issuing Authority. Former Rule 151 Part E. Informations
560. Information: Filing, Contents, Function. Former Rule 225 561. Withdrawal of Charges by Attorney for the Commonwealth. Former Rule 224 562. Copy of Information to Be Furnished Defendant. Former Rule 227 563. Joinder of Offenses in Information. Former Rule 228 564. Amendment of Information. Former Rule 229 565. Presentation of Information Without Preliminary Hearing. Former Rule 231 566. Application of Indictment Statutes to Information. Former Rule 232 Part F. Procedures Following Filing of Information
570. Pretrial Conference. Former Rule 311 571. Arraignment. Former Rule 303 572. Bill of Particulars. Former Rule 304 573. Pretrial Discovery and Inspection. Former Rule 305 Part F(1). Motion Procedures
574. Motions. Former Rule 9020 575. Answers. Former Rule 9021 576. Filing. Former Rule 9022 577. Service. Former Rule 9023 578. Omnibus Pretrial Motion for Relief. Former Rule 306 579. Time for Omnibus Pretrial Motion and Service. Former Rule 307 580. Disposition of Pretrial Motions. Former Rule 310 581. Suppression of Evidence. Former Rule 323 582. Joinder--Trial of Separate Indictments or Informations. Former Rule 1127 583. Severance of Offenses or Defendants. Former Rule 1128 584. Motion for Change of Venue or Change of Venire. Former Rule 312 585. Nolle Prosequi. Former Rule 313 586. Court Dismissal Upon Satisfaction or Agreement. Former Rule 314 587. Motion for Dismissal. Former Rule 315 588. Motion for Return of Property. Former Rule 324 Part G. Plea Procedures
590. Pleas and Plea Agreements. Former Rule 319 591. Withdrawal of Plea of Guilty. Former Rule 320 CHAPTER 6. TRIAL PROCEDURES IN COURT CASES
Part A. General Provisions
600. Prompt Trial. Former Rule 1100 601. Presence of Judge. Former Rule 1105 602. Presence of the Defendant. Former Rule 1117 603. Exceptions. Former Rule 1115 604. Opening Statements and Closing Arguments. Former Rule 1116 605. Mistrial. Former Rule 1118 606. Challenges to Sufficiency of Evidence. Former Rule 1124 607. Challenges to the Weight of the Evidence. Former Rule 1124A 608. Motion for Judgment of Acquittal After Discharge of Jury. Former Rule 1125 Part B. Non-Jury Procedures
620. Waiver of Jury Trial. Former Rule 1101 621. Procedure When Jury Trial Is Waived. Former Rule 1102 622. Time for Court Action Following Non-Jury Trial. Former Rule 1122 Part C. Jury Procedures
630. Juror Qualification Form, Lists of Trial Jurors, and Challenge to the Array. Former Rule 1104 Part C(1). Impaneling Jury
631. Examination and Challenges of Trial Jurors. Former Rule 1106 632. Juror Information Questionnaire. Former Rule 1107 633. Examination and Challenges of Alternate Trial Jurors. Former Rule 1108 634. Number of Peremptory Challenges. Former Rule 1126 635. Exhaustion of the Jury Panel. Former Rule 1109 Part C(2). Conduct of Jury Trial
640. Swearing the Trial Jury to Hear the Cause. Former Rule 1110 641. Consent to Be Tried by Less Than Twelve Jurors. Former Rule 1103 642. Sequestration of Trial Jurors. Former Rule 1111 643. View by Jury. Former Rule 1112 644. Note Taking by Jurors. Former Rule 1113 645. Seating and Discharge of Alternate Jurors. Former Rule 1108(a) 646. Material Permitted in Possession of the Jury. Former Rule 1114 647. Request for Instructions, Charge to the Jury, and Preliminary Instructions. Former Rule 1119 648. Verdicts. Former Rule 1120 649. Sealed Verdict. Former Rule 1121 CHAPTER 7. POST-TRIAL PROCEDURES IN COURT CASES
Part A. Sentencing Procedures
700. Sentencing Judge. Former Rule 1401 701. Pleas of Guilty to Multiple Offenses. Former Rule 1402 702. Aids in Imposing Sentence. Former Rule 1403 703. Disclosure of Pre-Sentence Reports. Former Rule 1404 704. Procedure at Time of Sentencing. Former Rule 1405 705. Imposition of Sentence. Former Rule 1406 706. Fines or Costs. Former Rule 1407 707. Documents Transmitted to Prison. Former Rule 1408 708. Violation of Probation, Intermediate Punishment, or Parole: Hearing and Disposition. Former Rule 1409 Part B. Post-sentence Procedures
720. Post-Sentence Procedures; Appeal. Former Rule 1410 721. Procedures for Commonwealth Challenges to Sentencing; Appeals. Former Rule 1411 722. Contents of Order for Expungement. Former Rule 9017 CHAPTER 8. SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED
800. Applicability of Subchapter. Former Rule 351 801. Notice of Aggravating Circumstances. Former Rule 352 802. Guilty Plea Procedure. Former Rule 353 803. Procedure When Jury Trial Is Waived. Former Rule 354 804. No Sealed Verdict. Former Rule 355 805. Closing Arguments at Sentencing Hearing. Former Rule 356 806. Sentencing Verdict Slip. Former Rule 357 807. Form for Jury Sentencing Verdict Slip. Former Rule 358A 808. Form for Trial Judge Sentencing Verdict Slip. Former Rule 358B 809. Sentence. Former Rule 359 810. Post-Sentence Motion. Former Rule 360 811. First Degree Murder Review Form. Former Rule 361 CHAPTER 9. POST-CONVICTION COLLATERAL PROCEEDINGS
900. Scope. Former Rule 1500 901. Initiation of Post-Conviction Collateral Proceedings. Former Rule 1501 902. Content of Petition for Post-Conviction Collateral Relief; Request for Discovery. Former Rule 1502 903. Docketing and Assignment. Former Rule 1503 904. Appointment of Counsel; In Forma Pauperis. Former Rule 1504 905. Amendment and Withdrawal of Petition for Post-Conviction Collateral Relief. Former Rule 1505 906. Answer to Petition for Post-Conviction Collateral Relief. Former Rule 1506 907. Disposition Without Hearing. Former Rule 1507 908. Hearing. Former Rule 1508 909. Procedures for Petitions in Death Penalty Cases: Hearing; Disposition. Former Rule 1509 910. Appeal. Former Rule 1510 CHAPTER 10. RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT
1000. Scope of Rules. Former Rule 6000 1001. Disposition of Criminal Cases--Philadelphia Municipal Court. Former Rule 6001 1002. Procedure in Summary Cases. Former Rule 6002 1003. Procedure in Non-Summary Municipal Court Cases. Former Rule 6003 1004. Arraignment Prior to Trial. Former Rule 6004 1005. Pretrial Applications for Relief. Former Rule 6005 1006. Notice of Right to Appeal or to Petition for Certiorari; Guilty Plea Challenge Procedure. Former Rule 6006 1007. Challenge to Guilty Plea. Former Rule 6007 1008. Contents of Notice of Appeal or Petition for Certiorari. Former Rule 6008 1009. Notice to Municipal Court Judge and Attorney for the Commonwealth of Appeal or of Petition for Certiorari. Former Rule 6009 1010. Procedure on Appeal. Former Rule 6010 1011. Bail. Former Rule 6011 1012. Recording and Transcribing Municipal Court Proceedings; Admissibility of Testimony at Trial De Novo. Former Rule 6012 1013. Prompt Trial--Municipal Court. Former Rule 6013 CHAPTER 11. ABOLITIONS AND SUSPENSIONS
1100. Abolition of Practice and Procedure Under Repealed Statutes. Former Rule 9998 1101. Suspension of Acts of Assembly. Former Rules 39, 159, 340, 1415, 2020 Disposition Table Current Rule New Rule CHAPTER 1. SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES
1. Scope of Rules. New Rule 100 2. Purpose and Construction. New Rule 101 3. Definitions. New Rule 103 4. Citing the Criminal Procedural Rules. New Rule 102 5. Design of Forms. New Rule 104 6. Local Rules. New Rule 105 CHAPTER 20. ISSUING AUTHORITIES: VENUE, LOCATION, AND RECORDING OF PROCEEDINGS
21. Venue. New Rule 130 22. Location of Proceedings Before Issuing Authority. New Rule 131 23. Continuous Availability and Temporary Assignment of Issuing Authorities. New Rule 132 24. Powers of Temporarily Assigned Issuing Authorities. New Rule 133 25. Objections to Venue. New Rule 134 26. Transcript of Proceedings Before Issuing Authority. New Rule 135 27. Publicity and Recording of Proceedings. New Rule 112 CHAPTER 30. PROCEDURES IMPLEMENTING 42 PA.C.S. §§ 4137, 4138, AND 4139: CRIMINAL
CONTEMPT POWERS OF DISTRICT JUSTICES, JUDGES OF THE PITTSBURGH MAGISTRATES
COURT, AND JUDGES OF THE TRAFFIC COURT OF PHILADELPHIA
30. Contempt Proceedings Before District Justices, Pittsburgh Magistrates Court Judges, and Philadelphia Traffic Court Judges. New Rule 140 31. Appeals from Contempt Adjudications by District Justices, Pittsburgh Magistrates Court Judges, or Philadelphia Traffic Court Judges. New Rule 141 32. Procedures Governing Defaults in Payment of Fine Imposed As Punishment for Contempt. New Rule 142 39. Suspension of Acts of Assembly--Chapter 30. New Rule 1101 CHAPTER 50. PROCEDURE IN SUMMARY CASES
Committee Introduction to Chapter 50 New Chapter 4 Part I: Instituting Proceedings
51. Means of Instituting Proceedings in Summary Cases. New Rule 400 Part II. Citation Procedures
52. Persons Who Shall Use Citations. New Rule 402 53. Contents of Citation. New Rule 403 Part IIA: Procedures When Citation Is Issued To Defendant
55. Issuance of Citation. New Rule 405 56. Procedure Following Issuance of Citation. New Rule 406 57. Pleas in Response to Citation. New Rule 407 58. Not Guilty Pleas--Notice of Trial. New Rule 408 59. Guilty Pleas. New Rule 409 Part IIB: Procedures When Citation Filed
60. Filing of Citation. New Rule 410 61. Procedures Following Filing of Citation--Issuance of Summons. New Rule 411 62. Pleas in Response to Summons. New Rule 412 63. Not Guilty Pleas--Notice of Trial. New Rule 413 64. Guilty Pleas. New Rule 414 Part III: Procedures in Summary Cases When Complaint Filed
65. Filing of Complaint. New Rule 420 66. Procedure Following Filing of Complaint--Issuance of Summons. New Rule 421 67. Pleas in Response to Summons. New Rule 422 68. Not Guilty Pleas--Notice of Trial. New Rule 423 69. Guilty Pleas. New Rule 424 Part IV: Procedures in Summary Cases When Defendant Is Arrested Without Warrant
70. Arrest Without Warrant. New Rule 440 71. Procedure Following Arrest Without Warrant. New Rule 441 Part V: Procedures Regarding Arrest Warrants in Summary Cases
75. Issuance of Arrest Warrant. New Rule 430 76. Procedure When Defendant Arrested With Warrant. New Rule 431 Part VI: General Procedures in Summary Cases
80. Service. New Rule 451 81. Collateral. New Rule 452 82. Joinder of Offenses and Defendants. New Rule 453 83. Trial in Summary Cases. New Rule 454 84. Trial in Defendant's Absence. New Rule 455 85. Default Procedures: Restitution Fines, and Costs. New Rule 456 86. Appeals From Summary Judgments. New Rules 460, 461, and 462 87. Withdrawal of Charges in Summary Cases. New Rule 457 88. Dismissal in Summary Cases Upon Satisfaction or Agreement. New Rule 458 90. Defects in Form, Content, or Procedure--Summary Cases. New Rule 109 Part VII: Special Procedures in Summary Cases Under the Vehicle Code
91. Procedures Related to License Suspension After Failure to Respond to Citation or Summons. New Rule 470 92. Disposition Report. New Rule 471 Part VIII: Procedures in Summary Cases Charging Parking Violations
95. Proceedings in Summary Cases Charging Parking Violations. New Rule 401 CHAPTER 100. PROCEDURE IN COURT CASES
Part I: Instituting Proceedings
101. Means of Instituting Proceedings in Court Cases. New Rule 502 102. Procedure in Court Cases Initiated by Arrest Without Warrant. New Rule 518 Part II: Complaint Procedures
103. Complaint Procedures Generally. New Rule 503 104. Contents of Complaint. New Rule 504 105. Complaints: Joinder of Offenses and Defendants. New Rule 505 106. Approval of Private Complaints. New Rule 506 107. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth--Local Option. New Rule 507 108. Procedure Following Submission of Complaint to Issuing Authority. New Rule 508 Part III: Summons and Arrest Warrant Procedures in Court Cases
109. General Rule: Use of Summons or Warrant of Arrest in Court Cases. New Rule 509 Part A. Summons Procedures
110. Contents of Summons; Time of Preliminary Hearing. New Rule 510 112. Service of Summons. New Rule 511 113. Procedure in Court Cases Following Issuance of Summons. New Rule 512 Part B. Arrest Warrant Procedures
119. Requirements for Issuance. New Rule 513 121. Duplicate and Alias Warrants of Arrest. New Rule 514 122. Execution of Arrest Warrant. New Rule 515 123. Procedure in Court Cases When Warrant of Arrest Is Executed Within Judicial District of Issuance. New Rule 516 124. Procedure in Court Cases When Warrant of Arrest Is Executed Outside Judicial District of Issuance. New Rule 517 Part IV: Proceedings Before Issuing Authorities
140. Preliminary Arraignment. New Rule 540 140A. Waiver of Preliminary Hearing. New Rule 541 141. Preliminary Hearing. New Rule 542 142. Continuance of a Preliminary Hearing. New Rule 543 143. Disposition of Case at Preliminary Hearing. New Rule 544 144. Witnesses: Compulsory Process. New Rule 545 145. Dismissal Upon Satisfaction or Agreement. New Rule 546 146. Return of Transcript and Original Papers. New Rule 547 147. Amendment of Transcript in Court Cases. New Rule 548 148. Compelling Transmission of Papers by Issuing Authority. New Rule 549 149. Pleas of Guilty Before District Justice in Court Cases. New Rule 550 Part V: Miscellaneous
150. Defects in Form, Content, or Procedure--Court Cases. New Rule 109 151. Withdrawal of Prosecution Before Issuing Authority. New Rule 551 159. Suspension of Acts of Assembly--Chapters 50 and 100. New Rule 1101 [Continued on next Web Page]
[Continued from previous Web Page] ACCELERATED REHABILITATIVE DISPOSITION
Committee Introduction. New Chapter 3 Accelerated Rehabilitative Disposition--Summary Cases
160. Accelerated Rehabilitative Disposition in Summary Cases. New Rule 300 161. Procedures for Accelerated Rehabilitative Disposition in Summary Cases Before the Minor Judiciary. New Rule 301 162. Procedures for Accelerated Rehabilitative Disposition in Summary Cases in the Court of Common Pleas--Local Option. New Rule 302 Accelerated Rehabilitative Disposition--Court Cases
176. Motion for Accelerated Rehabilitative Disposition. New Rule 310 177. Application Process and Notice of Motion by Attorney for the Commonwealth. New Rule 311 178. Hearing, Explanation of Program. New Rule 312 179. Hearing, Manner of Proceeding. New Rule 313 180. Deferring Action Upon Admission to Program Before Information. New Rule 314 181. Deferring Adjudication of the Charges Upon Admission to Program After Information. New Rule 315 182. Conditions of the Program. New Rule 316 183. Procedure Upon Refusal to Accept the Conditions. New Rule 317 184. Procedure on Charge of Violation of Conditions. New Rule 318 185. Procedure for Obtaining Order for Dismissal Upon Successful Completion of the Program. New Rule 319 186. Expungement Upon Successful Completion of ARD Program. New Rule 320 CHAPTER 200. INFORMATIONS AND INVESTIGATING GRAND JURIES
224. Withdrawal of Charges by Attorney for the Commonwealth. New Rule 561 Part I: Informations
225. Information: Filing, Contents, Function. New Rule 560 227. Copy of Information to Be Furnished Defendant. New Rule 562 228. Joinder of Offenses in Information. New Rule 563 229. Amendment of Information. New Rule 564 231. Presentation of Information Without Preliminary Hearing. New Rule 565 232. Application of Indictment Statutes to Information. New Rule 566 Part II: Investigating Grand Juries
251. Motion and Order for Investigating Grand Jury. New Rule 220 252. Summoning Investigating Grand Jurors. New Rule 221 253. Composition and Organization of the Investigating Grand Jury. New Rule 222 255. Administering Oath to Stenographer. New Rule 223 256. Administering Oath to Court Personnel. New Rule 224 257. Administering Oath to Grand Jury and Foreman. New Rule 225 258. Charge to Investigating Grand Jury. New Rule 226 259. Administering Oath to Witness. New Rule 227 260. Recording of Proceedings Before Investigating Grand Jury. New Rule 228 261. Control of Investigating Grand Jury Transcript/Evidence. New Rule 229 263. Disclosure of Testimony Before Investigating Grand Jury. New Rule 230 264. Who May Be Present During Session of an Investigating Grand Jury. New Rule 231 Part III: Statewide or Regional Investigating Grand Juries
270. Applicability of Investigating Grand Jury Rules. New Rule 240 271. Summoning Jurors for Statewide or Regional Investigating Grand Juries. New Rule 241 272. Providing Prospective Jurors for Statewide or Regional Investigating Grand Juries. New Rule 242 273. Location of Statewide or Regional Investigating Grand Juries. New Rule 243 274. Venue. New Rule 244 CHAPTER 300. PRETRIAL PROCEDURES
301. Continuances. New Rule 106 302. Attorneys--Appearances and Withdrawals. New Rule 120 303. Arraignment. New Rule 571 304. Bill of Particulars. New Rule 572 305. Pretrial Discovery and Inspection. New Rule 573 306. Omnibus Pretrial Motion for Relief. New Rule 578 307. Time for Omnibus Pretrial Motion and Service. New Rule 579 310. Disposition of Pretrial Motions. New Rule 580 311. Pretrial Conference. New Rule 570 312. Motion for Change of Venue or Change of Venire. New Rule 584 313. Nolle Prosequi. New Rule 585 314. Court Dismissal Upon Satisfaction or Agreement. New Rule 586 315. Motion for Dismissal. New Rule 587 316. Assignment of Counsel. New Rule 122 317. Application for the Assignment of Counsel. New Rule 123 318. Waiver of Counsel. New Rule 121 319. Pleas and Plea Agreements. New Rule 590 320. Withdrawal of Plea of Guilty. New Rule 591 323. Suppression of Evidence. New Rule 581 324. Motion for Return of Property. New Rule 588 326. Special Orders Governing Widely-Publicized or Sensational Cases. New Rule 110 327. Public Discussion of Pending or Imminent Criminal Litigation by Court Personnel. New Rule 111 328. Photography and Broadcasting in the Courtroom and Its Environs. New Rule 112 340. Suspension of Acts of Assembly. New Rule 1101 Subchapter 350. SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED
351. Applicability of Subchapter. New Rule 800 352. Notice of Aggravating Circumstances. New Rule 801 353. Guilty Plea Procedure. New Rule 802 354. Procedure When Jury Trial Is Waived. New Rule 803 355. No Sealed Verdict. New Rule 804 356. Closing Arguments at Sentencing Hearing. New Rule 805 357. Sentencing Verdict Slip. New Rule 806 358A. Form for Jury Sentencing Verdict Slip. New Rule 807 358B. Form for Trial Judge Sentencing Verdict Slip. New Rule 808 359. Sentence. New Rule 809 360. Post-Sentence Motion. New Rule 810 361. First Degree Murder Review Form. New Rule 811 CHAPTER 1100. TRIAL
1100. Prompt Trial. New Rule 600 1101. Waiver of Jury Trial. New Rule 620 1102. Procedure When Jury Trial Is Waived. New Rule 621 1103. Consent to Be Tried by Less Than Twelve Jurors. New Rule 641 1104. Juror Qualification Form, Lists of Trial Jurors, and Challenge to the Array. New Rule 630 1105. Presence of Judge. New Rule 601 1106. Examination and Challenges of Trial Jurors. New Rule 631 1107. Juror Information Questionnaire. New Rule 632 1108. Alternate Trial Jurors. New Rules 633
and 6451109. Exhaustion of the Jury Panel. New Rule 635 1110. Swearing the Trial Jury to Hear the Cause. New Rule 640 1111. Sequestration of Trial Jurors. New Rule 642 1112. View by Jury. New Rule 643 1113. Note Taking by Jurors. New Rule 644 1114. Material Permitted in Possession of the Jury. New Rule 646 1115. Exceptions. New Rule 603 1116. Opening Statements and Closing Arguments. New Rule 604 1117. Presence of the Defendant. New Rule 602 1118. Mistrial. New Rule 605 1119. Request for Instructions, Charge to the Jury, and Preliminary Instructions. New Rule 647 1120. Verdicts. New Rule 648 1121. Sealed Verdict. New Rule 649 1122. Time for Court Action Following Non-Jury Trial. New Rule 622 1124. Challenges to Sufficiency of Evidence. New Rule 606 1124A. Challenges to the Weight of the Evidence. New Rule 607 1125. Motion for Judgment of Acquittal After Discharge of Jury. New Rule 608 1126. Number of Peremptory Challenges. New Rule 634 1127. Joinder--Trial of Separate Indictments or Informations. New Rule 582 1128. Severance of Offenses or Defendants. New Rule 583 CHAPTER 1400. SENTENCING
1401. Sentencing Judge. New Rule 700 1402. Pleas of Guilty to Multiple Offenses. New Rule 701 1403. Aids in Imposing Sentence. New Rule 702 1404. Disclosure of Pre-Sentence Reports. New Rule 703 1405. Procedure at Time of Sentencing. New Rule 704 1406. Imposition of Sentence. New Rule 705 1407. Fines or Costs. New Rule 706 1408. Documents Transmitted to Prison. New Rule 707 1409. Violation of Probation, Intermediate Punishment, or Parole: Hearing and Disposition. New Rule 708 1410. Post-Sentence Proceedings; Appeal. New Rule 720 1411. Procedures for Commonwealth Challenges to Sentencing; Appeals. New Rule 721 1415. Suspension of Acts of Assembly. New Rule 1101 CHAPTER 1500. POST-CONVICTION COLLATERAL PROCEEDINGS
1500. Scope. New Rule 900 1501. Initiation of Post-Conviction Collateral Proceedings. New Rule 901 1502. Content of Petition for Post-Conviction Collateral Relief; Request for Discovery. New Rule 902 1503. Docketing and Assignment. New Rule 903 1504. Appointment of Counsel; In Forma Pauperis. New Rule 904 1505. Amendment and Withdrawal of Petition for Post-Conviction Collateral Relief. New Rule 905 1506. Answer to Petition for Post-Conviction Collateral Relief. New Rule 906 1507. Disposition Without Hearing. New Rule 907 1508. Hearing. New Rule 908 1509. Procedures for Petitions in Death-Penalty Cases: Hearing; Disposition. New Rule 909 1510. Appeal. New Rule 910 CHAPTER 1600. IN FORMA PAUPERIS CHAPTER 1700. HABEAS CORPUS
1701. Habeas Corpus Venue. New Rule 108 CHAPTER 2000. SEARCH WARRANTS
2001. Who May Issue. New Rule 200 2002. Purpose of Warrant. New Rule 201 2002A. Approval of Search Warrant Applications by Attorney for the Commonwealth--Local Option. New Rule 202 2003. Requirements for Issuance. New Rule 203 2004. Person to Serve Warrant. New Rule 204 2005. Contents of Search Warrant. New Rule 205 2006. Contents of Application for Search Warrant. New Rule 206 2007. Manner of Entry Into Premises. New Rule 207 2008. Copy of Warrant; Receipt for Seized Property. New Rule 208 2009. Return With Inventory. New Rule 209 2010. Return of Papers to Clerk. New Rule 210 2011. Sealing Search Warrant Affidavits. New Rule 211 2020. Suspension of Acts of Assembly--Chapter 2000. New Rule 1101 CHAPTER 4000. BAIL
Part I: Procedures for Pre-Verdict Release
4001. Bail Before Verdict. New Rule 520 4002. Release Criteria. New Rule 523 4003. Types of Release on Bail. New Rule 524 4004. Bail Bond. New Rule 525 4005. Conditions of Bail Bond. New Rule 526 4006. Nonmonetary Conditions of Release on Bail. New Rule 527 4007. Monetary Condition of Release on Bail. New Rule 528 4008. Modification of Bail Order Prior to Verdict. New Rule 529 Part II: Procedures for Post-Verdict Release
4009. Bail After Finding of Guilt. New Rule 521 Part III: General Procedures in All Bail Cases
4010. Duties and Powers of a Bail Agency. New Rule 530 4011. Qualifications of Surety. New Rule 531 4012. Substitution of Surety or Security. New Rule 532 4013. Increased Amount of Monetary Condition of Bail. New Rule 533 4014. Duration of Obligation. New Rule 534 4015. Receipt for Deposit; Return of Deposit. New Rule 535 4016. Procedures Upon Violation of Conditions: Revocation of Release and Forfeiture; Bail Pieces; Exoneration of Surety. New Rule 536 Part IV: Bail Procedures for Material Witnesses
4017. Detention of Witnesses. New Rule 522 CHAPTER 6000. RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT
6000. Scope of Rules. New Rule 1000 6001. Disposition of Criminal Cases--Philadelphia Municipal Court. New Rule 1001 6002. Procedure in Summary Cases. New Rule 1002 6003. Procedure in Non-Summary Municipal Court Cases. New Rule 1003 6004. Arraignment Prior to Trial. New Rule 1004 6005. Pretrial Applications for Relief. New Rule 1005 6006. Notice of Right to Appeal or to Petition for Certiorari; Guilty Plea Challenge Procedure. New Rule 1006 6007. Challenge to Guilty Plea. New Rule 1007 6008. Contents of Notice of Appeal or Petition for Certiorari. New Rule 1008 6009. Notice to Municipal Court Judge and Attorney for the Commonwealth of Appeal or of Petition for Certiorari. New Rule 1009 6010. Procedure on Appeal. New Rule 1010 6011. Bail. New Rule 1011 6012. Recording and Transcribing Municipal Court Proceedings; Admissibility of Testimony at Trial De Novo. New Rule 1012 6013. Prompt Trial--Municipal Court. New Rule 1013 CHAPTER 9000. GENERAL PROVISIONS
9015. Preservation of Testimony After Institution of Criminal Proceedings. New Rule 500 9015A. Preservation of Testimony by Videotape Recording. New Rule 501 9016. Contents of Subpoena. New Rule 107 9017. Contents of Order for Expungement. New Rule 722 9020. Motions. New Rule 574 9021. Answers. New Rule 575 9022. Filing. New Rule 576 9023. Service. New Rule 577 9024. Notice of Court Proceeding(s) Requiring Defendant's Presence. New Rule 113 9025. Notice and Docketing of Orders. New Rule 114 9030. Recording and Transcribing Court Proceedings. New Rule 115 9998. Abolition of Practice and Procedure Under Repealed Statutes. New Rule 1100 [Pa.B. Doc. No. 99-397. Filed for public inspection March 12, 1999, 9:00 a.m.]
