469 Order adopting the reorganization and renumbering of rules of criminal procedure and making correlative changes; no. 260 criminal procedure rules, doc. no. 2
Title 234--RULES OF CRIMINAL PROCEDURE [234 PA. CODE CHS. 1--11, 20, 30, 50, 100, 200, 300, 350, 1100, 1400, 1500, 1600, 1700, 2000, 4000, 6000 AND 9000] Order Adopting the Reorganization and Renumbering of the Rules of Criminal Procedure and Making Correlative Changes; No. 260 Criminal Procedural Rules, Doc. No. 2 [30 Pa.B. 1477] The Criminal Procedural Rules Committee has prepared a Final Report explaining the March 1, 2000 reorganization and renumbering of the Rules of Criminal Procedure and the correlative rule changes. The Order will be effective April 1, 2001. The Final Report follows the Court's Order. In addition, as an aid to the Bench and the Bar, the Committee has included with the Court's Order as an Appendix a Table of Contents showing the reorganization and renumbering of the rules, a Derivation Table, and a Disposition Table. (Editor's Note: See 30 Pa.B. 1493 (March 18, 2000).) The complete text of the rules as renumbered and amended appears on the Court's homepage at www.courts.state.pa.us.
Order Per Curiam:
Now, this first day of March, 2000, upon the recommendation of the Criminal Procedural Rules Committee; the proposal having been published before adoption at 29 Pa.B. 1360 (March 13, 1999), and in the Atlantic Reporter (Second Series Advance Sheets, Vol. 724/725), and a Final Report to be published with this Order:
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that:
(1) the Rules of Criminal Procedure are hereby reorganized and renumbered;
(2) the editorial changes and technical corrections to the Rules of Criminal Procedure are adopted;
(3) new Rules 109, 112, 460, 461, 462, 645, and 1101 are promulgated;
(4) former Rule 301, renumbered Rule 106, is amended;
(5) former Rule 1108, renumbered Rule 633, is amended;
(6) former Rule 1117, renumbered Rule 602, is amended;
(7) the revision of the Comment to former Rule 51, renumbered Rule 400, is approved;
(8) the revision of the Comment to former Rule 313, renumbered Rule 585, is approved;
(9) the revision of the Comment to former Rule 314, renumbered Rule 586, is approved;
(10) former Rules 90 and 150 are rescinded and replaced by new Rule 109;
(11) former Rules 27 and 328 are rescinded and replaced by new Rule 112;
(12) former Rule 86 is rescinded and replaced by new Rules 460, 461, and 462; and
(13) former Rules 39, 159, 340, 1415 and 2020 are rescinded and replaced by new Rule 1101.
This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective April 1, 2001.
FINAL REPORT1
and Correlative AmendmentsReorganization and Renumbering of the Rules of Criminal Procedure,2 On March 1, 2000, effective April 1, 2001, upon the recommendation of the Criminal Procedural Rules Committee, the Court reorganized and renumbered the Rules of Criminal Procedure and adopted correlative amendments to a number of rules. With this reorganization and renumbering, the rules are presented in a more logical 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 to the conclusion of a criminal proceeding.
INTRODUCTION
Over the years, the Committee has been reminded of the illogic of the organization of the rules that has evolved. From its creation, charged with developing uniform statewide procedures for criminal cases, the Committee has of necessity recommended blocks of new rules in a piecemeal fashion. New segments could not always be integrated into the existing rules in an orderly manner, but rather were ''shoehorned in.'' For example, the search warrant rules follow the sentencing rules, although they more logically belong toward the beginning of the process.
The Committee understands those who are regularly involved with the criminal justice system are, for the most part, familiar with and comfortable using the current organization. However, many who are just beginning to work with, or are not regularly involved in the criminal justice system, are unfamiliar with the present organization of the rules;3 these people find it difficult to work with the rules as cases move through the system. The Committee also noted that even those regularly involved with criminal procedures find that familiarity with the present organization does not always eliminate the difficulty of finding the relevant rules when unfamiliar issues arise. Therefore, following the initial compilation of the rules, the Committee began to reorganize groups of rules within specific Chapters when the opportunity presented itself.4
In 1999, no longer satisfied with this piecemeal approach to reorganization, the Committee agreed the system would benefit from a complete reorganization and renumbering of all the rules in a logical order that more closely mirrors the progression of a case. Our efforts culminated in the Court's March 1, 2000 Order.
It is the Committee's belief that this reorganization will not significantly affect those who work with the rules on a daily basis, although it may take time to ''relearn'' the rule numbers. It will simplify the procedures for those who come in contact with the criminal justice system less frequently.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 numbers of the rules in each chapter preceded by the number of the chapter and a hyphen. However, after working with this format, the Committee found it too limiting; the rules did not easily fit into the scheme, and this presentation of the rules was less informative than the present multiple-chapter system. After additional consideration, the Committee agreed the organization would be clearer and easier to use if the rules continued to be separated into multiple chapters, each covering a separate category of procedures.
The new organization adopted by the Court has eleven chapters, starting with Chapter 1. The rules in Chapter 1 start with 100, and subsequent chapters are similarly numbered. There are some ''gaps'' in the numbers in a chapter in anticipation of future expanded provisions. Within some chapters are subdivisions or parts, similar to the subdivisions in the current system; whenever possible, the numbering within each part of a chapter starts with a different series of numbers, except in those cases in which the parts are interrelated. See, e.g., Chapter 5, Parts B(1) and B(2).
In addition to the overall reorganization and renumbering, the Court adopted a number of organizational rule changes described below in Part II.6 These include the ''new'' rules that have been 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'' Rule 645, which has been created by separating provisions from paragraph (a) of former Rule 1108.
Finally, the Committee has indicated in the Table of Contents that a few rule numbers are [RESERVED]. These ''reserved'' rules cover substantive matters that have no counterpart in the current rules, which the Committee has set aside for consideration at a future time.
I. REORGANIZATION7
(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 (100) through 6 (105);
(b) Rule 301 (106) (Continuances) made applicable to both summary and court cases;
(c) Rule 9016 (107) (Contents of Subpoena);
(d) Rule 1701 (108) (Habeas Corpus Venue);
(e) Rules 302 (120), 316 (122), 317 (123), and 318 (121) governing the procedures relating to counsel, and a possible new rule governing in forma pauperis proceedings;8
(f) Rules 27 (112), 326 (110), 327 (111), and 328 (112) that address the procedures related to public comment, publicity, and broadcasting, with Rules 27 and 328 combined into one rule, ''new'' Rule 112, 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, ''new'' Rule 109, applicable to all cases;
(i) Rules 9024 (113) and 9025 (114) concerning notices; and
(j) Rule 9030 (115) 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--162 (300--302) and 176--186 (310--320), 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:9
(a) Rule 95 (401) concerning the institution of proceedings involving parking violations has been moved to the beginning of the chapter with the other summary case rules that provide for 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 section (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 86 (rescinded) and 1117(c) (deleted), and provisions comparable to those in Rule 83 (454), that cover the notice of appeal, stays pending and during the appeal, and the trial de novo. The new trial de novo rule, new Rule 462, provides that, although the trial will be conducted by a judge in the court of common pleas, the procedures for conducting the trial de novo are comparable to the trial provisions of Rule 83 (454), and includes a provision to make it clear that the attorney for the Commonwealth has the discretion 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 (500) and 9015A (501) 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, and 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) (Rules 502--518), with the following changes:
(i) Rule 101 (502) has been renamed ''Instituting Proceedings in Court Cases;'' and
(ii) Rule 102 (518) 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 some modification of the order of the rules within the new chapter. Rule 4009 (521) concerning bail after the finding of guilt now follows Rule 4001 (520) concerning bail before verdict. Rule 4017 (522) concerning the detention of witnesses now follows Rule 4009 (521) because the detention of witness rule goes to the issue of setting bail, albeit for witnesses. The subchapter divisions in current Chapter 4000 are retained in new Part C.
(d) Rules 140--15110 (540--551), 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 (561), 225 (560), 227--229 (562--564), 231 (565), and 232 (566) concerning the procedures related to informations have been moved to be Part E (Informations). This change has been made because chronologically the preparation of an information is the next step in the process 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 (570) (Pretrial Conference), Rule 303 (571) (Arraignment), Rule 304 (572) (Bill of Particulars), and Rule 305 (573) (Pretrial Discovery and Inspection).
(ii) Part F(1) includes Rules 306--307 (578--579) and 310 (580) concerning pretrial motions, Rules 9020 (574), 9021 (575), 9022 (576), and 9023 (577), which cover motions procedures generally, Rules 312--315 (584--587), 323 (581), and 324 (588), which deal with specific pretrial motions, and Rules 1127 (582) (Joinder-Trial of Separate Indictments or Informations) and 1128 (583) (Severance of Offenses or Defendants), which usually are implemented by a pretrial motion. In addition, in keeping with the chronological organization, Rule 323 (581) (Suppression of Evidence) has been moved to follow Rule 310 (580) (Disposition of Pretrial Motions).
(iii) Part G includes Rules 319 (590) (Pleas and Plea Agreements) and 320 (591) (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: Rules 1100 (600) (Prompt Trial), 1105 (601) (Presence of Judge), 1115 (603) (Exceptions), 1116 (604) (Opening Statements and Closing Arguments), 1117 (602) (Presence of the Defendant), 1118 (605) (Mistrial), 1124 (606) (Challenges to Sufficiency of Evidence), 1124A (607) (Challenges to Weight of Evidence), and 1125 (608) (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 (620) (Waiver of Jury Trial), Rule 1102 (621) (Procedure When Jury Trial is Waived), and 1122 (622) (Time for Court Action Following Non-Jury Trial); and
(c) Part C (Jury Procedures) sets forth the rules that govern jury trials beginning with Rule 1104 (630) (Juror Qualification Form, List of Trial Jurors, and Challenge to the Array). It is divided into two subparts: (1) impaneling the jury, Part C(1), which includes Rules 1106 (631) (Examination and Challenges of Trial Jurors), 1107 (632) (Juror Information Questionnaire), 1108 (633) (Alternate Trial Jurors), 1126 (634) (Number of Peremptory Challenges), and 1109 (635) (Exhaustion of the Jury Panel); and (2) the conduct of the jury trial, Part C(2), which includes Rule 1103 (641) (Consent to be Tried by Less Than Twelve Jurors), Rules 1110 (640), 1111--1113 (642--644), 1114 (646), and Rules 1119--1121 (647--649).
(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). ''New'' Rule 645 follows Rule 1113 (644) (Note Taking by Jurors), maintaining the chronological organization.
(ii) Rule 1103 (641) (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 (640) (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 (700--708); and (2) post-sentence procedures, which includes Rules 1410--1411 (720--721) and Rule 9017 (722) (Contents of Order of Expungement), 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 Rule 9998 (1100) (Abolition of Practice and Procedure Under Repealed Statutes) and all the suspension rules (Rules 39, 159, 340, 1415, and 2020) joined in one ''new'' rule, Rule 1101 (Suspension of Acts of Assembly).
II. RULE CHANGES
In order to facilitate 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 others would have to be combined into ''new'' rules,11 and still others would have to be divided into two or more separate rules. As noted previously, there are no substantive changes to these rules; the changes, described below, merely accommodate the overall reorganization of the rules.
(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 ''new'' rule is derived largely from Rule 27, and incorporates 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),12 and 1117(c) (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 corresponding paragraphs in the Comment;
(b) ''new'' Rule 461 (Stays) incorporates the provisions of Rule 86(B) and the corresponding provisions in the Comment; and
(c) ''new'' Rule 462 (Trial De Novo) incorporates provisions from Rules 86 and 1117(c), and enumerates the procedures for the trial de novo that are comparable to the procedures in Rule 83 (454), 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 have been 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). The last two sentences of Rule 1108(A), which address procedures concerning alternate jurors that occur 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.
Annex A TITLE 234. RULES OF CRIMINAL PROCEDURE Editor's Note: The following information is contain in this Annex:
1. Part I. Categories of rule changes.
2. Part II New Rules.
3. Part III. Rules that have conforming amendments or Comment revisions that go beyond the renumbering and the addition of the nonsubstantive technical or editorial changes; and rules that are being rescinded.
4. Part IV. Table of Contents, Derivation Table and Disposition Table.
5. The complete text of the rules as renumbered and amended appears at www.courts.state.pa.us.
PART I. CATEGORIES OF RULE CHANGES13 1. Rules that have conforming amendments of Comment revisions that go beyond the renumbering and the addition of the nonsubstantive technical or editorial changes:
51, 301, 313, 314, 1108, 1117, and the Bail Rules Introduction
2. Rules that are being rescinded:
27, 39, 86, 90, 150, 159, 328, 340, 1415, and 2020
3. Rules from which we have deleted outdated rule history or derivation history, in addition to the renumbering and the nonsubstantive technical or editorial changes:
1, 26, 51, 56, 58, 59, 62, 63, 64, 65, 66, 67, 68, 69, 70, 80, 84, 92, 106, 108, 119, 124, 140, 162, 176, 252, 258, 304, 306, 312, 317, 1124, 1125, 1404, 1405, 1410, 1504, 2003, 2006, 4001, 4002, 4003, 4005, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 6000, 9016, 9020, 9021, 9023, and 9025
4. Rules in which the only changes are the addition of the new numbering scheme and changing paragraph designations such as changing (a) to (A) or (a) to (1):
3, 4, 5, 21, 22, 23, 31, 32, 52, 53, 55, 61, 71, 75, 76, 81, 83, 85, 87, 88, 101, 102, 103, 104, 105, 107, 109, 112, 113, 122, 123, 140A, 141, 142, 143, 144, 145, 146, 147, 148, 149, 151, 161, 177, 179, 180, 181, 182, 183, 184, 224, 228, 231, 232, 251, 255, 265, 260, 270, 271, 302, 310, 311, 315, 320, 353, 354, 357, 358B, 359, 1102, 1104, 1110, 1114, 1115, 1119, 1122, 1124A, 1128, 1408, 1409, 1500, 1501, 1502, 1503, 1505, 1506, 1507, 1509, 1510, 2001, 2004, 2005, 2009, 2010, 2011, 4004, 6002, 6003, 6004, 6006, 6007, 6008, 6009, 6010, 6011, 9015, 9017, 9022, 9024, and 9998
5. Rules that have technical or editorial changes, such as making the rule gender neutral, changing ''which'' to ''that'' or ''where'' to ''when,'' and correcting citations and making other blue book-type corrections, in addition to the new numbering scheme and changing paragraph designations:
2, 6, 24, 25, 30, 60, 82, 91, 95, 110, 121, 160, 178, 185, 186, 225, 227, 229, 253, 257, 259, 261, 263, 264, 272, 273, 274, 303, 305, 307, 316, 318, 319, 323, 324, 326, 327, 351, 352, 355, 356, 358A, 360, 1100, 1101, 1103, 1105, 1106, 1107, 1109, 1111, 1112, 1113, 1116, 1118, 1120, 1121, 1126, 1127, 1401, 1402, 1403, 1406, 1407, 1411, 1508, 1701, 2002, 2002A, 2007, 2008, 4006, 6001, 6005, 6012, 6013, 9015A and 9030.
PART II. TEXT OF NEW RULES [This is an amalgamated rule, combining former 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.
Comment This rule combines and replaces former 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.''
Official Note: Former Rule 90 adopted July 12, 1985, effective January 1, 1986; effective date extended to July 1, 1986; rescinded March 1, 2000, effective April 1, 2001, and replaced by Rule 109. 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; rescinded March 1, 2000, effective April 1, 2001, and replaced by Rule 109. New Rule 109 adopted March 1, 2000, effective April 1, 2001.
Committee Explanatory Reports:
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules, and the provisions of Rule 109, published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
[This is an amalgamated rule, combining former 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; or
(4) adopt any, all, or combination of these remedies as the nature of the case requires in the interests of justice.
Comment This rule combines and replaces former 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.
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; rescinded March 1, 2000, effective April 1, 2001, and replaced by Rule 112. 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; rescinded March 1, 2000, effective April 1, 2001, and replaced by Rule 112. New Rule 112 adopted March 1, 2000, effective April 1, 2001.
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).
NEW RULE 112:
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules, and the provisions of Rule 112, published at 30 Pa.B. 1478 (March 18, 2000).
[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 that 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, if any, furnished to the issuing authority;
(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.
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.
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; amended May 14, 1999, effective July 1, 1999; rescinded March 1, 2000, effective April 1, 2001, and paragraphs (A), (D), (E), (F), (H), and (I) replaced by Rule 460. New Rule 460 adopted March 1, 2000, effective April 1, 2001.
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).
NEW RULE 460:
Final Report explaining the reorganization and renumbering of the rules and the provisions of Rule 460 published at 30 Pa.B. 1478 (March 18, 2000).
[This rule is derived from former 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.
Comment This rule is derived from former 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.
Official Note: Formerly Rule 86(B) and (C), adopted October 1, 1997, effective October 1, 1998; rescinded March 1, 2000, effective April 1, 2001, and paragraphs (B) and (C) replaced by Rule 461. New Rule 461 adopted March 1, 2000, effective April 1, 2001.
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).
NEW RULE 461:
Final Report explaining the reorganization and renumbering of the rules and the provisions of Rule 461 published at 30 Pa.B. 1478 (March 18, 2000).
[This rule is derived from former 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. The failure of a law enforcement officer to appear and testify shall result in the dismissal of the charges unless:
(1) the defendant waives the presence of the law enforcement officer in open court on the record;
(2) the defendant waives the presence of the law enforcement officer by filing a written waiver signed by the defendant and defense counsel, or the defendant if proceeding pro se, with the clerk of courts; or
(3) the trial judge determines that good cause exists for the law enforcement officer's unavailability and grants a continuance.
(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.
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.
The provisions of paragraph (C) that permit the court to continue the case if there is good cause for the officer's unavailability were added in response to Commonwealth v. Hightower, 652 A.2d 873 (Pa. Super. 1995).
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.
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; amended May 14, 1999, effective July 1, 1999; rescinded March 1, 2000, effective April 1, 2001, and paragraph (G) replaced by Rule 462. New Rule 462 adopted March 1, 2000, effective April 1, 2001.
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).
Final Report explaining the May 14, 1999 amendments to former Rule 86, paragraph (G), concerning the police officer's presence published with the Court's Order at 29 Pa.B. 2776 (May 29, 1999).
NEW RULE 462:
Final Report explaining the reorganization and renumbering of the rules and the provisions of Rule 462 published at 30 Pa.B. 1478 (March 18, 2000).
[This rule is derived from former Rule 1108(a).] [Continued on next Web Page] _______
[Continued from previous Web Page] 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.
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.
Official Note: New Rule 645 adopted March 1, 2000, effective April 1, 2001.
Committee Explanatory Reports:
Final Report explaining the reorganization and renumbering of the rules and the provisions of Rule 645 published at 30 Pa.B. 1478 (March 18, 2000).
[This is an amalgamated rule, combining former 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:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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 573(B)(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.
(6) 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.
(7) 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 211, is suspended only insofar as the Act is inconsistent with Rules 205, 206, and 211.
Comment This rule is derived from former Rules 39, 159, 340, 1415, and 2020, the rules previously providing for the suspension of legislation.
Official Note: Former Rule 39 adopted October 1, 1997, effective October 1, 1998; rescinded March 1, 2000, effective April 1, 2001, and replaced by Rule 1101. 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; rescinded March 1, 2000, effective April 1, 2001, and replaced by Rule 1101. 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; rescinded March 1, 2000, effective April 1, 2001, and replaced by Rule 1101. 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; rescinded March 1, 2000, effective April 1, 2001, and replaced by Rule 1101. Former Rule 2020 adopted September 3, 1993, effective January 1, 1994; rescinded March 1, 2000, effective April 1, 2001, and replaced by Rule 1101. New Rule 1101 adopted March 1, 2000, effective April 1, 2001.
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).
NEW RULE 1101:
Final Report explaining the reorganization and renumbering of the rules and the provisions of Rule 1101 published at 30 Pa.B. 1478 (March 18, 2000).
PART III. TEXT OF AMENDED OR RESCINDED RULES Rule 27. [Publicity and Recording of Proceedings] (Rescinded).
[(a) During a hearing or summary trial, the issuing authority shall:
(1) Prohibit the taking of photographs and motion pictures of the proceedings or in the hearing room during the proceedings and the transmission of communications by telegraph, telephone, radio, or television, in or from the hearing room; and
(2) Prohibit the mechanical recording of the proceedings by anyone for any purpose, provided that the issuing authority, the attorney for the Commonwealth, or the defendant, may cause such a recording to be made 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.
(b) If it appears to the court that a violation of paragraph (a) has resulted in substantial prejudice to the defendant, the court, 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 therefor;
(2) Discharge the defendant on nominal bail if in custody, or continue his bail if at liberty, pending further proceedings;
(3) Order all costs of the issuing authority forfeited in the original proceedings; and
(4) Adopt any, all, or combination of the remedies herein established as the nature of the case shall require in the interests of justice.
Comment ''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 9015 and 9015A.]
Official Note: Formerly 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; rescinded March 1, 2000, effective April 1, 2001, and replaced by Rule 112.
Committee Explanatory Reports:
Final Report explaining the June 19, 1996 amendments published with the Court's Order at 26 Pa.B. 3128 (July 6, 1996).
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Rule 39. [Suspension of Acts of Assembly--Chapter 30] (Rescinded).
[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 30, 31, and 32, is hereby suspended only insofar as it is inconsistent with the 30-day appeal period and 30-day automatic stay period set forth in Rule 31.]
Official Note: Rule 39 [Adopted] adopted October 1, 1997, effective October 1, 1998; rescinded March 1, 2000, effective April 1, 2001, and replaced by Rule 1101.
Committee Explanatory Reports:
Final Report explaining the provisions of new Rule 39 published with the Court's Order at 27 Pa.B. 5405 (October 18, 1997).
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Rule [51] 400. Means of Instituting Proceedings in Summary Cases.
Criminal proceedings in summary cases shall be instituted either by:
[(a)] (1) issuing a citation to the defendant; or
[(b)] (2) filing a citation; or
[(c)] (3) filing a complaint; or
[(d)] (4) arresting without a warrant when arrest is specifically authorized by law.
Comment This rule establishes the means of instituting criminal proceedings in summary cases. For general citation procedures, see Chapter 4 Part [II] B, Rules [52 and 53] 402 and 403.
For the procedures when a citation is issued to a defendant pursuant to paragraph [(a)] (1) of this rule, see Chapter 4 Part [IIA] B(1), Rules [55, 56, 57, 58, 59] 405, 406, 407, 408, and 409.
For the procedures when a citation is filed pursuant to paragraph [(b)] (2), see Chapter 4 Part [IIB] B(2), Rules [60, 61, 62, 63, 64] 410, 411, 412, 413, and 414.
For the procedures when a complaint is filed pursuant to paragraph [(c)] (3), see Chapter 4 Part [III] C, Rules [65, 66, 67, 68, 69] 420, 421, 422, 423, and 424.
For the procedures when there is an arrest without a warrant pursuant to paragraph [(d)] (4) see Chapter 4 Part [IV] D(2), Rules [70, 71] 440 and 441.
For the procedures regarding the use of arrest warrants in summary cases, see Chapter 4 Part [V] D(1), Rules [75, 76] 430 and 431.
For general procedures applicable in all summary cases, see Chapter 4 Part [VI] E, Rules [80, 81, 82, 83, 84, 85, 86, 90] 451, 452, 453, 454, 455, 456, 457, 458.
For the procedures for appealing to the court of common pleas for a trial de novo, see Chapter 4, Part F, Rules 460, 461, and 462.
For the procedures in summary cases charging parking violations, see Chapter 4 Part [VII] A, Rule [95] 401. Although a criminal proceeding may be instituted in these cases by issuing a citation either by handing it to a defendant or placing it on a vehicle windshield, it is expected that many parking cases will be disposed of without a criminal proceeding under these rules. A parking ticket, which is not a citation, is used by a political subdivision and the defendant pays the amount specified on the ticket within the time specified.
Summary cases are cases in which all the offenses charged are either summary offenses, as defined in the Crimes Code, 18 Pa.C.S. § 106(c), or violations of ordinances for which imprisonment may be imposed upon conviction or upon failure to pay a fine or penalty. See Rule [3] 103. Criminal proceedings in summary cases are to be brought under this chapter of the rules. If one or more of the offenses charged is a misdemeanor, felony, or murder, the case is a court case (see Rule [3] 103) and proceeds under Chapter [100] 5 of the rules. Any summary offenses in such a case, if known at the time, must be charged in the same complaint as the higher offenses and must be disposed of as part of the court case. See Crimes Code § 110, 18 Pa.C.S. § 110, and Commonwealth v. Campana, 304 A.2d 432 (Pa. 1973), vacated and remanded, 414 U.S. 808 (1973), on remand, 314 A.2d 854 (Pa. 1974). But see Commonwealth v. Beatty, 455 A.2d 1194 (Pa. 1983); Commonwealth v. Taylor, 522 A.2d 37 (Pa. 1987); and Commonwealth v. Kresge, 464 A.2d 384 (Pa. Super. 1983) (no Section 110 violation when separate prosecutions involve offenses ''not within the jurisdiction of a single court''). See also Commonwealth v. Geyer, 687 A.2d 815 (Pa. 1996) (Section 110 applies to separate prosecution of two summary offenses within the jurisdiction of a single court).
The summary case rules are not intended to prohibit or to suspend any acknowledgment of guilt procedures that may be specifically authorized by statute. See, e.g., Section 926 of the Game and Wildlife Code, 34 Pa.C.S. § 926, and Section 925 of the Fish and Boat Code, 30 Pa.C.S. § 925. Furthermore, the use of a field acknowledgment of guilt pursuant to 34 Pa.C.S. § 926 or 30 Pa.C.S. § 925 should not be construed as the issuance of a citation for the purpose of instituting a summary case under these rules. See Rules [55 and 60] 405 and 410.
The Rules of Criminal Procedure generally do not apply to juvenile proceedings, but these rules do apply to proceedings in summary cases involving juveniles to the extent that the Juvenile Act does not apply to such proceedings. See, e.g., Juvenile Act §§ 6302-6303, 42 Pa.C.S. §§ 6302-6303; Vehicle Code § 6303, 75 Pa.C.S. § 6303. See also 42 Pa.C.S. § 1515(a)(1) and 6303(a)(5) concerning jurisdiction of summary offenses arising out of the same episode or transaction involving a delinquent act for which a petition alleging delinquency is filed.
See Section 1522 of the Judicial Code, 42 Pa.C.S. § 1522, concerning parental notification in certain summary cases involving juveniles.
Official Note: Previous Rule 51, adopted January 23, 1975, effective September 1, 1975; Comment revised January 28, 1983, effective July 1, 1983; Comment revised December 15, 1983, effective January 1, 1984; rescinded July 12, 1985, effective January 1, 1986; and replaced by present Rules [3, 51, 52, 55, 60, 65, 70, 75, and 95] 103, 400, 401, 402, 405, 410, 420, 440, and 430. Present Rule 51 adopted July 12, 1985, effective January 1, 1986. The January 1, 1986 effective dates all are extended to July 1, 1986; Comment revised February 1, 1989, effective July 1, 1989; Comment revised January 31, 1991, effective July 1, 1991; Comment revised January 16, 1996, effective immediately; Comment revised June 6, 1997, effective immediately; renumbered Rule 400 and amended March 1, 2000, effective April 1, 2001.
Committee Explanatory Reports:
Report explaining the January 31, 1991 amendments published at 20 Pa.B. 4788 (September 15, 1990); Supplemental Report published at 21 Pa.B. 621 (February 16, 1991).
Report explaining the January 16, 1996 Comment revisions published with the Court's Order at 26 Pa.B. 437 (February 3, 1996).
Report explaining the June 6, 1997 Comment revision published with the Court's Order at 25 Pa.B. 2923 (June 21, 1997).
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Rule 86. [Appeals] (Rescinded).
[(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 and by appearing in the court of common pleas for the trial de novo. The notice of appeal shall be filed with the clerk of courts.
(B) Stays.
(1) In all cases in which a sentence of imprisonment has been imposed, execution of sentence shall be stayed until the time for appeal expires.
(2) In any case in which a notice of appeal is filed, the execution of sentence shall be stayed.
(3) Whenever the execution of sentence is stayed pursuant to this paragraph, the issuing authority may set bail or collateral.
(C) 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.
(D) 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 where 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.
(E) 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.
(F) 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.
(G) 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 appropriate division of the court of common pleas as the president judge shall direct. 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. The failure of a law enforcement officer to appear and testify shall result in the dismissal of the charges unless:
(1) the defendant waives the presence of the law enforcement officer in open court on the record;
(2) the defendant waives the presence of the law enforcement officer by filing a written waiver signed by the defendant and defense counsel, or the defendant if proceeding pro se, with the clerk of courts; or
(3) the trial judge determines that good cause exists for the law enforcement officer's unavailability and grants a continuance.
(H) 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.
(I) This rule shall not apply to appeals from contempt adjudications.
Comment 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 31.
The Rules of Criminal Procedure are applicable generally to these proceedings. See, e.g., Rule 3, Chapter 50 (Summary Cases), Rule 1117, and Chapter 6000. 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.
Under paragraph (B)(2), 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 85.
When the only issues on appeal arise solely from an issuing authority's determination after a default hearing pursuant to Rule 85, 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.
The 1999 amendment of paragraph (G), made in response to Commonwealth v. Hightower, 652 A.2d 873 (Pa. Super. 1995), permits the court to continue the case if there is good cause for the officer's unavailability.
Certiorari was abolished by former Rule 67 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, of course, continues.
Bail, when set in a summary case, must be set in accordance with the bail rules, Chapter 4000.]
Official Note: Rule 86 [Adopted] adopted July 12, 1985, effective January 1, 1986; revised September 23, 1985, effective January 1, 1986; 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; amended May 14, 1999, effective July 1, 1999; rescinded March 1, 2000 and paragraphs (A), (D), (E), (F), and (I) replaced by Rule 460, paragraphs (B) and (C) replaced by Rule 461, and paragraph (G) replaced by Rule 462, effective April 1, 2001.
Committee Explanatory Reports:
Final Report explaining the March 22, 1993 amendments published with the Court's Order at 23 Pa.B. 1699 (April 10, 1993).
Final Report explaining the October 28, 1994 amendments published with the Court's Order at 24 Pa.B. 5843 (November 26, 1994).
Final Report explaining the February 27, 1995 amendments published with the Court's Order at 25 Pa.B. 935 (March 18, 1995).
Final Report explaining the October 1, 1997 amendments published with the Court's Order at 27 Pa.B. 5408 October 18, 1997).
Final Report explaining the May 14, 1999 amendments to paragraph (G) concerning the police officer's presence published with the Court's Order at 29 Pa.B. 2776 (May 29, 1999).
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Rule 90. [Defects in Form, Content, or Procedure--Summary Cases] (Rescinded).
[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 this Chapter, unless the defendant raises the defect before the conclusion of the summary trial and the defect is prejudicial the rights of the defendant.
Comment This rule replaces previous Rule 70.
This rule is intended to clarify 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 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, the defendant cannot thereafter raise the defect as grounds for dismissal or discharge at a later stage in the proceedings. However, the intent is not to 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. 26.
If the district justice determines that a defect is prejudicial, it is intended that the decision recorded on the docket pursuant to Rule 26(b)(12) shall be discharge of the defendant or dismissal of the case, rather than not guilty.
For the comparable procedures in court case see Rule 150].
Official Note: Rule 90 [Adopted] adopted July 12, 1985, effective January 1, 1986; effective date extended to July 1, 1986; rescinded March 1, 2000 and replaced by Rule 109, effective April 1, 2001.
Committee Explanatory Reports:
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Rule 150. [Defects in Form, Content, or Procedure--Court Cases] (Rescinded).
[A defendant shall not be discharged nor shall a case be dismissed because of a defect in the form or content of a complaint, summons, or warrant, or a defect in the procedures in this Chapter, unless the defendant raises the defect before the conclusion of the preliminary hearing and the defect is prejudicial to the rights of the defendant.]
Official Note: Previous paragraph (a) (Informal Defects) formerly Rule 114 and previous paragraph (b) (Substantive Defects) formerly Rule 115, both adopted June 30, 1964, effective January 1, 1965; suspended January 31, 1970, effective May 1, 1970; 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, 1983[,] ; Comment revised July 12, 1985, effective January 1, 1986; effective date extended to July 1, 1986; rescinded March 1, 2000 and replaced by Rule 109, effective April 1, 2001.
[Comment The 1981 amendment is intended to clarify 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. Under this amendment, 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, 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 and the reissuance of process. Any new complaint must be filed within the time permitted by the applicable statute of limitations.
Ordinarily, if a defendant does not raise a defect before the conclusion of the preliminary hearing, the defendant cannot thereafter raise the defect as grounds for dismissal or discharge at a later state in the proceedings. See, Commonwealth v. Krall, 452 Pa. 215, 304 A.2d 488 (1973).
Any defect properly raised under this rule shall be specifically described on the docket by the issuing authority. See Pa.R.Crim.P. 26.
For the comparable procedures in summary cases see Rule 90.]
Committee Explanatory Reports:
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Rule 159. [Suspension of Acts of Assembly--Chapters 50 and 100] (Rescinded).
[The following Acts of Assembly are hereby suspended:
(a) 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 (1977), insofar as they are inconsistent with Rule 91.
(b) The Act of July 1, 1987, P. L. 180, No. 21, § 2, 42 Pa.C.S. § 1520, insofar as it is inconsistent with Rules 160, 161, 162, and Rules 175 through 186.]
Official Note: Rule 159 [Adopted] 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; rescinded March 1, 2000 and replaced by Rule 1101, effective April 1, 2001.
Committee Explanatory Reports:
Report explaining the January 31, 1991 amendments published at 20 Pa.B.[ull.] 4788 (September 15, 1990); Supplemental Report published at 21 Pa.B.[ull.] 621 (February 16, 1991).
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
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 court] the 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: Rule 301 [Adopted] adopted June 30, 1964, effective January 1, 1965; amended June 8, 1973, effective July 1, 1973[,] ; 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; renumbered Rule 106 and amended March 1, 2000, effective April 1, 2001.
Committee Explanatory Reports:
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Rule [313] 585. Nolle Prosequi.
[(a)] (A) Upon motion of the attorney for the Commonwealth, the court may, in open court, order a nolle prosequi of one or more charges notwithstanding the objection of any person.
[(b)] (B) Upon a nolle prosequi, costs may be imposed as the court may direct.
Comment Section 8932 of the Judicial Code, 42 Pa.C.S. § 932, prohibits the district attorney from entering a nolle prosequi without court approval at any time after the filing of an information.
Before an information is filed, the attorney for the Commonwealth may withdraw one or more of the charges by filing a notice of withdrawal with the clerk of courts. See Rule [224(a)] 561(A). Upon the filing of an information, any charge in the complaint not listed on the information will be deemed withdrawn by the attorney for the Commonwealth. See Rule [224(b)] 561(B). After the information is filed, court approval is required before a nolle prosequi may be entered on a charge listed therein. See 42 Pa.C.S. § 8932.
Official Note: [Formerly] Rule 314[,] adopted June 30, 1964, effective January 1, 1965; Comment [amended] revised February 15, 1974, effective immediately; renumbered Rule 313 and Comment [amended] revised 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 January 28, 1983, effective July 1, 1983; amended August 12, 1993, effective September 1, 1993; amended August 14, 1995, effective January 1, 1996; renumbered Rule 585 and amended March 1, 2000, effective April 1, 2001.
Committee Explanatory Reports:
Report explaining the August 12, 1993 amendments published at 22 Pa.B. 3826 (July 25, 1992).
Final Report explaining the August 14, 1995 amendments published with the Court's Order at 25 Pa.B. 3468 (August 26, 1995).
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Rule [314] 586. Court Dismissal Upon Satisfaction or Agreement.
When a defendant is charged with an offense which is not alleged to have been committed by force or violence or threat thereof, the court may order the case to be dismissed upon motion and a showing that:
[(a)] (1) the public interest will not be adversely affected; and
[(b)] (2) the attorney for the Commonwealth consents to the dismissal; and
[(c)] (3) satisfaction has been made to the aggrieved person or there is an agreement that satisfaction will be made to the aggrieved person; and
[(d)] (4) there is an agreement as to who shall pay the costs.
Comment This rule applies only to courts of common pleas. Neither justices of the peace, district justices, Philadelphia Municipal Court judges, Pittsburgh Police Magistrates, nor any other issuing authority may dismiss a case under this rule, but rather only as provided in Rule [145] 546.
This rule [was amended in 1983 to set] sets forth concisely the criteria a defendant must satisfy before the court has the discretion to order dismissal under this rule.
Official Note: Rule 315 [Adopted] adopted June 30, 1964, effective January 1, 1965; amended September 18, 1973, effective January 1, 1974; [; formerly Rule 315,] renumbered Rule 314 and 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; amended January 28, 1983, effective July 1, 1983; renumbered Rule 586 and amended March 1, 2000, effective April 1, 2001.
Committee Explanatory Reports:
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Rule 328. [Photography and Broadcasting in the Courtroom and its Environs] (Rescinded).
[The taking of photographs in the courtroom or its environs or radio or television broadcasting from 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, is prohibited. The environs of the courtroom is defined as the area immediately surrounding the entrances and exits to the courtroom.
This rule is not intended to prohibit the taking of photographs or radio or television broadcasting of proceedings such as naturalization ceremonies or the swearing in of public officials which may be conducted in the courtroom.
Comment See also Rule 27 for provisions concerning publicity of preliminary hearings and summary trials.
This rule is not intended to preclude the use of recording devices for the preservation of testimony as permitted by Rules 9015 and 9015A.]
Official Note: Rule 328 [Adopted] 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; rescinded and replaced by new Rule 112 March 1, 2000, effective April 1, 2001.
Committee Explanatory Reports:
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Rule 340. [Suspension of Acts of Assembly] (Rescinded).
[The following Acts of Assembly are hereby suspended:
(a) 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., only insofar as inconsistent with Rule 316.
(b) 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, only insofar as it may delay disclosure to a defendant seeking discovery under Rule 305B(1)(g), as inconsistent with Rule 305; and Section 5721(b) of the Act, 18 Pa. C.S. § 5721(b), only insofar as the time frame for making a motion to suppress is concerned, as inconsistent with Rules 307 and 323.
Comment Paragraphs (a)--(d) and (f) were deleted in 1983 as unnecessary in view of the Judiciary Act Repealer Act, which repealed the Acts of Assembly that were suspended by those paragraphs. See Act of April 28, 1978, P. L. 202, No. 53, § 2(a); 42 P. S. § 20002(a) [191], [377], [451], [656], [658], [691], [799], [1310], [1341] (1979). Former paragraph (e), now paragraph (a), was amended at the same time in view of the Public Defender Act, which replaced the Acts that were previously suspended by that paragraph. Former paragraph (g) is retained in full and renumbered paragraph (b).]
Official Note: [This rule] Rule 340 [combines] combined former Rules 321 and 322, which were the previous suspension rules. Adopted June 29, 1977, effective September 1, 1977; amended April 24, 1981, effective June 1, 1981; amended January 28, 1983, effective July 1, 1983; rescinded and replaced by Rule 1101 March 1, 2000, effective April 1, 2001.
Committee Explanatory Reports:
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
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 impaneled 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) When alternate jurors are selected in trials involving only one defendant, the defendant and the Commonwealth shall each be entitled to one peremptory challenge for each [two] 2 alternate jurors to be selected. When alternate jurors are selected in trials involving joint defendants, each defendant shall be entitled to one peremptory challenge for each [two] 2 alternate jurors to be selected and the Commonwealth shall be entitled to peremptory challenges equal in number to the total number of peremptory challenges given to all of the defendants. All peremptory challenges remaining unexercised after the selection of the principal [twelve] 12 jurors shall be considered exhausted, and in no case may the challenges reserved for the selection of alternates be added to the number allowed during the selection of the principal [twelve] 12.
[(c)] (C) Alternate jurors shall be examined, challenged, and selected in the same manner as the principal jurors.
[Continued on next Web Page]
[Continued from previous Web Page] Comment The last two sentences of paragraph (A) were moved to new Rule 645 as part of the reorganization of the rules in 2000.
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.
Official Note: 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 March 1, 2000, effective April 1, 2001.
Committee Explanatory Reports:
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Rule [1117] 602. Presence of the Defendant.
[(a)] (A) The defendant shall be present [at the arraignment,] at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by this rule. The defendant's absence without cause shall not preclude proceeding with the trial including the return of the verdict.
[(b)] (B) A corporation may appear by its attorney for all purposes.
[(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.]
Comment [Paragraph] Former Rule 1117(c) was moved to Rule 642 (Trial de novo) in 2000 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].
Official Note: 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 March 1, 2000, effective April 1, 2001.
Committee Explanatory Reports:
FORMER RULE 1117:
Final Report explaining the October 28, 1994 amendments published with the Court's Order at 24 Pa.B. 5841 (November 26, 1994).
FORMER RULE 602:
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Rule 1415. [Suspension of Acts of Assembly] (Rescinded).
[The following Acts of Assembly are hereby suspended:
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 as being inconsistent with the rules of this Chapter.
Comment This rule was amended in 1995 for several reasons:
(1) the Vehicle Code repealed and replaced the Act of April 29, 1959, P. L. 32, § 1206.1, which had been suspended by former paragraph (f);
(2) the JARA Continuation Act of 1980 (Act 1980-142, § 41) transferred the Sentencing Code provisions suspended by former paragraph (g) from the Crimes Code (Title 18) to the Judicial Code (Title 42);
(3) the Act of November 26, 1978, P. L. 1316, No. 319, § 2 repealed §§ 1381 and 1382 of the Act of December 30, 1974, which had been suspended by former paragraph (g); and
(4) the Judiciary Act Repealer Act repealed the other acts that were suspended by this rule. 42 P. S. § 20002(a) [150], [377], [931], [955], [1007], [1188], [1202], [1287], [1335] (1982).]
Official Note: Rule 1415 [Adopted] 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; rescinded and replaced by Rule 1101 March 1, 2000, effective April 1, 2001.
Committee Explanatory Reports:
Final Report explaining the August 14, 1995 amendments published with the Court's Order at 25 Pa.B. 3472 (August 26, 1995).
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Rule 2020. [Suspension of Acts of Assembly--Chapter 2000] (Rescinded).
[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 2011, is hereby suspended only insofar as it is inconsistent with Rules 2005, 2006, and 2011.]
Official Note: Rule [Adopted] adopted September 3, 1993, effective January 1, 1994; rescinded March 1, 2000, effective April 1, 2001, and replaced by Rule 1101.
Committee Explanatory Reports:
Report explaining the provisions of the new rule published at 21 Pa.B. 3681 (August 17, 1991).
Final report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
PART IV. APPENDIX TABLE OF CONTENTS 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 Authority 130. 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 Philadelphia 140. 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 the 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. PART 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 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; Continuances. 543. Disposition of Case at Preliminary Hearing. 544. Reinstituting Charges Following Withdrawal or Dismissal. 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. 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: Stays of Execution of Sentence; 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.
DERIVATION TABLENew 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 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 [Continued on next Web Page]
[Continued from previous Web Page] New Rule Former Rule 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; Continuances. Former Rule 141 543. Disposition of Case at Preliminary Hearing. Former Rule 142 544. Reinstituting Charges Following Withdrawal or Dismissal. 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 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: Stays of Execution of Sentence; 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 46287. 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; Continuances. New Rule 542 142. Disposition of Case at Preliminary Hearing. New Rule 543 143. Reinstituting Charges Following Withdrawal or Dismissal. 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 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 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 645 1109. 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. 00-469. Filed for public inspection March 17, 2000, 9:00 a.m.]
