1453 Consolidated rules of court; no. 52 misc. 2001

Title 255--LOCAL
COURT RULES

SOMERSET COUNTY

Consolidated Rules of Court; No. 52 Misc. 2001

[31 Pa.B. 4396]

Adopting Order

   And Now, this 19th day of July, 2001, it is hereby Ordered:

   1.  The following designated Somerset County Rules of Criminal Procedure (Som.R.Crim.P.) are rescinded, effective thirty (30) days after publication in the Pennsylvania Bulletin:

   Som.R.Crim.P. 130.  Procedure In Court Cases Initiated By Arrest Without Warrant.

   Som.R.Crim.P. 1123.  Post-Verdict Motions.

   2.  The following Somerset County Rules of Criminal Procedure are amended to read in their entirety, and renumbered, as reflected in copies of Rules following hereto, effective thirty (30) days after publication in the Pennsylvania Bulletin:

		New Rule
	Existing Rule	No.
4.	Citation Of Rules	102
30.	District Justices. Transmission Of Copy Of Criminal Complaint To Court.	20
107.	Approval Of Police Complaints And Arrest Warrant Affidavits.	507
176.	Accelerated Rehabilitative Disposition. Motions And Criteria.	310
177.	ARD. Procedure.	311
182.	ARD. Conditions Of The Program.	316
200.	Grand Jury Abolished.	220
303.	Arraignment.	571
303.1	Form Of Notice Of Arraignment And Trial.	571.1
303.2	Form Of Notice To Appear For Pleading And For Trial.	571.2
303.3	Form Of Notice To Appear For Trial.	571.3
303.4	Form Of Appearance And Waiver Of Arraignment.	571.4
316.	District Justices. Transmission Of Public Defender Applications To Court.	122
319.	Guilty Plea.	590
1100.1	Criminal Trial Scheduling.	600.1
1100.2	Criminal Trial Scheduling Conference.	600.2
1100.3	Criminal Trial Schedule.	600.3
1100.4	Selection Of Criminal Juries.	600.4
1116.	Trial Procedure And Order Of Proof.	604
1409.	Revocation Petition.	708
1409.1	Revocation Procedure. Detention.	708.1
1409.2	Revocation Procedure If Detention Not Warranted.	708.2
1409.3	Revocation Hearing.	708.3
1409.4	Temporary Detainer.	708.4
1409.5	Revocation Process.	708.5
1409.6	Revocation. Waiver Of Time.	708.6
1409.7	Form. Petition For Revocation.	708.7
1409.8	Form. Process Motion.	708.8
1409.9	Form. Scheduling Motion For Revocation Hearing.	708.9
2002A	Approval Of Search Warrant Application By Attorney For The Commonwealth.	202
9020.	Scheduling Of Argument And Hearing On Motions.	574
9020.1	Preparation And Form Of Orders And Decrees.	574.1
9040.	Briefs.	1200

   3.  The Somerset County Court Administrator is directed to:

   A.  File seven (7) certified copies of this Order and the following Rules with the Administrative Office of Pennsylvania Courts.

   B.  Distribute two (2) certified copies of this Order and the following Rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   C.  File one (1) certified copy of this Order and the following Rules with the Pennsylvania Criminal Procedural Rules Committee.

   D.  File proof of compliance with this Order in the docket for these Rules, which shall include a copy of each transmittal letter.

By the Court

EUGENE E. FIKE, II,   
President Judge

RULES OF COURT

District Justices--Procedure

Som. R.Crim.P. 20.  District Justices. Transmission Of Copy Of Criminal Complaint To Court.

   Each District Justice shall transmit to the Clerk of Courts the District Attorney's copy of each criminal complaint, promptly after the same is filed with the District Justice. The Clerk of Courts shall promptly transmit to the District Attorney a copy thereof as provided in Som. R.J.A. 4001.B.

Citation of Rules.

Som. R.Crim.P. 102.  Citation of Rules.

   These Rules shall be known as the Somerset County Rules of Criminal Procedure and shall be cited as ''Som. R. Crim. P.''

Public Defender--Applications

Som. R.Crim.P. 122.  District Justices. Transmission Of Public Defender Applications To Court.

   Each District Justice shall transmit to the Office of the Public Defender all applications for assignment of counsel in criminal cases, promptly after the same are received by the District Justice. The Public Defender shall be re- sponsible for filing the same with the Clerk of Courts promptly following return of the case to court.

Search Warrant.

Som. R.Crim.P. 202.  Approval Of Search Warrant Applications By Attorney For The Commonwealth.

   The District Attorney of Somerset County having filed a certification pursuant to Pa. R.Crim.P. 202, search warrants in the following circumstances: Search warrants the application for which is filed in Somerset County, shall not hereafter be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing.

Grand Jury

Som. R.Crim.P. 220.  Grand Jury Abolished.

   The indicting Grand Jury is abolished.

Note: See No. 71 Miscellaneous 1973.

ARD

Som. R.Crim.P. 310.  Accelerated Rehabilitative Disposition. Motions And Criteria.

   A.  A separate written motion shall be prepared for each docketed case for which ARD disposition is recommended. After filing in the office of the Clerk of Courts, the motions shall be presented to the court in accordance with Motions Judge practice, prior to scheduling the case for ARD hearing.

   B.  Motions for ARD disposition shall contain the following:

   1.  A statement of all offenses with which defendant is presently charged in this court; and

   2.  A statement of all offenses with which defendant is presently charged in any other jurisdiction which are known; and

   3.  Written statements of the criminal and motor vehicle records of the accused, if any, and if none, so stating, certified respectively by the appropriate official of the Department of Transportation, and the Clerk of Courts or other public official or authorized deputy having official custody of defendant's records, provided that in lieu of attaching such written statements to the motion, the same may be retained in the District Attorney's file and furnished to court when requested; and

   4.  Any other facts considered relevant to consideration of the motion.

   C.  ARD motions will be reviewed ex parte by the Motions Judge to determine whether the motion complies with these rules and warrants hearing, as follows:

   1.  If it appears from the face of the motion that: (a) defendant is a first offender as defined in subparagraph D. of this rule, and that (b) the offense qualifies for ARD treatment, consistent with subparagraph E. of this rule, the Motions Judge will by endorsement thereon approve the same for scheduling and transmit it to the court clerk.

   2.  If additional facts are necessary to make the determination, the District Attorney shall furnish a written statement, if requested, containing such additional facts as the court may request, which shall be attached to the motion.

   3.  If defendant is not a first offender, or if the offense charged does not qualify for ARD treatment, the Motions Judge shall disapprove the motion for scheduling unless there are exceptional and compelling reasons set forth in the motion or in an amendment or supplement thereto.

   4.  ARD motions disapproved for scheduling shall be so endorsed by the Motions Judge and transmitted to the court clerk.

   D.  A first offender within the meaning of these rules is a person who:

   1.  Has no criminal or motor vehicle record, or has a record which can fairly be classified as insignificant, and

   2.  Has not previously been admitted into the ARD program or similar dismissal program.

   E.  The following offenses do not qualify for ARD treatment:

   1.  Crimes causing death, or endangering life, or causing or threatening serious intentional personal violence. Eg. Robbery, forcible rape, assault, involuntary manslaughter, pointing a deadly weapon, etc.;

   2.  Any motor vehicle violation causing serious personal injury to another;

   3.  Drug cases which are felonies under the Controlled Substance, Drug, Device and Cosmetic Act;

   4.  Serious morals offenses involving children. Eg: statutory rape, incest, corruption of minors or children involving serious offenses, etc.;

   5.  Any offense specifically excluded by statute or Rule of Court from participation in ARD.

Som. R.Crim.P. 311.  ARD Procedure.

   Upon receipt of an endorsed ARD motion, the court clerk shall make an appropriate docket entry of the endorsed order, and shall then transmit it to the District Attorney.

   If the motion has been approved for scheduling, the District Attorney shall place the case on an argument list for transmission to the court as provided in Som. R.J.A. 1011.

   If the motion has been disapproved for scheduling, either party may request a conference with the court respecting the propriety of scheduling at which conference counsel for both parties shall be present.

Som. R.Crim.P. 316.  ARD Conditions Of The Program.

   A.  Prevailing policies of this court respecting conditions of probation, including monetary payments for program administration, upon fair and realistic payment terms, will be followed at the ARD hearing and if unacceptable will result in denial of the motion in such cases.

   B.  Nothing herein shall impair or affect the availability of the provisions of the Controlled Substance, Drug, Device and Cosmetic Act, providing for probation without verdict, disposition in lieu of trial, and expunging of criminal records.

Complaints and Warrants--Approval

Som. R.Crim.P. 507.  Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth.

   A.  The District Attorney of Somerset County having filed a certification pursuant to Pennsylvania Rule of Criminal Procedure 507, criminal complaints and arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedure, charging the following offenses, shall not hereafter be accepted by any judicial officer unless the complaint and affidavit have the approval of the attorney for the Commonwealth prior to filing:

   1.  Criminal Homicide in violation of Section 2501 of the Crimes Code, 18 Pa. C.S.A. § 2501;

   2.  Murder in any degree in violation of Section 2502 of the Crimes Code, 18 Pa. C.S.A. § 2502;

   3.  Voluntary Manslaughter in violation of Section 2503 of the Crimes Code, 18 Pa. C.S.A. § 2503;

   4.  Involuntary Manslaughter in violation of Section 2504 of the Crimes Code, 18 Pa. C.S.A. § 2504;

   5.  Homicide by Vehicle in violation of Section 3732 of the Vehicle Code, 75 Pa. C.S.A. § 3732; and

   6.  Homicide by Vehicle While Driving Under the Influence in violation of Section 3735 of the Vehicle Code, 75 Pa. C.S.A. § 3735.

Arraignment And Notice

Som. R.Crim.P. 571.  Arraignment.

   A.  Arraignment shall be scheduled not later than twenty (20) days after the information is filed, except that later arraignment may be scheduled for cause.

Note: For general scheduling procedures, see Som. R.J.A. 1030 et seq.

   B.  The purposes of arraignment are to assure that defendant is advised of the charges against him; to have counsel enter an appearance, or, if defendant has no counsel, to consider defendant's right to counsel; to commence the period of time within which to initiate pretrial discovery and to file other pretrial requests and motions; to insure defendant has been provided a copy of the information; and to afford defendant an opportunity to plead to the information.

   C.  After filing the information, the District Attorney shall notify defendant and defense counsel of arraignment and trial in the manner specified by Pa. R.Crim.P. 113. A copy of the information shall accompany the notice. The notice of arraignment and trial shall be in substantially the form prescribed in Som. R.Crim.P. 571.1.

   In addition, however, the District Attorney shall in all cases mail a copy of the information and notice to defendant, by first class mail. The District Attorney shall also mail a copy of the notice to the bondsman, at least ten (10) days before the arraignment date.

   D.  Defendant shall appear personally before the court at arraignment and plead to the information, unless defendant or his attorney at or before arraignment, files with the Clerk of Courts and delivers a copy to the District Attorney, a written formal appearance, waiver and agreement to appear, signed by both defendant and defense counsel, in substantially the form specified in Som. R.Crim.P. 571.4.

   E.  When a case is continued to another term after the notice of arraignment and trial has been given, said notice need not again be given unless it appears that the notice was not received by defendant and the Commonwealth has obtained another address for defendant. Instead, the Commonwealth may notify defendant as follows:

   1.  If defendant has not pleaded to all charges, notification to appear on the first day of any argument week as selected by the District Attorney which occurs at least ten days after such notice is mailed, (but not later than the next regular call of the criminal trial list) to plead to the information and stating the date, time and place of trial, in substantially the form set forth in Som. R.Crim.P. 571.2.

   2.  If defendant has pleaded not guilty to all charges, notification to appear on the specified date, time and place for trial, in substantially the form specified in Som. R.Crim.P. 571.3.

   F.  The District Attorney shall keep an appropriate office record of the names and addresses of persons notified, the date of mailing and text of the notice.

Som. R.Crim.P. 571.1.  Form Of Notice Of Arraignment And Trial.

COMMONWEALTH OF PENNSYLVANIA	)	IN THE COURT OF COMMON PLEAS
	)	OF
V.	)	SOMERSET COUNTY, PENNSYLVANIA
	)
__________	)	NO.                  CRIMINAL
(Defendant)

NOTICE OF ARRAIGNMENT AND TRIAL

To the defendant above named:

   1.   You have been formally charged with committing the criminal offense or offenses described in the Information which has been filed against you, copy of which is enclosed.

   2.   The date, time and place of arraignment on said criminal charges are as follows: ______ , the  _____ day of ______ , _____ , at 9:30 a.m. at the Courthouse, Somerset, Pennsylvania.

   3.   If you are not represented by an attorney, you must personally appear before the Court at the date, time, and place above stated in paragraph 2 of this Notice to plead guilty or not guilty to the charges. If you are represented by an attorney, you must personally appear before the Court at the date, time, and place above stated in paragraph 2 of this Notice to plead guilty or not guilty to the charges, unless (1) you and your attorney sign a waiver of appearance at arraignment in the form specified in Som.R.Crim.P. 571.4, and (2) you agree to appear personally instead at the Call of the Criminal Trial List on ______ , the ______ day of ______ , ______ , at 9:30 o'clock, a.m., at the Somerset County Courthouse in Somerset, Pennsylvania, to plead guilty or not guilty to the charges.

   4.   You have a right to the assistance of an attorney at all stages of these proceedings; if you cannot afford an attorney, one will be appointed for you without cost if you file an application for counsel. You may obtain an application form from the Clerk of Courts, District Attorney, Sheriff, or any District Justice of Somerset County, Pennsylvania. It is important that you obtain an attorney promptly to assist you in these proceedings, if you do not already have one.

   5.   You may request pretrial discovery of information, and inspection of articles or documents, in the possession of the District Attorney, pertaining to your case, if you file a written request in the Court within fourteen (14) days after the arraignment date specified above in paragraph 2 of this Notice.

   6.   You may file an omnibus motion for pretrial relief for any of the following purposes: continuance (postponement) of the trial date, severance (separate trial) of one or more of the charges against you, suppression of evidence illegally obtained, psychiatric examination, quashing (dismissing) the information for legal defects, disqualification of a Judge, pretrial conference with the Court, approval of settlement of the charges, or any other appropriate pretrial relief or assistance, if the motion is filed in the Court within thirty (30) days after the arraignment date specified above in paragraph 2 of this Notice.

   7.   You will lose your rights to file a request for pretrial discovery and inspection, and to file an omnibus motion for pretrial relief, unless a written request or motion is filed within the required period of time stated above in paragraphs 5 and 6 of this Notice, calculated from the arraignment date specified above in paragraph 2 of this Notice, or unless the period of time is extended by special Court Order for good cause.

   8.   If you plead not guilty to any of the charges against you, your trial will be scheduled for ______ , the ______ day of ______ , ______ , at 9:30 o'clock a.m., at the Courthouse in Somerset, Pennsylvania, when and where you must appear with your attorney and your witnesses prepared for trial, and must remain until the trial is completed.

   9.   If you fail to appear when required, a warrant will be issued for your arrest.

_________________
District Attorney

Som. R.Crim.P. 571.2.  Form Of Notice To Appear For Pleading And For Trial.

COMMONWEALTH OF PENNSYLVANIA	)	IN THE COURT OF COMMON PLEAS
	)	OF
V.	)	SOMERSET COUNTY, PENNSYLVANIA
	)
__________	)	NO.                        CRIMINAL
(Defendant)

NOTICE TO APPEAR FOR PLEADING AND FOR TRIAL

To the defendant above named:

   You are hereby notified that you must appear before the Court on _________________ , the ______day of ______ , ______ , at 9:30 o'clock a.m., at the Courthouse in Somerset, Pennsylvania, to plead guilty or not guilty to the criminal charges described in the Information filed against you in the above entitled proceedings.

   If you plead not guilty to any of the charges, your trial will be scheduled for _________________ , the ______ of  ______ , ______ , at 9:30 o'clock a.m., at the Courthouse in Somerset, Pennsylvania, when and where you must appear with your attorney and your witnesses prepared for trial, and must remain until the trial is completed.

   If you do not appear when required, a warrant will be issued for your arrest.

_________________
District Attorney

Som. R.Crim.P. 571.3.  Form Of Notice To Appear For Trial.

COMMONWEALTH OF PENNSYLVANIA	)	IN THE COURT OF COMMON PLEAS
	)	OF
V.	)	SOMERSET COUNTY, PENNSYLVANIA
	)
__________	)	NO.                        CRIMINAL
(Defendant)

NOTICE TO APPEAR FOR TRIAL

To the defendant above named:

   Your trial on the criminal charge or charges, to which you have pleaded not guilty in the above entitled proceedings is scheduled for  ______ , the  ______   day of   ______ , ______ , at 9:30 o'clock a.m. at the Courthouse in Somerset, Pennsylvania, when and where you must appear with your attorney and your witnesses prepared for trial, and must remain until the trial is completed.

   If you do not appear, a warrant will be issued for your arrest.

_________________
District Attorney

Som. R.Crim.P. 571.4.  Form Of Appearance And Waiver Of Arraignment.

COMMONWEALTH OF PENNSYLVANIA	)	IN THE COURT OF COMMON PLEAS
	)	OF
V.	)	SOMERSET COUNTY, PENNSYLVANIA
	)
__________	)	NO.                        CRIMINAL
(Defendant)

APPEARANCE OF COUNSEL AND
WAIVER OF APPEARANCE AT ARRAIGNMENT

   1.   The undersigned attorney enters an appearance for defendant in the above captioned case.

   2.   Defendant acknowledges receipt of the Notice of Arraignment (for the  ______  day of  ______ , ______ ), and Trial (for the  ______  day of ______ , ______ ), and receipt of a copy of the Information(s) in the above captioned cases(s).

   3.   Defendant understands the nature of the charges, the rights and duties of defendant pertaining to arraignment as stated in said Notice and particularly in Rules of Criminal Procedure 572 (Bill of Particulars), 573 (Pretrial Discovery and Inspection), and 578-579 (Omnibus Pretrial Motion). Defense counsel has discussed these rights and duties with defendant, and believes defendant sufficiently understands them.

   4.   Defendant waives appearance at arraignment and agrees to appear at the next scheduled Call of the List on the  ______  day of ______ , ______ , to plead to the Information(s).

___________________________	___________________________
Printed Name of Attorney	Attorney for Defendant
	___________________________
	Defendant

 

Argument Case Procedure

Som. R.Crim.P. 574.  Scheduling Of Argument And Hearing On Motions.

   A.  An ''argument'' case is any case ready for non-trial hearing or argument before the court.

   B.  All argument cases shall be scheduled for argument or hearing only upon the filing of a scheduling praecipe in the form specified in Som. R.J.A. 1099, available through the Court Administrator's office or Prothonotary's office, except the following argument cases, which shall be scheduled, sec reg., by the Court Administrator without a scheduling praecipe:

   1.  Argument cases on the District Attorney's list (Somerset R.J.A. 1011.B.); and

   2.  Motions, petitions and applications for pretrial relief, including motions to quash, discovery motions, motions for pretrial conference, motions to suppress, omnibus pretrial motions and the like. Such matters shall first be filed with the Clerk of Courts who shall promptly transmit the same to the Court Administrator. If the case is on the criminal trial list for the coming trial session, all such motions shall be scheduled for disposition as soon as possible, and in all events before the scheduling conference held preceding the trial session. Otherwise, such matters shall be scheduled sec reg.

   3.  Post-sentence motions. Such motions shall first be filed with the Clerk of Courts who shall promptly transmit the same to the Court Administrator for scheduling sec reg. In addition, defense counsel shall immediately provide a copy of the motion to the Judge who presided at trial.

   4.  Any case in which a Judge of the Court has fixed a date for hearing or argument.

Preparation of Orders

Som. R.Crim.P. 574.1.  Preparation And Form Of Orders And Decrees.

   A.  Unless otherwise directed by the court, decrees and orders requested by a party shall be drafted by the attorney at whose instance they are to be made, and shall be submitted to the court for approval.

   B.  All proposed orders presented to the court, whether by an attorney, court staff or department, or other person, shall list thereon the names of all counsel in the case (of record and known, including counsel for applicant), and shall indicate the party represented by each (e.g., for plaintiff, for defendant, for petitioner, for respondent, etc.).

Note:  Nothing herein is intended to alter the present practice of the court reporters in preparing court orders.

Plea

Som. R.Crim.P. 590.  Guilty Plea.

   When a guilty plea is entered, the District Attorney shall cause the information or plea to be endorsed with the name of the presiding Judge.

Trial Procedure

Som. R.Crim.P. 600.1.  Criminal Trial Scheduling.

   A.  The call of the criminal trial list shall be held on the second Monday preceding the beginning of the trial session, or at such other time established by the court.

   B.  At the call of the criminal trial list, all trial counsel must, unless excused by the court for cause, be present to report readiness for trial, and all defendants who have not previously pleaded to all charges shall be present for that purpose, unless the court grants, or has granted, leave to plead on another date.

   C.  At the call of the list, the report of readiness for trial means that: All parties, witnesses, and counsel will (barring unexpected subsequent causes) be available, prepared and present for trial, on the scheduled trial date and throughout the trial session until the case is called and trial completed. The readiness report is a professional commitment to the court and to all others in the case as above defined. Therefore, the readiness report certifies that reporting counsel has made the necessary recent inquiries of parties and witnesses in advance so that the readiness report will be informed and dependable.

   Accordingly, if readiness is qualified in any way for any reason, the court must be informed thereof at the time of the call of the list, and facts which existed and should have been discovered before the readiness report are not cause for later continuance.

Trial Procedure

Som. R.Crim.P. 600.2.  Criminal Trial Scheduling Conference.

   A scheduling conference shall be held on the Wednesday preceding the beginning of the trial session. All trial counsel must, unless excused by the court for cause, be present to report on scheduling. If readiness is qualified in any way for any reason, the court must be informed thereof, and facts which existed and should have been discovered before the scheduling conference are not cause for later continuance.

Som. R.Crim.P. 600.3.  Criminal Trial Schedule.

   A.  Not later than Friday of the week preceding the beginning of the trial session, the Court Administrator shall issue a criminal trial schedule for the session.

   B.  All juries will be selected on the first day of the trial session. Further trial proceedings, however, shall be conducted on the dates and times shown on the trial schedule, or as soon thereafter as the preceding case is concluded.

Som. R.Crim.P. 600.4.  Selection Of Criminal Juries.

   Juries for all criminal jury trials shall be selected in accordance with the following procedure:

   A.  Juries for all cases on the trial schedule shall be selected on the first day of the trial session.

   B.  The jury will not be sworn until the date scheduled for commencement of testimony.

   C.  Before the jury is sworn, counsel will be permitted additional voir dire, upon request.

Note:  For general scheduling procedures, see Som. R.J.A. 1030, et seq.

Som. R.Crim.P. 604.  Trial Procedure And Order Of Proof

   A.  The order in which evidence is presented by a party within the party's case-in-chief, or within rebuttal or surrebuttal, rests primarily with trial counsel; but no evidence shall be presented otherwise out of order without prior notice to the opponent and consent of the Trial Judge.

   B.  Trial counsel shall have all witnesses and other evidence present and available in court when needed, without delaying the trial, unless other arrangements are specially made in advance with the Trial Judge after notice to the opponent. If witnesses are excused from attendance at trial without prior approval of the Trial Judge, sanctions may be imposed, which may include exclusion of the witness' testimony.

   C.  Trial sessions shall begin at the date and time shown on the court schedule, unless otherwise ordered by the Trial Judge. Duration of trial sessions will be determined by the Trial Judge as the trial progresses. Counsel shall not rely on any particular time of day for recess or adjournment unless and until announced by the Trial Judge.

   D.  Counsel are encouraged to consult with the Trial Judge and other counsel concerning trial logistical problems as soon as the problem arises or becomes probable.

Probation And Parole.

Som. R.Crim.P. 708.  Revocation Petition.

   A.  Whenever a probation officer or the District Attorney has reason to believe that a probationer or parolee of this court has violated any condition of his probation or parole which warrants revocation, he shall prepare a petition for revocation setting forth:

   1.  The name of the sentencing Judge;

   2.  The date of the order of probation or parole and the term thereof;

   3.  The offense or offenses in which probation or parole was granted;

   4.  The specific condition or conditions violated and the facts of violation;

   5.  The name of defense counsel of record.

   B.  If the District Attorney is not the petitioner, the petition shall (except in juvenile cases) bear approval of the District Attorney or his designated assistant unless the court approves the filing without such approval.

   C.  The probation officer shall consult with the District Attorney or his designated assistant and seek his advice and counsel concerning the propriety of, and grounds for, revocation of probation or parole. Such consultation shall be arranged according to procedures mutually agreeable to said officers, preferably before preparation of the petition when time permits.

Note:  See Som. R.Crim.P. 708.7 for suggested form of revocation petition.

Som. R.Crim.P. 708.1.  Revocation Procedure. Detention.

   If in the opinion of petitioner the violation warrants detention of defendant pending revocation hearing on the merits of the petition, the following procedures shall be followed:

   A.  Petitioner shall present to the court the petition and a motion for process. Following the court's action on the motion, the petition and motion and order thereon shall be delivered to the Court Administrator for filing and distribution sec reg, provided that the copies for defendant and his counsel shall be delivered promptly to petitioner for service as hereinafter provided.

Note:  For suggested form of motion and order for process, see Som. R.Crim.P. 708.8.

   B.  If process is denied, the case shall proceed without pre-hearing detention as prescribed in Som. R.Crim.P. 708.2.

   C.  If process is awarded, defendant shall be arrested and detained, provided, however, that:

   1.  Defendant shall not be detained for more that ten (10) days (72 hours for a juvenile) after incarceration in the Somerset County Jail on such process, without a detention hearing to determine whether there is reasonable cause to believe that defendant has violated a condition or conditions of probation or parole and that continued detention pending revocation hearing is warranted; and

   2.  Defendant shall not continue to be detained for revocation hearing for more than thirty (30) days (10 days for a juvenile) after the detention hearing; and

   3.  Defendant may at any time make application to the court for release on bail.

   D.  When defendant is placed in custody on the process, petitioner shall promptly present to the Court Administrator a motion to schedule a detention hearing which the Administrator shall promptly grant by making a scheduling order in behalf of the court, scheduling detention hearing within ten (10) days (72 hours if a juvenile) after defendant was placed in custody in the Somerset County Jail on the process.

Note:  For suggested form of motion and order for scheduling, see Som. R.Crim.P. 708.9.

   E.  Upon making the scheduling order, the Administrator shall file the motion and order in the clerk's office, and shall make distribution of copies thereof sec reg provided that copies for defendant and his counsel shall be promptly delivered to petitioner for service.

   F.  Petitioner shall promptly serve or cause to be served upon defendant personally a copy of the revocation petition and motions and orders for process and hearing, and shall promptly furnish a copy thereof to defendant's counsel.

   G.  At the detention hearing, the court shall determine from the evidence presented whether there is reasonable cause to believe that defendant has violated a condition or conditions of his probation or parole and whether under the circumstances, continued detention pending the revocation hearing is warranted.

   1.  If it is determined that there is not reasonable cause to believe that defendant has violated a condition of his probation or parole, the petition shall be dismissed and defendant discharged.

   2.  If it is determined that there is reasonable cause to believe that defendant has committed such a violation, the court shall:

   a.  Fix a date and time for revocation hearing which shall not be earlier than ten (10) days after service of the petition upon defendant and his counsel, and

   b.  Order defendant's continued detention or his release on bail or his discharge from custody until revocation hearing. If detention is continued, the revocation hearing shall be scheduled and held not more than thirty (30) days after the detention hearing (10 days for a juvenile).

Som. R.Crim.P. 708.2.  Revocation Procedure If Detention Not Warranted.

   If in the opinion of petitioner the violation does not warrant detention of defendant pending revocation hearing, or if a motion for process is denied, the following procedure shall be followed:

   A.  Petitioner shall present to the Court Administrator the petition accompanied by a motion to schedule a revocation hearing which the Administrator shall promptly grant by making a scheduling order in behalf of the court, scheduling such hearing sec reg. unless prompt hearing is requested by petitioner. The Administrator shall file and distribute the petition, motion and order sec reg. provided that copies for defendant and his counsel shall be delivered promptly to petitioner for service on defendant and his counsel as hereinafter provided.

   B.  Petitioner shall serve or cause to be served upon defendant personally a copy of the revocation petition and hearing order and furnish a copy thereof to his counsel, at least ten (10) days prior to the hearing date.

Som. R.Crim.P. 708.3.  Revocation Hearing.

   At the revocation hearing, the court shall determine from evidence presented whether defendant has violated a condition or conditions of probation or parole which warrants revocation thereof. If revocation is refused, the petition shall be dismissed and defendant discharged. If revocation is ordered, the petition shall be granted and an order of revocation made. If probation is revoked, sentence may be deferred for a reasonable time to obtain a pre-sentence investigation report or for other cause.

   Note:  ''The focus of a probation violation hearing . . . is whether the conduct of the probationer indicates that the probation has proven to be an effective vehicle to accomplish rehabilitation and a sufficient deterrent against future anti-social conduct.'' Commonwealth v. Kates, 452 Pa. 102, 114-5 (1973).

Som. R.Crim.P. 708.4.  Temporary Detainer.

   In case of a clear emergency when no Judge of the court is available to make an order awarding process, a probation officer may without court order issue a temporary detainer as process for detention of defendant pending further proceedings, provided that the officer shall, if possible, obtain oral approval of a Judge or, if the Judge is unavailable, of his immediate supervisor. Such temporary detainer shall be valid only until a Judge of the court is available when the petition and motion for process shall be presented as herein provided.

   In case of a probation violation when no Judge of the court is available to make an order awarding process, the petitioning officer may without court order issue a temporary detainer not to exceed 48 hours as process for incarceration of defendant. A written report will be submitted to the sentencing Judge within 24 hours or the next working day. If possible, the officer will obtain oral approval from either Judge to incarcerate the defendant under a detainer.

Som. R.Crim.P. 708.5.  Revocation Process.

   Process may be applied for and issued for cause at any time in aid of revocation proceedings, subject to detention hearing and restrictions as above provided in Som. R.Crim.P. 708.1, and subject to defendant's right to apply for bail at any time.

Som. R.Crim.P. 708.6.  Revocation. Waiver Of Time.

   The time and other restrictions imposed upon revocation proceedings in these rules may be voluntarily waived by the parties with approval of the court.

Som. R.Crim.P. 708.7.  Form. Petition For Revocation.

   The petition for revocation shall be in substantially the following form:

COMMONWEALTH	)	IN THE COURT OF COMMON PLEAS
	)	OF
V.	)	SOMERSET COUNTY, PENNSYLVANIA
	)
	)	NO.                        CRIMINAL

PETITION FOR REVOCATION OF PROBATION/PAROLE

TO THE HONORABLE JUDGES OF SAID COURT:

   This petition respectfully represents:

   1.   Petitioner is  _____________________________________ .
(State name and title of officer seeking revocation)

   2.   Defendant named above was placed on probation/parole by  ______ , J., on the  ______  day of ______ , ______ , for a term of   years on charges of _________________ , in the above captioned proceedings.

   3.   Defendant has violated his probation/parole as follows (state specific conditions violated and facts of violation):
 
__________
 
__________

   4.   Counsel for defendant of record is  ___________________________ , Esquire.

   WHEREFORE, petitioner prays the court after hearing to revoke defendant's probation/parole.

	__________
	Petitioner
Sworn and subscribed before me this ____ day of ______ ,  ____ .
___________________________	___________________________
	District Attorney

Som. R.Crim.P. 708.8.  Form. Process Motion.

   The motion and order for process shall be in the following form:

COMMONWEALTH	)	IN THE COURT OF COMMON PLEAS
	)	OF
v.	)	SOMERSET COUNTY, PENNSYLVANIA
	)
	)	NO.                        CRIMINAL

MOTION FOR PROCESS

   NOW, this  ______  day of  ______ , ______ , petitioner believing that detention of defendant pending hearing on the petition for revocation of probation/parole filed in the above proceedings is warranted because of

            [   ]  the seriousness of the alleged violation;

            [   ]  the likelihood of defendant's nonappearance for hearing;

            [   ]  other  _____________________________________ .

petitioner moves the court to award process for defendant's arrest and detention pending hearing on the revocation petition.

__________
Petitioner

ORDER FOR PROCESS

   NOW, this  ______  day of  ______ , ______ , process is awarded as prayed for and a warrant is issued for defendant's arrest.

BY THE COURT:
__________
J.      

Som. R.Crim.P. 708.9.  Form. Scheduling Motion For Revocation Hearing.

   The motion to schedule hearing and scheduling order shall be in substantially the following form:

COMMONWEALTH	)	IN THE COURT OF COMMON PLEAS
	)	OF
V.	)	SOMERSET COUNTY, PENNSYLVANIA
	)
__________	)	NO.                        CRIMINAL

MOTION TO SCHEDULE HEARING

   NOW, this  ______  day of  ______ , ______ , petitioner moves the court to fix a date and time for hearing on the petition for revocation of probation/parole filed in the above proceedings as follows:

   [   ]  A detention hearing within ten (10) days of  ______ , ______ , when defendant was incarcerated in the Somerset County Jail on process awarded in this proceeding; or

   [   ]  A revocation hearing to be held [      ] sec reg/ [   ] promptly, preliminary detention not presently contemplated.

__________
Petitioner

SCHEDULING ORDER

   NOW, this  ______  day of ______ , ______ , the petition for revocation of probation/parole is scheduled for

   [   ]  detention hearing

   [   ]  revocation hearing

on  ______ , the  ______  day of ______ , ______ , at ______ a.m. in Courtroom No.  ____  at the Courthouse in Somerset, Pennsylvania, when and where all parties shall appear with their witnesses.

BY THE COURT:
__________
J.      

ATTEST:  _________________
               Court Administrator

Briefs

Som. R.Crim.P. 1200.  Briefs.

   A.  Hearings on Suppression or Omnibus Pre-Trial Motions. The moving party shall include in the motion, or shall file a separate memorandum containing, a summary of the legal issues involved or citation of authorities relied upon, stating the principle of law for which each authority is cited. If separate memorandum is utilized, it shall be filed not later than 10 days before the scheduled hearing date or at the hearing if earlier scheduled. The opponent shall file a response not later than calling of the case for hearing.

   B.  In all other cases, briefs shall be filed when ordered by the court. Unless the Order specifies otherwise, the moving party's brief shall be filed within 20 days of the Order and the reply brief within 10 days thereafter.

[Pa.B. Doc. No. 01-1453. Filed for public inspection August 10, 2001, 9:00 a.m.]