1559 Rescission, adoption and promulgation of the criminal rules of the court of common pleas; no. M.A. 2001

YORK COUNTY

Rescission, Adoption and Promulgation of the Criminal Rules of the Court of Common Pleas; No. M.A. 2001

[31 Pa.B. 4646]

Administrative Order

   And Now, To Wit, this 1st day of August, 2001, It Is Ordered that the following Rules of this Court are hereby Rescinded, Adopted and Promulgated in accordance with the draft and recommendation prepared and submitted by the Committee on Local Rules of Court of the York County Bar Association based upon the renumbered Pennsylvania Rules of Criminal Procedure adopted March 1, 2001, effective April 1, 2001, and provisions of Pa.R.Crim.P.105(2), as follows:

   (1)  Rule 1 (A)(B), Rule 3 (A)(B)(C)(D), Rule 20, Rule 20.1 (A)(B), Rule 20.2, Rule 86, Rule 88 (A)(B)(C)(D)(E), Rule 303 (A)(B)(C), Rule 303.1 (A)(B)(C), Rule 306, Rule 307 (A)(B)(C), Rule 308, Rule 570 (A)(B), Rule 1100, Rule 1130 (A)(B)(C), Rule 1410 (A)(B)(C)(D), Rule 4007, Rule 4016 (A)(B), inclusive, are hereby rescinded.

   (2)  Rule 102 to Rule 526 are hereby adopted and promulgated as set forth in the following text filed herein.

   It Is Ordered that this Administrative Order shall be effective thirty (30) days after the publication thereof in the Pennsylvania Bulletin and shall govern all matters then pending.

   It Is Further Ordered that in accordance with Pa.R.Crim.P. 105 (C), the District Court Administrator shall:

   (a)  furnish seven (7) certified copies hereto with the Administrative Office of Pennsylvania Courts

   (b)  distribute two (2) certified copies hereof with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

   (c)  file one (1) certified copy hereof with the Criminal Procedure Rules Committee;

   (d)  cause to be printed an adequate supply of the Rules hereby adopted and promulgated for distribution to the Judges and the Members of the Bar of this Court, and for sale at cost to any other interested parties, such printing to be done at the expense of the County of York in accordance with the provisions of the Act of July 9, 1976, P. L. 586, Sec. 2, 42 Pa.C.S.A. § 3722.

   (e)  supervise the distribution hereof to all Judges and all Members of the Bar of this Court.

By the Court

JOHN H. CHRONISTER,   
President Judge

CHAPTER 1--GENERAL PROVISIONS

Rule 102--Citation and Application:

   (A)  These Rules may be cited and referred to as ''York Rules of Criminal Procedure'', or abbreviated as ''York R.Crim.P.''

   (B)  These Rules shall apply to all proceedings of a criminal nature, including summary proceedings and court cases, pending before the Court of Common Pleas of York County.

   (Effective ______ , 2001/Former Rule 1)

Rule 103--Definitions:

   (A)  Unless otherwise indicated, reference to ''Judge'' shall mean the Judge of the Court of Common Pleas of York County to whom the case is assigned, or in his absence, any other Judge of the Court.

   (B)  Unless otherwise indicated, reference to the ''District Attorney'' shall also mean an assistant district attorney, deputy district attorney or prosecutor, assistant attorney general, or other special attorney assigned to prosecute a case.

   (C)  In the cases where a defendant proceeds pro se, reference to a defendant's attorney shall mean the defendant.

   (D)  The singular shall include the plural, and the plural the singular. Words used in their masculine gender shall include the feminine and neuter. Words used in the past or present tense shall include the future.

   (Effective ______ , 2001/Formerly Rule 3)

Part A--Business of the Court

Rule 111--Release of Information:

   All Court House personnel, including, among others, Sheriffs, Sheriff's deputies, court clerks, law clerks, tipstaves, court reporters, secretaries and other support staff, are prohibited from disclosing any information relating to a pending criminal case that is not part of the public record of the case, unless authorized by the Court. This rule also precludes disclosure of any information whether acquired at a formal or informal judicial proceeding.

   (Effective ______ , 2001/Formerly Rule 20)

Rule 111.1--Restriction on Removal of Records and Files:

   (A)  No file containing original documents, nor any original documents contained therein, may be removed from the Office of the Clerk of Courts, except by special order of the Court, by anyone other than the following:

   (1)  A Judge of the Court or his authorized representative;

   (2)  The District Court Administrator;

   (3)  The Clerk of Courts and regularly employed and duly authorized employees of that office.

   (B)  Every person authorized to remove a file or document shall, at the time of removal, give to the Clerk of Courts a written receipt for same, identifying the person by whom, or in whose behalf, the same is removed, and such person shall be personally responsible for the custody and return of the [same] file or document.

   (Effective ______ , 2001/Formerly Rule 20.1)

Part C--Venue, Location, and Recording of Proceeding Before Issuing Authority

Rule 135--Transmittal of Records to the District Attorney:

   Upon receipt and filing of the records from District Justices, the Clerk of Courts shall forthwith cause to be made a copy of each complaint, citation, transcript, and other documents relevant and material to the cause of action, and shall forthwith transmit copies to the District Attorney, and, if an appeal is taken from a violation of a municipal ordinance, then also to the solicitor of the municipality or municipal agency involved.

   (Effective ______ , 2001/Formerly Rule 20.2)

Chapter 4--Procedure in Summary Cases

Part F--Procedures in Summary Cases for Appealing to Court of Common Please for a Trial De Novo

Rule 461--Appeal as Supersedeas:

   An appeal filed with the Clerk of Courts shall operate as a supersedeas to the sentence imposed by the District Justice.

   (Effective ______ , 2001/Formerly Rule 86)

Rule 462--Pre-Trial Summary Motions:

   (A)  The Court shall hear and dispose of all pre-trial motions directly prior to the summary appeal trial.

   (B)  Only motions to dismiss a case for technical defects that are evident from an inspection of the record, or motions upon a stipulated set of facts may be considered prior to the summary appeal trial.

   (C)  The motions shall be made, in writing, and filed with the Clerk of Courts at least five (5) days prior to the date set for trial. The motions shall contain a specific averment of the defect, with reference to the record and a citation to any authorities relied upon. A brief need not accompany any motion.

   (D)  A copy of all motions shall be forthwith served upon the District Attorney, or if applicable, the opposing attorney or to the solicitor of the municipality or municipal agency involved. An answer is not required.

   (E)  No case will be continued unless application, by motion or on a form approved by the Court, is made to the Court at the time set for the summary appeal trial, except for cause arising subsequent to that date.

   (Effective ______ , 2001/Formerly Rule 88)

Chapter 5--Pretrial Procedures in Court Cases

Part C(1)--Release Procedures

Rule 526--Notification to Bondsmen:

   (A)  During the period of time that any defendant shall be released from custody by the posting of bail, notices of the requirement of the defendant's appearance before the Court, pursuant to the terms and conditions of said bail, shall be given by the District Attorney and/or Clerk of Courts, both to the defendant and to his surety. Such notice shall be sufficient if the same shall be placed in the mail, post-paid, ordinary mail, and addressed to the address given in the bail document for the defendant and the surety, unless a newer address is provided.

   (Effective ______ , 2001/Formerly Rule 4016)

Part C(2)--General Procedures in All Bail Cases

Rule 531--Supervision of Bondsmen:

   (A)  Subject to the approval of the Court, the District Attorney shall supervise the professional bondsmen. A list of all duly licensed bondsmen shall be maintained by the District Attorney, who shall provide copies to the District Justices. The District Attorney may promulgate such regulations as are deemed reasonably necessary to insure that the bondsmen are financially responsible and able to meet all bail bonding requirements.

   (Effective ______ , 2001/Formerly Rule 4007)

Part F--Procedures Following Filing of Information

Rule 570--Pre-Trial Conference

   (A)  Notice of Judge assignment and a pre-trial conference date shall be handed to defendant or defense counsel at arraignment. Notice may be mailed in the case of a written waiver of formal arraignment.

   (B)  Defendant and defense counsel shall attend a pre-trial status conference with the intention of discussing the disposition of the case with the Judge and the assigned District Attorney.

   (Effective ______ , 2001/Formerly Rule 311)

Rule 571--Arraignments:

   (A)  Arraignments shall be conducted at such time and place as shall be determined by Order of Court. The Court shall provide notice of such times and places with as much advance notice as is practical, to allow adequate notice of arraignment to be given to the defendant.

   (B)  Unless otherwise provided, a defendant may waive, in writing, formal arraignment by the Court, provided, however, that:

   (1)  The defendant shall be advised of the charges against him and shall receive a copy of any information filed against him.

   (2)  The defendant shall be advised, in writing, of the following rights:

   (a)  The right to pre-trial discovery and to file pre-trial motions, and the time periods to initiate pre-trial discovery and requests for particulars, and the time within which to file pre-trial motions;

   (b)  The earliest date that the case could be called for trial;

   (c)  That the defendant is entering a plea of not guilty and requesting a trial by jury.

   (C)  A waiver of formal arraignment can be made by a defendant without appearing in court provided:

   (1)  The waiver is in writing, on a form prescribed by the District Attorney which contains the disclosures set forth in subsection (B)(2) of this rule, and which is signed by the defendants; and

   (2)  The waiver is accompanied by a written entry of appearance by counsel for the defendant; and

   (3)  The waiver form and appearance form specifically identify the case to which the waiver and appearance apply, either by case number or other unique identifier; and

   (4)  The completed waiver form and entry of appearance form is received in the Office of the District Attorney at least three (3) business days prior to the date scheduled for arraignment. The District Attorney shall forthwith file the completed waiver form with the Office of the Clerk of Courts. In the event it is not so completed and received, the defendant shall appear in Court as scheduled; and

   (5)  For purposes of time limitations for pre-trial matters, the date of arraignment shall be deemed the date on which the defendant was originally scheduled to appear in Court for arraignment or waiver of arraignment; and

   (6)  In cases in which the defendant waives arraignment without appearing, it shall be the responsibility of the defendant or his counsel to obtain a copy of the information or indictment; and

   (7)  A waiver of formal arraignment is not available to defendants who are without counsel.

   (Effective ______ , 2001/Formerly Rule 303)

Rule 571.1--Arraignment of Pro Se Defendant:

   (A)  If a defendant appears without counsel at the time set for arraignment or waiver of arraignment, and the defendant indicates a desire to proceed without counsel, the defendant shall not be permitted to waive arraignment, but shall be given a return with counsel date. At that date, if the defendant is again without counsel, he shall be informed of his right to secure counsel by the presiding Judge. That Judge shall formally arraign the defendant.

   (B)  If the defendant appears without counsel at the time set for arraignment or waiver of arraignment, and the defendant indicates a desire to proceed without counsel, and chooses to proceed with a disposition such as a plea of guilt at that time, the defendant shall be scheduled for disposition forthwith, formally arraigned, and informed of his right to counsel. A plea may be taken at that time.

   (C)  If the defendant appears on the return of counsel date and indicates his desire to proceed without counsel, and chooses a disposition such as a plea of guilt at that time, the defendant shall be formally arraigned and a plea may be taken at that time.

   (Effective ______ , 2001/Formerly Rule 303.1)

Part F(1)--Motion Procedure

Rule 578--Content of Pre-Trial Motions:

   All pre-trial motions [for pretrial discovery and inspection under Pa.R.Crim.P. 305, and all omnibus pretrial motions for relief under Pa.R.Crim.P. 306,] shall set forth the specific date on which the defendant was arraigned, or waived arraignment, or if the defendant has not yet been arraigned or waived arraignment, the motion shall so state. [Any such motion not complying with this requirement shall be summarily refused without prejudice.]

   (Effective ______ , 2001/Formerly Rule 306)

Rule 579--Filing of Pre-Trial Motions:

   (A)  The original of any pre-trial motion requiring a Court order, rule, or other Court action, shall first be filed with the Clerk of Courts, who shall time-stamp the original and any copies which may also be presented.

   (1)  A party shall, concurrently with filing the motion, serve the attorney for the Commonwealth and all parties, or their counsel, with a copy of the motion.

   (2)  The Clerk of Courts shall note the filing of the motion on the docket, and cause to be transmitted to the appropriate Judge any original motion which requests or requires Court action. A courtesy copy shall be served on the assigned Judge by the moving party.

   (B)  When action by the Court is taken on the motion, or the action requested in the motion is denied, the Clerk of Courts shall time-stamp the order, rule, or other Court action, and shall note the filing upon the docket. The Clerk of Courts shall forthwith furnish a copy of the order, rule or other Court action to all parties, or their counsel, by personal delivery, first class mail, or any other means authorized by the Court.

   (C)  A motion is deemed filed when the original motion is filed with the Clerk of Courts.

   (Effective ______ , 2001/Formerly Rule 307)

Rule 580--Assignment of Pre-Trial Motions:

   All pre-trial motions requiring court action prior to trial shall be assigned to the Judge assigned to the case. Notice of such assignment shall be given at the time of the arraignment. Early assignment shall be made through the District Court Administrator.

   (Effective ______ , 2001/Formerly Rule 308)

Chapter 6--Trial Procedure in Court Cases

Part C(2)--Conduct in Jury Trial

Rule 642--Contact With Jurors:

   Before or during the trial of a case, no attorney, party or witness, shall communicate, or cause another to communicate, with any member of the jury, or anyone known to be a member of the venire from which the jury is selected for the trial of a case.

   (Effective ______ , 2001/Formerly Rule 1111)

Rule 647--Admission and Custody of [Tangible] Exhibits:

   (A)  Counsel for the respective parties shall retain possession, and shall be responsible for, the care and custody of all tangible exhibits used at hearings and trials, whether or not they have been presented, marked, identified and used, until such time as they have been formally offered into evidence.

   (B)  From and after an order of admission, or if admission is denied, if the Court should so order, the Clerk of Courts shall take possession, and shall be responsible for the care and custody of all such tangible exhibits during the remainder of the hearing or trial, and thereafter, until further order of the Court.

   Immediately upon the termination of the hearing or trial, the Clerk of Courts shall assemble and identify all such exhibits to the particular case, and shall be responsible for their secure care, custody and maintenance, and no such exhibits shall thereafter be removed or destroyed except upon order of the Court.]

   (C)  At any time after final disposition of the case, including the expiration of any applicable appeal period, the Clerk of Court may, after notice to counsel for all parties, petition the Court for an order authorizing the removal and disposition by destruction, or otherwise, of any tangible exhibit of a size or weight precluding its enclosure in a regular case file.

   (Effective ______ , 2001/Formerly Rule 1130)

Chapter 7--Post-Trial Procedures in Court Cases

Part B--Post-Sentence Procedures

Rule 720--Post-Sentence Motions:

   (A)  Filing

   (1)  Post-sentence motions shall be filed with the Clerk of Courts in accordance with Pennsylvania Rule of Criminal Procedure No. 720, and copies thereof shall forthwith be served upon the District Attorney.

   (B)  Procedure

   (1)  Briefing Schedule.

   (a)  Within ten (10) days after a post-sentence motion is filed, if the judge determines that briefs or memoranda of law are required for a resolution of the motion, the judge shall schedule a date certain for the submission of briefs or memoranda of law by the defendant and the Commonwealth.

   (2)  Hearing; Argument.

   (a)  If the Judge determines that a hearing is required, seven (7) days before the date fixed for argument of any post-sentence motions, the defendant and counsel shall file with the Clerk of Courts two (2) copies of a brief in support of all issues raised, and shall forthwith serve a copy thereof upon the District Attorney.

   (3)  Three (3) days before the date fixed for argument of any post-sentence motions, the District Attorney shall file with the Clerk of Courts two (2) copies of a brief in opposition, and at the same time shall serve a copy of thereof on the defendant or counsel, who may at or before the case is called for argument, file and serve a reply brief. No brief may be filed thereafter without leave of Court.

   (4)  Failure of either party or counsel to file a brief in support of, or in opposition to, any issue in the case may be considered by the court to constitute a waiver of the position of such party as to such issue.

   (C)  Briefs

   (1)  All briefs shall be typewritten, and shall contain complete and accurate citations of all authorities. Briefs shall contain a procedural history of the case, a statement of the questions involved, and argument. All briefs more than ten (10) pages in length shall contain an index.

   (D)  Trial Transcripts

   (1)  Argument on and briefing of such motion shall be had without a transcript of the trial or other proceedings, unless grounds for the necessity of such transcription are detailed in the motion.

   (Effective ______ , 2001/Formerly Rule 1410)

[Pa.B. Doc. No. 01-1559. Filed for public inspection August 24, 2001, 9:00 a.m.]