Section 1100. Abolition of Practice and Procedure Under Repealed Statutes  


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  • The practice and procedure provided in all former statutes governing criminal procedure within the scope of these rules, which have been repealed by the Judiciary Act Repealer Act, and which are now part of the common law of this Commonwealth by virtue of Section 3(b) of the Act, 42 P. S. § 20003(b), are hereby abolished and shall not continue as part of the common law of this Commonwealth.

    Comment

    This rule is comparable to Pa.R.C.P. 2100(b) and Pa.R.A.P. 5101(f), and is intended to prevent any statutory criminal procedures repealed by the Judiciary Act Repealer Act and not replaced by the Rules of Criminal Procedure from prevailing over the provisions of the rules.

    Official Note

    Rule 9998 adopted January 28, 1983, effective July 1, 1983; renumbered Rule 1100 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. 1477 (March 18, 2000).