THE COURTS
Title 234--RULES OF CRIMINAL PROCEDURE
PART I. GENERAL
[234 PA. CODE CHS. 1--11, 20, 30, 50, 100,
200, 300, 1100, 1400--1700, 2000, 4000,
6000 AND 9000]
Proposal to Reorganize and Renumber the Rules of Criminal Procedure
[29 Pa.B. 1360]
Introduction The Criminal Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania reorganize and renumber the Rules of Criminal Procedure, and make a number of correlative changes to the rules. The proposed reorganization will present the rules in a more orderly fashion that more accurately reflects the movement of a criminal case through the criminal justice system, thereby making the rules more ''user friendly'' and easier to follow.1 This proposal has not been submitted for review by the Supreme Court of Pennsylvania.
The following explanatory Report highlights the Committee's considerations in formulating this proposal. Please note that the Committee's Reports should not be confused with the official Committee Comments to the rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the explanatory Reports.
The proposed reorganization and text of the amendments precedes the Report. Deletions appear in bold and brackets, and additions appear in bold.
We request that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through counsel, Anne T. Panfil, Chief Staff Counsel, Supreme Court of Pennsylvania, Criminal Procedural Rules Committee, P. O. Box 1325, Doylestown, PA 18901 no later than Wednesday, April 28, 1999.
By the Criminal Procedural Rules Committee
FRANCIS BARRY MCCARTHY,
Chair
Proposed Reorganization of Rules2 Rule
CHAPTER 1. GENERAL PROVISIONS
100. Scope of Rules. 101. Purpose and Construction. 102. Citing the Criminal Procedural Rules. Part A. Business of the Courts
103. Definitions. 104. Design of Forms. 105. Local Rules. 106. Continuances in Summary and Court Cases. 107. Contents of Subpoena. 108. Habeas Corpus Venue. 109. Defects in Form, Content, or Procedure. 110. Special Orders Governing Widely-Publicized or Sensational Cases. 111. Public Discussion of Pending or Imminent Criminal Litigation by Court Personnel. 112. Publicity, Broadcasting, and Recording of Proceedings. 113. Notice of Court Proceeding(s) Requiring Defendant's Presence. 114. Notice and Docketing of Orders. 115. Recording and Transcribing Court Proceedings. Part B. Counsel
120. Attorneys--Appearances and Withdrawals. 121. Waiver of Counsel. 122. Assignment of Counsel. 123. Application for the Assignment of Counsel. 124. In Forma Pauperis. (Reserved) Part C. Venue, Location, and Recording of
Proceedings Before Issuing Authority130. Venue. 131. Location of Proceedings Before Issuing Authority. 132. Continuous Availability and Temporary Assignment of Issuing Authorities. 133. Powers of Temporarily Assigned Issuing Authorities. 134. Objections to Venue. 135. Transcript of Proceedings Before Issuing Authority. Part D. Procedures Implementing 42 Pa.C.S.
§§ 4137, 4138, and 4139: Criminal Contempt
Powers of District Justices, Judges of the
Pittsburgh Magistrates Court and Judges
of the Traffic Court of Philadelphia140. Contempt Proceedings Before District Justices, Pittsburgh Magistrates Court Judges, and Philadelphia Traffic Court Judges. 141. Appeals from Contempt Adjudications by District Justices, Pittsburgh Magistrates Court Judges, or Philadelphia Traffic Court Judges. 142. Procedures Governing Defaults in Payment of Fine Imposed As Punishment for Contempt. CHAPTER 2. INVESTIGATIONS
Part A. Search Warrants
200. Who May Issue. 201. Purpose of Warrant. 202. Approval of Search Warrant Applications by Attorney for the Commonwealth--Local Option. 203. Requirements for Issuance. 204. Person to Serve Warrant. 205. Contents of Search Warrant. 206. Contents of Application for Search Warrant. 207. Manner of Entry Into Premises. 208. Copy of Warrant; Receipt for Seized Property. 209. Return With Inventory. 210. Return of Papers to Clerk. 211. Sealing Search Warrant Affidavits. Part B(1). Investigating Grand Juries
220. Motion and Order for Investigating Grand Jury. 221. Summoning Investigating Grand Jurors. 222. Composition and Organization of the Investigating Grand Jury. 223. Administering Oath to Stenographer. 224. Administering Oath to Court Personnel. 225. Administering Oath to Grand Jury and Foreman. 226. Charge to Investigating Grand Jury. 227. Administering Oath to Witness. 228. Recording of Proceedings Before Investigating Grand Jury. 229. Control of Investigating Grand Jury Transcript/Evidence. 230. Disclosure of Testimony Before Investigating Grand Jury. 231. Who May Be Present During Session of an Investigating Grand Jury. B(2). Statewide or Regional Investigating
Grand Juries
240. Applicability of Investigating Grand Jury Rules. 241. Summoning Jurors for Statewide or Regional Investigating Grand Juries. 242. Providing Prospective Jurors for Statewide or Regional Investigating Grand Juries. 243. Location of Statewide or Regional Investigating Grand Juries. 244. Venue. CHAPTER 3. ACCELERATED REHABILITATIVE DISPOSITION
Committee Introduction to Chapter 3.
Part A. Summary Cases
300. Accelerated Rehabilitative Disposition in Summary Cases. 301. Procedures for Accelerated Rehabilitative Disposition in Summary Cases Before the Minor Judiciary. 302. Procedures for Accelerated Rehabilitative Disposition in Summary Cases in the Court of Common Pleas--Local Option. Part B. Court Cases
310. Motion for Accelerated Rehabilitative Disposition. 311. Application Process and Notice of Motion by Attorney for the Commonwealth. 312. Hearing, Explanation of Program. 313. Hearing, Manner of Proceeding. 314. Deferring Action Upon Admission to Program Before Information. 315. Deferring Adjudication of the Charges Upon Admission to Program After Information. 316. Conditions of the Program. 317. Procedure Upon Refusal to Accept the Conditions. 318. Procedure on Charge of Violation of Conditions. 319. Procedure for Obtaining Order for Dismissal Upon Successful Completion of the Program. 320. Expungement Upon Successful Completion of ARD Program. CHAPTER 4. PROCEDURES IN SUMMARY CASES Committee Introduction to Chapter 4. Part A. Instituting Proceedings
400. Means of Instituting Proceedings in Summary Cases. 401. Means of Instituting Proceedings in Summary Cases Charging Parking Violations. Part B. Citation Procedures
402. Persons Who Shall Use Citations. 403. Contents of Citation. Part B(1). Procedures When Citation Is
Issued to Defendant
405. Issuance of Citation. 406. Procedure Following Issuance of Citation. 407. Pleas in Response to Citation. 408. Not Guilty Pleas--Notice of Trial. 409. Guilty Pleas. Part B(2). Procedures When Citation Filed
410. Filing of Citation. 411. Procedures Following Filing of Citation--Issuance of Summons. 412. Pleas in Response to Summons. 413. Not Guilty Pleas--Notice of Trial. 414. Guilty Pleas. Part C. Procedures in Summary Cases
When Complaint Filed
420. Filing of Complaint. 421. Procedure Following Filing of Complaint--Issuance of Summons. 422. Pleas in Response to Summons. 423. Not Guilty Pleas--Notice of Trial. 424. Guilty Pleas. Part D. Arrest Procedures in Summary Cases
Part D(1). Arrests With a Warrant
430. Issuance of Arrest Warrant. 431. Procedure When Defendant Arrested With Warrant. Part D(2). Arrests Without a Warrant
440. Arrest Without Warrant. 441. Procedure Following Arrest Without Warrant. Part E. General Procedures in Summary Cases
450. Motions. (Reserved) 451. Service. 452. Collateral. 453. Joinder of Offenses and Defendants. 454. Trial in Summary Cases. 455. Trial in Defendant's Absence. 456. Default Procedures: Restitution, Fines, and Costs. 457. Withdrawal of Charges in Summary Cases. 458. Dismissal in Summary Cases Upon Satisfaction or Agreement. Part F. Procedures in Summary Cases for
Appealing to Court of Common Pleas for a
Trial De Novo
460. Notice of Appeal. 461. Stays. 462. Trial De Novo. Part G. Special Procedures in Summary Cases
Under the Vehicle Code
470. Procedures Related to License Suspension After Failure to Respond to Citation or Summons. 471. Disposition Report. CHAPTER 5. PRETRIAL PROCEDURES IN
COURT CASES
Part A. Preservation of Testimony
500. Preservation of Testimony After Institution of Criminal Proceedings. 501. Preservation of Testimony by Videotape Recording. Part B. Instituting Proceedings
502. Instituting Proceedings in Court Cases. Part B(1). Complaint Procedures
503. Complaint Procedures Generally. 504. Contents of Complaint. 505. Complaints: Joinder of Offenses and Defendants. 506. Approval of Private Complaints. 507. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth--Local Option. 508. Procedure Following Submission of Complaint to Issuing Authority. 509. Use of Summons or Warrant of Arrest in Court Cases. Part B(2). Summons Procedures
510. Contents of Summons; Time of Preliminary Hearing. 511. Service of Summons. 512. Procedure in Court Cases Following Issuance of Summons. Part B(3). Arrest Procedures in Court Cases (a) Arrest Warrants
513. Requirements for Issuance. 514. Duplicate and Alias Warrants of Arrest. 515. Execution of Arrest Warrant. 516. Procedure in Court Cases When Warrant of Arrest Is Executed Within Judicial District of Issuance. 517. Procedure in Court Cases When Warrant of Arrest Is Executed Outside Judicial District of Issuance. (b) Arrests Without Warrant
518. Procedure in Court Cases Initiated by Arrest Without Warrant. Part C. Bail
520. Bail Before Verdict. 521. Bail After Finding of Guilt. 522. Detention of Witnesses. Part C(1). Release Procedures
523. Release Criteria. 524. Types of Release on Bail. 525. Bail Bond. 526. Conditions of Bail Bond. 527. Nonmonetary Conditions of Release on Bail. 528. Monetary Condition of Release on Bail. 529. Modification of Bail Order Prior to Verdict. Part C(2). General Procedures in all Bail Cases
530. Duties and Powers of a Bail Agency. 531. Qualifications of Surety. 532. Substitution of Surety or Security. 533. Increased Amount of Monetary Condition of Bail. 534. Duration of Obligation. 535. Receipt for Deposit; Return of Deposit. 536. Procedures Upon Violation of Conditions: Revocation of Release and Forfeiture; Bail Pieces; Exoneration of Surety. Part D. Proceedings in Court Cases Before
Issuing Authorities
540. Preliminary Arraignment. 541. Waiver of Preliminary Hearing. 542. Preliminary Hearing. 543. Continuance of a Preliminary Hearing. 544. Disposition of Case at Preliminary Hearing. 545. Witnesses: Compulsory Process. 546. Dismissal Upon Satisfaction or Agreement. 547. Return of Transcript and Original Papers. 548. Amendment of Transcript in Court Cases. 549. Compelling Transmission of Papers by Issuing Authority. 550. Pleas of Guilty Before District Justice in Court Cases. 551. Withdrawal of Prosecution Before Issuing Authority. Part E. Informations
560. Information: Filing, Contents, Function. 561. Withdrawal of Charges by Attorney for the Commonwealth. 562. Copy of Information to be Furnished Defendant. 563. Joinder of Offenses in Information. 564. Amendment of Information. 565. Presentation of Information Without Preliminary Hearing. 566. Application of Indictment Statutes to Information. Part F. Procedures Following Filing
of Information
570. Pretrial Conference. 571. Arraignment. 572. Bill of Particulars. 573. Pretrial Discovery and Inspection. Part F(1). Motion Procedures
574. Motions. 575. Answers. 576. Filing. 577. Service. 578. Omnibus Pretrial Motion for Relief. 579. Time for Omnibus Pretrial Motion and Service. 580. Disposition of Pretrial Motions. 581. Suppression of Evidence. 582. Joinder--Trial of Separate Indictments or Informations. 583. Severance of Offenses or Defendants. 584. Motion for Change of Venue or Change of Venire. 585. Nolle Prosequi. 586. Court Dismissal Upon Satisfaction or Agreement. 587. Motion for Dismissal. 588. Motion for Return of Property. Part G. Plea Procedures
590. Pleas and Plea Agreements. 591. Withdrawal of Plea of Guilty. CHAPTER 6. TRIAL PROCEDURES IN
COURT CASES
Part A. General Provisions
600. Prompt Trial. 601. Presence of Judge. 602. Presence of the Defendant. 603. Exceptions. 604. Opening Statements and Closing Arguments. 605. Mistrial. 606. Challenges to Sufficiency of Evidence. 607. Challenges to the Weight of the Evidence. 608. Motion for Judgment of Acquittal After Discharge of Jury. Part B. Non-Jury Procedures
620. Waiver of Jury Trial. 621. Procedure When Jury Trial Is Waived. 622. Time for Court Action Following Non-Jury Trial. Part C. Jury Procedures
630. Juror Qualification Form, Lists of Trial Jurors, and Challenge to the Array. Part C(1). Impaneling Jury
631. Examination and Challenges of Trial Jurors. 632. Juror Information Questionnaire. 633. Examination and Challenges of Alternate Trial Jurors. 634. Number of Peremptory Challenges. 635. Exhaustion of the Jury Panel. Part C(2). Conduct of Jury Trial
640. Swearing the Trial Jury to Hear the Cause. 641. Consent to Be Tried by Less Than Twelve Jurors. 642. Sequestration of Trial Jurors. 643. View by Jury. 644. Note Taking by Jurors. 645. Seating and Discharge of Alternate Jurors. 646. Material Permitted in Possession of the Jury. 647. Request for Instructions, Charge to the Jury, and Preliminary Instructions. 648. Verdicts. 649. Sealed Verdict. CHAPTER 7. POST-TRIAL PROCEDURES IN
COURT CASES
Part A. Sentencing Procedures
700. Sentencing Judge. 701. Pleas of Guilty to Multiple Offenses. 702. Aids in Imposing Sentence. 703. Disclosure of Pre-Sentence Reports. 704. Procedure at Time of Sentencing. 705. Imposition of Sentence. 706. Fines or Costs. 707. Documents Transmitted to Prison. 708. Violation of Probation, Intermediate Punishment, or Parole: Hearing and Disposition. Part B. Post-Sentence Procedures
720. Post-Sentence Procedures; Appeal. 721. Procedures for Commonwealth Challenges to Sentencing; Appeals. 722. Contents of Order for Expungement. CHAPTER 8. SPECIAL RULES FOR CASES IN
WHICH DEATH SENTENCE IS AUTHORIZED
800. Applicability of Subchapter. 801. Notice of Aggravating Circumstances. 802. Guilty Plea Procedure. 803. Procedure When Jury Trial is Waived. 804. No Sealed Verdict. 805. Closing Arguments at Sentencing Hearing. 806. Sentencing Verdict Slip. 807. Form for Jury Sentencing Verdict Slip. 808. Form for Trial Judge Sentencing Verdict Slip. 809. Sentence. 810. Post-Sentence Motion. 811. First Degree Murder Review Form. CHAPTER 9. POST-CONVICTION
COLLATERAL PROCEEDINGS
900. Scope. 901. Initiation of Post-Conviction Collateral Proceedings. 902. Content of Petition for Post-Conviction Collateral Relief; Request for Discovery. 903. Docketing and Assignment. 904. Appointment of Counsel; In Forma Pauperis. 905. Amendment and Withdrawal of Petition for Post-Conviction Collateral Relief. 906. Answer to Petition for Post-Conviction Collateral Relief. 907. Disposition Without Hearing. 908. Hearing. 909. Procedures for Petitions in Death Penalty Cases: Hearing; Disposition. 910. Appeal. CHAPTER 10. RULES OF CRIMINAL
PROCEDURE FOR THE PHILADELPHIA
MUNICIPAL COURT
1000. Scope of Rules. 1001. Disposition of Criminal Cases--Philadelphia Municipal Court. 1002. Procedure in Summary Cases. 1003. Procedure in Non-Summary Municipal Court Cases. 1004. Arraignment Prior to Trial. 1005. Pretrial Applications for Relief. 1006. Notice of Right to Appeal or to Petition for Certiorari; Guilty Plea Challenge Procedure. 1007. Challenge to Guilty Plea. 1008. Contents of Notice of Appeal or Petition for Certiorari. 1009. Notice to Municipal Court Judge and Attorney for the Commonwealth of Appeal or of Petition for Certiorari. 1010. Procedure on Appeal. 1011. Bail. 1012. Recording and Transcribing Municipal Court Proceedings; Admissibility of Testimony at Trial De Novo. 1013. Prompt Trial--Municipal Court. CHAPTER 11. ABOLITIONS AND SUSPENSIONS.
1100. Abolition of Practice and Procedure Under Repealed Statutes. 1101. Suspension of Acts of Assembly.
Proposed Correlative Rule Changes Rule [301] 106. Continuances in summary and court cases.
[(a)] (A) The court or issuing authority may, in the interests of justice, grant a continuance, [of] on its own motion, or on the motion of either party.
(B) When the matter is before an issuing authority, the issuing authority shall record on the transcript the identity of the moving party and the reasons for granting or denying the continuance. When the matter is in the court of common pleas, [The] the [court] judge shall on the record identify the moving party and state of record the [court's] reasons [justifying the] for granting or [denial of] denying the continuance.
[(b)] (C) A motion for continuance on behalf of the defendant shall be made not later than [forty-eight] 48 hours before the time set for the trial. A later motion shall be entertained only when the opportunity therefor did not previously exist, or the defendant was not aware of the grounds for the motion, or the interests of justice require it.
Official Note: Formerly Rule 301, [Adopted] adopted June 30, 1964, effective January 1, 1965; amended June 8, 1973, effective July 1, 1973; amended June 29, 1977 and through November 22, 1977, effective as to cases in which the indictment or information is filed on or after January 1, 1978; renumbered Rule 106 and amended ______ , effective ______ .
Committee Explanatory Reports:
Renumbered Rule 106:
Report explaining the reorganization of the rules and the provisions of Rule 106 published at 29 Pa.B. 1369 (March 13, 1999).
(This is an amalgamated rule, combining
Rules 90 and 150.)Rule 109. Defects in Form, Content, or Procedure.
A defendant shall not be discharged nor shall a case be dismissed because of a defect in the form or content of a complaint, citation, summons, or warrant, or a defect in the procedures of these rules, unless the defendant raises the defect before the conclusion of the trial in a summary case or before the conclusion of the preliminary hearing in a court case, and the defect is prejudicial to the rights of the defendant.
Official Note: Former Rule 90 adopted July 12, 1985, effective January 1, 1986; effective date extended to July 1, 1986. Former Rule 150, formed from former Rule 114 (Informal Defects), and former Rule 115 (Substantive Defects), both adopted June 30, 1964, effective January 1, 1965; suspended effective May 1, 1970; both revised January 31, 1970, effective May 1, 1970; combined, renumbered Rule 150 and amended September 18, 1973, effective January 1, 1974; amended April 8, 1982, effective July 1, 1982, Comment revised July 12, 1985, effective January 1, 1986; effective date extended to July 1, 1986. Rules 90 and 150 combined and renumbered Rule 109 ______, effective ______.
Comment:
This rule combines and replaces previous Rules 90 and 150.
This rule clarifies when a defendant should be discharged or a case dismissed because of a defect; it eliminates disputes as to what is an informal defect or a substantive defect. As a condition of relief regardless of whether the defect is in form, content, or procedure, the court or issuing authority must determine that there is actual prejudice to the rights of the defendant.
A complaint, citation, summons, or warrant may be amended at any time so as to remedy any defect in form or content that is not prejudicial to the rights of the defendant. Nothing in this rule shall prevent the filing of a new complaint or citation and the reissuance of process. Any new complaint or citation must be filed within the time permitted by the applicable statute of limitations.
Ordinarily, if a defendant does not raise a defect at the summary trial or before the conclusion of the preliminary hearing, the defendant cannot thereafter raise the defect as grounds for dismissal or discharge at a later stage in the proceedings. See Commonwealth v. Krall, 304 A.2d 488 (Pa. 1973). In a summary case, however, the provisions of this rule do not preclude a defendant from raising a defect for the first time after the summary trial when the interests of justice require it, as for example, when the defendant was not represented by counsel during the proceedings before the district justice or when the defendant could not reasonably have discovered the defect until after the conclusion of the summary trial.
Any defect properly raised under this rule shall be specifically described on the docket by the issuing authority. See Pa.R.Crim.P. 135.
If the issuing authority determines that a defect is prejudicial, it is intended that the decision recorded on the docket pursuant to Rule 135(b)(12) shall be ''discharge of the defendant'' or ''dismissal of the case,'' rather than ''not guilty.''
Committee Explanatory Reports:
Renumbered Rule 109:
Report explaining the reorganization of the rules and the provisions of Rule 109 published at 29 Pa.B. 1369 (March 13, 1999).
(This is an amalgamated rule, combining
Rules 27 and 328.)Rule 112. Publicity, Broadcasting, and Recording of Proceedings.
(A) The court or issuing authority shall:
(1) prohibit the taking of photographs or motion pictures of any judicial proceedings or in the hearing room or courtroom or its environs during the judicial proceedings; and
(2) prohibit the transmission of communications by telegraph, telephone, radio, or television from the hearing room or the courtroom or its environs during the progress of or in connection with any judicial proceedings, whether or not the court is actually in session.
The environs of the hearing room or courtroom is defined as the area immediately surrounding the entrances and exits to the hearing room or courtroom.
(B) The court or issuing authority may permit the taking of photographs or radio or television broadcasting of judicial proceedings, such as naturalization ceremonies or the swearing in of public officials, which may be conducted in the hearing room or courtroom.
(C) Except as provided in paragraph (D), the mechanical or electronic recording of any judicial proceedings by anyone other than the official court stenographer in a court case, for any purpose, is prohibited.
(D) In a judicial proceeding before an issuing authority, the issuing authority, the attorney for the Commonwealth, or the defendant may cause a recording to be made of the judicial proceeding as an aid to the preparation of the written record for subsequent use in a case, but such recordings shall not be publicly played or disseminated in any manner unless in a court during a trial or hearing.
(E) If it appears to the court or issuing authority that a violation of this rule has resulted in substantial prejudice to the defendant, the court or issuing authority, upon application by the attorney for the Commonwealth or the defendant, may:
(1) Quash the proceedings at the preliminary hearing and order another preliminary hearing to be held before the same issuing authority at a subsequent time without additional costs being taxed.
(2) Discharge the defendant on nominal bail if in custody, or continue the bail if at liberty, pending further proceedings.
(3) Order all costs of the issuing authority forfeited in the original proceedings.
(4) Adopt any, all, or combination of these remedies as the nature of the case requires in the interests of justice.
Official Note: Former Rule 27, previously Rule 143, adopted January 31, 1970, effective May 1, 1970; renumbered Rule 27 September 18, 1973, effective January 1, 1974; amended February 15, 1974, effective immediately; Comment revised March 22, 1989, effective July 1, 1989; amended June 19, 1996, effective July 1, 1996. Former Rule 328 adopted January 25, 1971, effective February 1, 1971; amended June 29, 1977 and November 22, 1977; effective as to cases in which the indictment or information is filed on or after January 1, 1978; Comment revised March 22, 1989, effective July 1, 1989. Rules 27 and 328 combined, renumbered Rule 112, and amended _____, effective _____.
Comment:
This rule combines and replaces Rules 27 and 328.
''Recording'' as used in this rule is not intended to preclude the use of recording devices for the preservation of testimony as permitted by Rules 500 and 501.
Committee Explanatory Reports:
Former Rule 27:
Final Report explaining the June 19, 1996 amendments to former Rule 27 published with the Court's Order at 26 Pa.B. 3128 (July 6, 1996).
Renumbered Rule 112:
Report explaining the reorganization of the rules and the provisions of Rule 112 published at 29 Pa.B. 1369 (March 13, 1999).
This rule is derived from former Rule 86(A),
(D)--(F), (H), (I).)Rule 460. Notice of Appeal.
(A) When an appeal is authorized by law in a summary proceeding, including a prosecution for violation of a municipal ordinance which provides for imprisonment upon conviction or upon failure to pay a fine, an appeal shall be perfected by filing a notice of appeal within 30 days after the conviction or other final order from which the appeal is taken. The notice of appeal shall be filed with the clerk of courts.
(B) The notice of appeal shall contain the following information:
(1) the name and address of the appellant;
(2) the name and address of the issuing authority who heard the case;
(3) the magisterial district number in which the case was heard;
(4) the name and mailing address of the affiant as shown on the complaint or citation;
(5) the date of the conviction or other final order from which the appeal is taken;
(6) the offense(s) of which convicted, if any;
(7) the sentence imposed, and if the sentence includes a fine, costs, or restitution, whether the amount due has been paid;
(8) the type or amount of bail or collateral furnished to the issuing authority, if any;
(9) the name and address of the attorney, if any, filing the notice of appeal; and
(10) except when the appeal is from a conviction, the grounds relied upon for appeal.
(C) Within 5 days after filing the notice of appeal, a copy shall be served either personally or by mail by the clerk of courts upon the issuing authority, the affiant, and the appellee or appellee's attorney, if any.
(D) The issuing authority shall, within 20 days after receipt of the notice of appeal, file with the clerk of courts:
(1) the transcript of the proceedings;
(2) the original complaint or citation;
(3) the summons or warrant of arrest, if any; and
(4) the bail bond, if any.
(E) This rule shall provide the exclusive means of appealing from a summary conviction. Courts of common pleas shall not issue writs of certiorari in such cases.
(F) This rule shall not apply to appeals from contempt adjudications.
Official Note: Formerly Rule 86, which replaced prior Rule 67 and was adopted July 12, 1985, effective January 1, 1986; revised September 23, 1985, effective January 1, 1986; the January 1, 1986 effective dates extended to July 1, 1986; amended February 2, 1989, effective March 1, 1989; amended March 22, 1993, effective January 1, 1994; amended October 28, 1994, effective as to cases instituted on or after January 1, 1995; amended February 27, 1995, effective July 1, 1995; amended October 1, 1997, effective October 1, 1998; paragraphs (A), (D), (E), (F), (H), and (I) renumbered Rule 460 and amended _____, effective _____.
Comment:
This rule is derived from former Rule 86(A), (D), (E), (F), (H), and (I).
This rule applies to appeals in all summary proceedings, including prosecutions for violations of municipal ordinances which provide for the possibility of imprisonment, and default hearings.
Appeals from contempt adjudications are governed by Rule 141.
The narrow holding in City of Easton v. Marra, 326 A.2d 637 (Pa. Super. 1974), is not in conflict, since the record before the court did not indicate that imprisonment was possible under the ordinance there in question.
When the only issues on appeal arise solely from an issuing authority's determination after a default hearing pursuant to Rule 456, the matter must be heard de novo by the appropriate judge of the court of common pleas and only those issues arising from the default hearing are to be considered. It is not intended to reopen other issues not properly preserved for appeal. A determination after a default hearing would be a final order for purposes of these rules.
Rule 462(D) provides for the dismissal of an appeal when the defendant fails to appear for the trial de novo.
Certiorari was abolished by the Criminal Rules in 1973 pursuant to Article V Schedule Section 26 of the Constitution of Pennsylvania, which specifically empowers the Supreme Court of Pennsylvania to do so by rule. This Schedule section is still viable, and the substance of this Schedule section has also been included in the Judicial Code, 42 Pa.C.S. § 934. The abolition of certiorari continues with this rule.
Committee Explanatory Reports:
Former Rule 86:
Final Report explaining the March 22, 1993 amendments to former Rule 86 published with the Court's Order at 23 Pa.B. 1699 (April 10, 1993).
Final Report explaining the October 28, 1994 amendments to former Rule 86 published with the Court's Order at 24 Pa.B. 5843 (November 26, 1994).
Final Report explaining the February 27, 1995 amendments to former Rule 86 published with the Court's Order at 25 Pa.B. 935 (March 18, 1995).
Final Report explaining the October 1, 1997 amendments to former Rule 86 published with the Court's Order at 27 Pa.B. 5408 (October 18, 1997).
Renumbered Rule 460:
Report explaining the reorganization of the rules and the provisions of Rule 460 published at 29 Pa.B. 1369 (March 13, 1999).
(This rule is derived from Rule 86(B) and (C).)
Rule 461. Stays.
(A) In all summary cases in which a sentence of imprisonment has been imposed, execution of sentence shall be stayed until the time for appeal expires.
(B) In any summary case in which a notice of appeal is filed, the execution of sentence shall be stayed.
(C) Whenever the execution of sentence is stayed pursuant to this rule, the issuing authority may set collateral.
(D) During the 30-day appeal period, failure to pay fines and costs, or restitution, shall not be grounds for imprisonment, and shall not be grounds to preclude the taking of an appeal.
Official Note: Formerly Rule 86(B) and (C), adopted October 1, 1997, effective October 1, 1998; paragraphs (B) and (C) renumbered Rule 461 and amended _____, effective _____.
[Continued on next Web Page] _______
1 For purposes of this Report, the Committee has included only the text of the rules that would be amended, not all the rules as renumbered.
2 As an aid in following the reorganization, the Committee has prepared (1) a Derivation Table, which indicates the new rule numbers and titles with the ''former'' rule numbers listed next to them, and (2) a Disposition Table, which indicates the current rule numbers and titles with the ''new'' rule numbers listed next to them. See the Appendix that follows the Report.
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