Criminal Court Rules
[31 Pa.B. 1142]
Rule 52-CrD-101--Purpose and Construction.
Title and Citation of Rules. These rules adopted by the Court of Common Pleas of Lebanon--Criminal Division, as amended or supplemented, shall be known as the Lebanon County Court of Common Pleas--Criminal Rules and shall be cited as ''Leb.Co.Rule 52-CrD-101.''
Rule 52-CrD-104--Design of Forms.
The District Attorney shall prepare forms for use during criminal proceedings, which shall be approved by the Court prior to usage. Those forms shall include but are not limited to:
(a) Waiver of arraignment forms
(b) Continuance forms
(c) Guilty plea colloquy forms
(d) Nolo contendere colloquy forms
(e) Post-sentence rights forms
(f) Repeat violent offender forms
(g) ARD applications
(h) RAP applications
(i) Rule 586 applications
After approval by the Court, copies of the above forms shall be available for usage at the Lebanon County Law Library.
The Chief Public Defender is directed to prepare forms for use during criminal proceedings which shall be approved by the Court prior to usage. Those forms shall include but are not limited to:
(a) An application for free legal services based upon indigency
(b) Any forms relating to reduction or establishment of bail
After approval by the Court, copies of the above forms shall be available for usage at the Lebanon County Law Library and at the Lebanon County Correctional Facility.
Applications for parole or re-parole shall be on forms generated by the Lebanon County Probation Department and approved by the Court. The parole or re-parole process shall be in accordance with procedures in place as established by the Lebanon County Probation Department.
Rule 52-CrD-555--Pretrial Procedures.
The Court shall sit for the purpose of Pretrial Hearings, Miscellaneous Court, Call of the List, Jury Trials and Argument in accordance with the annual court calendar which shall be adopted and promulgated prior to January 1st of each year.
Rule 52-CrD-646--Custody and Storage of Trial Exhibits.
The moving party shall keep custody of and be responsible for all non-documentary material submitted into evidence at trial. That material shall not be left in the courtroom after the conclusion of the trial of the case.
All trial exhibits which are larger than 8.5 × 11 inches shall remain in the custody of and be the responsibility of the moving party. The moving party shall submit an original or copy of the trial exhibit no larger than 8.5 × 11 inches to the Court Clerk, which copy shall be marked and filed of record.
Notwithstanding the above provisions, any party may petition the Court to retain custody of an Exhibit.
Rule 52-CrD-530--Duties and Powers of a Bail Agency.
A Bail Agency is hereby established and the Bail Administrator is hereby designated the Bail Agency pursuant to the Pennsylvania Rules of Criminal Procedure Rule 528. The Agency shall perform the duties and exercise the powers therein stated. The Bail Administrator shall be appointed by the President Judge of the Court of Common Pleas of Lebanon County.
Any request for an increase or decrease in bail or any request for approval of 10% bail must be submitted to the Court on a form to be prepared and maintained by the Bail Administrator.
Any petition, application, motion or other written document requiring (the issuance of a preliminary order or other) action by the Court, shall at the time of the filing thereof, have attached thereto immediately prior to the first page thereof, a form order of Court (including the caption of the proceeding), which is appropriate to the nature of the document.
Where a party to any proceeding requests the Court to enter any order, that party or counsel for that party shall submit to the Court a written form of the order including the caption of the proceeding, and if such relief is requested by the filing of a petition, application, motion or other written instrument, the form of the order (including the caption of the proceeding) shall be attached thereto immediately prior to the first page thereof at the time the instrument is filed.
Rules numbered 1--15 of the Rules of the Court of Common Pleas of Lebanon County Criminal Division are specifically repealed as of May 1, 2001.
These Rules shall be effective as of May 1, 2001.
ROBERT J. EBY,
[Pa.B. Doc. No. 01-316. Filed for public inspection February 23, 2001, 9:00 a.m.]
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