THE COURTS

Title 234--RULES OF CRIMINAL PROCEDURE

PART I.  GENERAL

[234 PA. CODE CH. 305]

Order Approving the Revision of the Comment to Rule 305; No. 223:  Doc. No. 2

[27 Pa.B. 3996]

   The Criminal Procedural Rules Committee has prepared a Final Report explaining the July 28, 1997 revision of the Comment to Rule of Criminal Procedure 305 (Pretrial Discovery and Inspection). The Final Report follows the Court's Order.

Order

Per Curiam:

   Now, this 28th day of July, 1997, upon the recommendation of the Criminal Procedural Rules Committee; this Recommendation having been submitted without publication pursuant to Pa.R.J.A. 103(a)(3), and a Final Report to be published with this Order:

   It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the revision of the Comment to Pa.R.Crim.P. 305 in the following form is approved.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective immediately.

Annex A

TITLE 234.  RULES OF CRIMINAL PROCEDURE

PART I.  GENERAL

CHAPTER 300.  PRETRIAL PROCEEDINGS

Rule 305.  Pretrial Discovery and Inspection.

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   Official Note:  Present Rule 305 replaces former Rules 310 and 312 in their entirety. Former Rules 310 and 312 adopted June 30, 1964, effective January 1, 1965. Former Rule 312 suspended June 29, 1973, effective immediately. Present Rule 305 adopted 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 April 24, 1981, effective June 1, 1981; amended October 22, 1981, effective January 1, 1982; amended September 3, 1993, effective January 1, 1994; amended May 13, 1996, effective July 1, 1996; Comment revised July 28, 1997, effective immediately.

Comment

   [In determining the extent to which pretrial discovery should be ordered under the ''Discretionary with the Court'' sections of this rule, judges may be guided by the following general principles of the ABA Standards Relating to Discovery and Procedure Before Trial (Approved Draft, 1970):

   Sec. 1.1:  Procedural needs prior to trial.

   (a)  Procedure prior to trial should serve the following needs:

   (i)  to promote an expeditious as well as fair determination of the charges, whether by plea or trial;

   (ii)  to provide the accused sufficient information to make an informed plea;

   (iii)  to permit thorough preparation for trial and minimize surprise at trial;

   (iv)  to avoid unnecessary and repetitious trials by exposing any latent procedural or constitutional issues and affording remedies therefor prior to trial;

   (v)  to reduce interruptions and complications of trial by identifying issues collateral to guilt or innocence and determining them prior to trial; and

   (vi)  to effect economies in time, money, and judicial and professional talents by minimizing paperwork, repetitious assertions of issues, and the number of separate hearings.

   (b)  These needs can be served by:

   (i)  fuller discovery;

   (ii)  simpler and more efficient procedures; and

   (iii)  procedural pressures for expediting the processing of cases.

   Sec. 1.2:  Scope of Discovery.

   In order to provide adequate information for informed pleas, expedite trials, minimize surprise, afford opportunity for effective cross-examination, and meet the requirements of due process, discovery prior to trial should be as full and free as possible consistent with protection of persons, effective law enforcement, the adversary system, and national security.]

*      *      *      *      *

   [Paragraph (G) is derived in part from ABA Standards Relating to Discovery and Procedure Before Trial § 2.6(a). See Commentary contained therein. Paragraph (G), however, makes this provision applicable to the work product of the defense, while the ABA Standards refer only to the prosecution.]

*      *      *      *      *

   Committee Explanatory Reports:  Report explaining the September 3, 1993 amendments published at 21 Pa.B. 3681 (August 17, 1991).

   Final Report explaining the May 13, 1996 amendments published with the Court's Order at 26 Pa.B. 2488 (June 1, 1996).

   Final Report explaining the July 28, 1997 Comment revision deleting the references to the ABA Standards published with the Court's Order at 27 Pa.B. 3997 (August 9, 1997).

FINAL REPORT¹

Revision of the Comment to Pa.R.Crim.P. 305

PRETRIAL DISCOVERY AND INSPECTION

   On July 28, 1997, upon the recommendation of the Criminal Procedural Rules Committee, the Supreme Court approved the revision of the Comment to Rule of Criminal Procedure 305 (Pretrial Discovery and Inspection). This revision deletes from the Comment the references to the ABA Standards Relating to Discovery and Procedure Before Trial (Approved Draft, 1970). The Committee agreed that, because Rule 305 has been in effect since 1977, it is no longer necessary to retain in the Comment the ABA Standards as guidance to judges in determining the extent to which pretrial discovery should be ordered under the discretionary provisions of Rule 305. The Comment revision is effective immediately.

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¹The Committee's Final 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 Committee's explanatory Final Reports.

[Pa.B. Doc. No. 97-1245. Filed for public inspection August 8, 1997, 9:00 a.m.]

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