[30 Pa.B. 1477]
Comment
The last two sentences of paragraph (A) were moved to new Rule 645 as part of the reorganization of the rules in 2000.
Paragraph [(b)] (B) of this rule sets forth the number of peremptory challenges for the selection of alternate trial jurors and is intended to replace the Act of May 1, 1935, P. L. 127, No. 50, 51, insofar as it applied to criminal trials. That Act was repealed by the Judiciary Act Repealer Act, [Act of April 28, 1978, P. L. 202, No. 53, § 2(a);] 42 P. S. § 20002(a) [1156] [(1979)].
The number of peremptory challenges for the selection of principal trial jurors is governed by Rule [1126] 634. [The 1980 amendment to paragraph] Paragraph [(b)] (B) [is intended to reflect] reflects the different treatment, under Rule [1126] 634, of trials involving only one defendant and trials involving joint defendants.
Official Note: Rule 1108 [Adopted] adopted January 24, 1968, effective August 1, 1968; amended June 30, 1975, effective September 28, 1975; amended July 1, 1980, effective August 1, 1980; renumbered Rule 633 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. 1478 (March 18, 2000).
Rule [1117] 602. Presence of the Defendant.
[(a)] (A) The defendant shall be present [at the arraignment,] at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by this rule. The defendant's absence without cause shall not preclude proceeding with the trial including the return of the verdict.
[(b)] (B) A corporation may appear by its attorney for all purposes.
[(c) In a summary case appealed for a trial de novo, if the defendant fails to appear as required by Rule 86, the trial judge may dismiss the appeal and enter judgment in the court of common pleas on the judgment of the issuing authority.]
Comment
[Paragraph] Former Rule 1117(c) was moved to Rule 642 (Trial de novo) in 2000 as part of the reorganization of the rules [added in 1994 to make it clear that the trial judge may dismiss a summary case appeal when the judge determines that the defendant is absent without cause from the trial de novo. If the appeal is dismissed, the trial judge should enter judgment and order execution of any sentence imposed by the issuing authority].
Official Note: Rule 1117 [Adopted] adopted January 24, 1968, effective August 1, 1968; amended October 28, 1994, effective as to cases instituted on or after January 1, 1995; renumbered Rule 602 and amended March 1, 2000, effective April 1, 2001.
Committee Explanatory Reports:
FORMER RULE 1117:
Final Report explaining the October 28, 1994 amendments published with the Court's Order at 24 Pa.B. 5841 (November 26, 1994).
FORMER RULE 602:
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Rule 1415. [Suspension of Acts of Assembly] (Rescinded).
[The following Acts of Assembly are hereby suspended:
Sections 9731, 9732, 9733, 9734, 9735, 9736, 9751, 9752, and 9759 of the Sentencing Code, 42 Pa.C.S. §§ 9731, 9732, 9733, 9734, 9735, 9736, 9751, 9752, and 9759 as being inconsistent with the rules of this Chapter.
Comment
This rule was amended in 1995 for several reasons:
(1) the Vehicle Code repealed and replaced the Act of April 29, 1959, P. L. 32, § 1206.1, which had been suspended by former paragraph (f);
(2) the JARA Continuation Act of 1980 (Act 1980-142, § 41) transferred the Sentencing Code provisions suspended by former paragraph (g) from the Crimes Code (Title 18) to the Judicial Code (Title 42);
(3) the Act of November 26, 1978, P. L. 1316, No. 319, § 2 repealed §§ 1381 and 1382 of the Act of December 30, 1974, which had been suspended by former paragraph (g); and
(4) the Judiciary Act Repealer Act repealed the other acts that were suspended by this rule. 42 P. S. § 20002(a) [150], [377], [931], [955], [1007], [1188], [1202], [1287], [1335] (1982).]
Official Note: Rule 1415 [Adopted] adopted July 23, 1973, effective 90 days hence; paragraph (g) added March 21, 1975, effective March 31, 1975; amended August 14, 1995, effective January 1, 1996; rescinded and replaced by Rule 1101 March 1, 2000, effective April 1, 2001.
Committee Explanatory Reports:
Final Report explaining the August 14, 1995 amendments published with the Court's Order at 25 Pa.B. 3472 (August 26, 1995).
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Rule 2020. [Suspension of Acts of Assembly--Chapter 2000] (Rescinded).
[The Act of November 21, 1990, P. L. 588, No. 138, § 1, 42 Pa.C.S. § 8934, which authorizes the sealing of search warrant affidavits, and which is implemented by Rule 2011, is hereby suspended only insofar as it is inconsistent with Rules 2005, 2006, and 2011.]
Official Note: Rule [Adopted] adopted September 3, 1993, effective January 1, 1994; rescinded March 1, 2000, effective April 1, 2001, and replaced by Rule 1101.
Committee Explanatory Reports:
Report explaining the provisions of the new rule published at 21 Pa.B. 3681 (August 17, 1991).
Final report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
PART IV. APPENDIX
TABLE OF CONTENTS
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 Authority
130. | 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 Philadelphia
140. | 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 the 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. |
PART 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
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; Continuances. |
543. | Disposition of Case at Preliminary Hearing. |
544. | Reinstituting Charges Following Withdrawal or Dismissal. |
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. |
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: Stays of Execution of Sentence; 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. |
DERIVATION TABLE
New Rule | Former Rule |
CHAPTER 1. GENERAL PROVISIONS |
100. | Scope of Rules. | Former Rule 1 |
101. | Purpose and Construction. | Former Rule 2 |
102. | Citing the Criminal Procedural Rules. | Former Rule 4 |
PART A. Business of the Courts |
103. | Definitions. | Former Rule 3 |
104. | Design of Forms. | Former Rule 5 |
105. | Local Rules. | Former Rule 6 |
106. | Continuances In Summary and Court Cases. | Former Rule 301 |
107. | Contents of Subpoena. | Former Rule 9016 |
108. | Habeas Corpus Venue. | Former Rule 1701 |
109. | Defects in Form, Content, or Procedure. | Former Rules 90, 150 |
110. | Special Orders Governing Widely-Publicized or Sensational Cases. | Former Rule 326 |
111. | Public Discussion of Pending or Imminent Criminal Litigation by Court Personnel. | Former Rule 327 |
112. | Publicity, Broadcasting, and Recording of Proceedings. | Former Rules 27, 328 |
113. | Notice of Court Proceeding(s) Requiring Defendant's Presence. | Former Rule 9024 |
114. | Notice and Docketing of Orders. | Former Rule 9025 |
115. | Recording and Transcribing Court Proceedings. | Former Rule 9030 |
PART B. Counsel |
120. | Attorneys--Appearances and Withdrawals. | Former Rule 302 |
121. | Waiver of Counsel. | Former Rule 318 |
122. | Assignment of Counsel. | Former Rule 316 |
123. | Application for the Assignment of Counsel. | Former Rule 317 |
124. | In Forma Pauperis. [RESERVED] | No Former Rule |
PART C. Venue, Location, and Recording of Proceedings Before Issuing Authority |
130. | Venue. | Former Rule 21 |
131. | Location of Proceedings Before Issuing Authority. | Former Rule 22 |
132. | Continuous Availability and Temporary Assignment of Issuing Authorities. | Former Rule 23 |
133. | Powers of Temporarily Assigned Issuing Authorities. | Former Rule 24 |
134. | Objections to Venue. | Former Rule 25 |
135. | Transcript of Proceedings Before Issuing Authority. | Former Rule 26 |
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 Philadelphia |
140. | Contempt Proceedings Before District Justices, Pittsburgh Magistrates Court Judges, and Philadelphia Traffic Court Judges. | Former Rule 30 |
141. | Appeals from Contempt Adjudications by District Justices, Pittsburgh Magistrates Court Judges, or Philadelphia Traffic Court Judges. | Former Rule 31 |
142. | Procedures Governing Defaults in Payment of Fine Imposed As Punishment for Contempt. | Former Rule 32 |
CHAPTER 2. INVESTIGATIONS |
PART A. Search Warrants |
200. | Who May Issue. | Former Rule 2001 |
201. | Purpose of Warrant. | Former Rule 2002 |
202. | Approval of Search Warrant Applications by Attorney for the Commonwealth--Local Option. | Former Rule 2002A |
203. | Requirements for Issuance. | Former Rule 2003 |
204. | Person to Serve Warrant. | Former Rule 2004 |
205. | Contents of Search Warrant. | Former Rule 2005 |
206. | Contents of Application for Search Warrant. | Former Rule 2006 |
207. | Manner of Entry Into Premises. | Former Rule 2007 |
208. | Copy of Warrant; Receipt for Seized Property. | Former Rule 2008 |
209. | Return With Inventory. | Former Rule 2009 |
210. | Return of Papers to Clerk. | Former Rule 2010 |
211. | Sealing Search Warrant Affidavits. | Former Rule 2011 |
PART B(1). Investigating Grand Juries |
220. | Motion and Order for Investigating Grand Jury. | Former Rule 251 |
221. | Summoning Investigating Grand Jurors. | Former Rule 252 |
222. | Composition and Organization of the Investigating Grand Jury. | Former Rule 253 |
223. | Administering Oath to Stenographer. | Former Rule 255 |
224. | Administering Oath to Court Personnel. | Former Rule 256 |
225. | Administering Oath to Grand Jury and Foreman. | Former Rule 257 |
226. | Charge to Investigating Grand Jury. | Former Rule 258 |
227. | Administering Oath to Witness. | Former Rule 259 |
228. | Recording of Proceedings Before Investigating Grand Jury. | Former Rule 260 |
229. | Control of Investigating Grand Jury Transcript/Evidence. | Former Rule 261 |
230. | Disclosure of Testimony Before Investigating Grand Jury. | Former Rule 263 |
231. | Who May Be Present During Session of an Investigating Grand Jury. | Former Rule 264 |
B(2). Statewide or Regional Investigating Grand Juries |
240. | Applicability of Investigating Grand Jury Rules. | Former Rule 270 |
241. | Summoning Jurors for Statewide or Regional Investigating Grand Juries. | Former Rule 271 |
242. | Providing Prospective Jurors for Statewide or Regional Investigating Grand Juries. | Former Rule 272 |
243. | Location of Statewide or Regional Investigating Grand Juries. | Former Rule 273 |
244. | Venue. | Former Rule 274 |
CHAPTER 3. ACCELERATED REHABILITATIVE DISPOSITION |
Committee Introduction to Chapter 3. | No Former Chapter # |
PART A. Summary Cases |
300. | Accelerated Rehabilitative Disposition in Summary Cases. | Former Rule 160 |
301. | Procedures for Accelerated Rehabilitative Disposition in Summary Cases Before the Minor Judiciary. | Former Rule 161 |
302. | Procedures for Accelerated Rehabilitative Disposition in Summary Cases in the Court of Common Pleas--Local Option. | Former Rule 162 |
PART B. Court Cases |
310. | Motion for Accelerated Rehabilitative Disposition. | Former Rule 176 |
311. | Application Process and Notice of Motion by Attorney for the Commonwealth. | Former Rule 177 |
312. | Hearing, Explanation of Program. | Former Rule 178 |
313. | Hearing, Manner of Proceeding. | Former Rule 179 |
314. | Deferring Action Upon Admission to Program Before Information. | Former Rule 180 |
315. | Deferring Adjudication of the Charges Upon Admission to Program After Information. | Former Rule 181 |
316. | Conditions of the Program. | Former Rule 182 |
317. | Procedure Upon Refusal to Accept the Conditions. | Former Rule 183 |
318. | Procedure on Charge of Violation of Conditions. | Former Rule 184 |
319. | Procedure for Obtaining Order for Dismissal Upon Successful Completion of the Program. | Former Rule 185 |
320. | Expungement Upon Successful Completion of ARD Program. | Former Rule 186 |
CHAPTER 4. PROCEDURES IN SUMMARY CASES |
Committee Introduction to Chapter 4. | Former Chapter 50 |
PART A. Instituting Proceedings |
400. | Means of Instituting Proceedings in Summary Cases. | Former Rule 51 |
401. | Means of Instituting Proceedings in Summary Cases Charging Parking Violations. | Former Rule 95 |
PART B. Citation Procedures |
402. | Persons Who Shall Use Citations. | Former Rule 52 |
403. | Contents of Citation. | Former Rule 53 |
PART B(1). Procedures When Citation Is Issued to Defendant |
405. | Issuance of Citation. | Former Rule 55 |
406. | Procedure Following Issuance of Citation. | Former Rule 56 |
407. | Pleas in Response to Citation. | Former Rule 57 |
408. | Not Guilty Pleas--Notice of Trial. | Former Rule 58 |
409. | Guilty Pleas. | Former Rule 59 |
PART B(2). Procedures When Citation Filed |
410. | Filing of Citation. | Former Rule 60 |
411. | Procedures Following Filing of Citation--Issuance of Summons. | Former Rule 61 |
412. | Pleas in Response to Summons. | Former Rule 62 |
413. | Not Guilty Pleas--Notice of Trial. | Former Rule 63 |
414. | Guilty Pleas. | Former Rule 64 |
PART C. Procedures in Summary Cases When Complaint Filed |
420. | Filing of Complaint. | Former Rule 65 |
421. | Procedure Following Filing of Complaint--Issuance of Summons. | Former Rule 66 |
422. | Pleas in Response to Summons. | Former Rule 67 |
423. | Not Guilty Pleas--Notice of Trial. | Former Rule 68 |
424. | Guilty Pleas. | Former Rule 69 |
PART D. Arrest Procedures in Summary Cases |
PART D(1). Arrests With A Warrant |
430. | Issuance of Arrest Warrant. | Former Rule 75 |
431. | Procedure When Defendant Arrested With Warrant. | Former Rule 76 |
PART D(2). Arrests Without A Warrant |
440. | Arrest Without Warrant. | Former Rule 70 |
441. | Procedure Following Arrest Without Warrant. | Former Rule 71 |
PART E. General Procedures in Summary Cases |
450. | Motions. [RESERVED] | No Former Rule |
451. | Service. | Former Rule 80 |
452. | Collateral. | Former Rule 81 |
453. | Joinder of Offenses and Defendants. | Former Rule 82 |
454. | Trial in Summary Cases. | Former Rule 83 |
455. | Trial in Defendant's Absence. | Former Rule 84 |
456. | Default Procedures: Restitution, Fines, and Costs. | Former Rule 85 |
457. | Withdrawal of Charges in Summary Cases. | Former Rule 87 |
458. | Dismissal in Summary Cases Upon Satisfaction or Agreement. | Former Rule 88 |
PART F. Procedures in Summary Cases for Appealing to Court of Common Pleas for a Trial De Novo |
460. | Notice of Appeal. | Former Rule 86(A), (D), (E), (F), (H), (I) |
461. | Stays. | Former Rule 86(B), (C) |
462. | Trial De Novo. | Former Rules 86(G) and 1117(c) |
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. | Former Rule 91 |
471. | Disposition Report. | Former Rule 92 |
CHAPTER 5. PRETRIAL PROCEDURES IN COURT CASES |
PART A. Preservation of Testimony |
500. | Preservation of Testimony After Institution of Criminal Proceedings. | Former Rule 9015 |
501. | Preservation of Testimony by Videotape Recording. | Former Rule 9015A |
PART B. Instituting Proceedings |
502. | Instituting Proceedings in Court Cases. | Former Rule 101 |
PART B(1). Complaint Procedures |
503. | Complaint Procedures Generally. | Former Rule 103 |
504. | Contents of Complaint. | Former Rule 104 |
505. | Complaints: Joinder of Offenses and Defendants. | Former Rule 105 |
506. | Approval of Private Complaints. | Former Rule 106 |
507. | Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth--Local Option. | Former Rule 107 |
508. | Procedure Following Submission of Complaint to Issuing Authority. | Former Rule 108 |
509. | Use of Summons or Warrant of Arrest in Court Cases. | Former Rule 109 |
PART B(2). Summons Procedures |
510. | Contents of Summons; Time of Preliminary Hearing. | Former Rule 110 |
511. | Service of Summons. | Former Rule 112 |
512. | Procedure in Court Cases Following Issuance of Summons. | Former Rule 113 |
PART B(3). Arrest Procedures in Court Cases |
(a) Arrest Warrants |
513. | Requirements for Issuance. | Former Rule 119 |
514. | Duplicate and Alias Warrants of Arrest. | Former Rule 121 |
515. | Execution of Arrest Warrant. | Former Rule 122 |
516. | Procedure in Court Cases When Warrant of Arrest Is Executed Within Judicial District of Issuance. | Former Rule 123 |
517. | Procedure in Court Cases When Warrant of Arrest Is Executed Outside Judicial District of Issuance. | Former Rule 124 |
(b) Arrests Without Warrant |
518. | Procedure in Court Cases Initiated by Arrest Without Warrant. | Former Rule 102 |
PART C. Bail |
520. | Bail Before Verdict. | Former Rule 4001 |
521. | Bail After Finding of Guilt. | Former Rule 4009 |
522. | Detention of Witnesses. | Former Rule 4017 |
PART C(1). Release Procedures |
523. | Release Criteria. | Former Rule 4002 |
524. | Types of Release on Bail. | Former Rule 4003 |
525. | Bail Bond. | Former Rule 4004 |
526. | Conditions of Bail Bond. | Former Rule 4005 |
527. | Nonmonetary Conditions of Release on Bail. | Former Rule 4006 |
528. | Monetary Condition of Release on Bail. | Former Rule 4007 |
529. | Modification of Bail Order Prior to Verdict. | Former Rule 4008 |
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