[30 Pa.B. 1511]
[Continued from previous Web Page]
TAX APPEALS L5003. Appeals from Real Estate Assessment
The following rules shall apply to all appeals from a real estate assessment determined by the Board of Assessment Appeals (Board) of Warren or Forest County. These rules apply to all appeals taken following their effective date, and may be applied as appropriate to current appeals ninety (90) days after their effective date.
Definitions Board--the County Board of Assessment Appeals of Warren or Forest County.
Taxing Authority--municipalities, such as school districts, boroughs, townships, of Warren and Forest Counties.
Property Owner--the taxpayer, whether singular or plural, that owns the property which is the subject of an appeal.
Appraisal--an opinion of a qualified expert as to the value of property.
Date of Notification--date which is stamped on the decision of the Board.
Commercial Property--any property whose purpose is to generate income for its owner.
(a) Filing Instructions:
1. An appeal from the decision of the Board shall be filed within thirty (30) days from the date of notification by the Board.
2. Ten (10) days after filing the appeal the appellant shall serve a copy of the appeal on the Board and all affected taxing authorities or property owners by certified mail to the Board, to the property owner at his, her, its, or their registered address as shown on the tax records, and on the taxing districts at their business address.
3. Within twenty (20) days of service of the appeal, the appellant shall file an affidavit of service.
4. For purposes of service or notice, an appellant or party may use the address provided to the Board as part of its proceedings.
5. The Board shall automatically be a party to any appeal unless it specifically declines that status in writing.
Any taxing authority or property owner entitled to be notified of an appeal may become a party to the proceedings by filing an entry of appearance within one hundred-twenty (120) days of the filing of the appeal. The entry of appearance shall be considered to deny the allegations in the appellant's petition, except for the names of the parties and the location of the taxable property. However, any party may plead additional material by way of answer or new matter, as appropriate, within (30) days of becoming a party.
(b) Contents of Appeal:
1. Names and addresses of the taxpayer and the taxing districts;
2. Identification of the property, including street address and tax parcel number;
3. Reason(s) for the appeal. For the purposes of this section, where a challenge is based on fair market value, it shall be sufficient to state that the assessment pursuant to the applicable State Tax Equalization Board, common level or predetermined ratio, is excessive. Where the challenge is based on uniformity as the basis for the appeal. Where a challenge is based on class certification for the purposes of a class action suit, the appellant shall state with specificity the alleged error of law or abuse of discretion committed by the Board of Assessment Appeals.
4. Photocopy of the decision or the Board, if any.
(c) Discovery Procedures:
1. The appellant shall provide the Board and the other parties entitled to notice of the appeal with a copy of appellant's appraisal within sixty (60) days of filing the appeal. The other parties shall then have ninety (90) days from the receipt of the appellant's appraisal to provide the appellant with a counter-appraisal. Any party may designate an appraisal submitted to the Board as its appraisal for the purposes of appeal. Appraisals must certify that the appraiser's fee is not contingent upon the results of the appeal.
2. Any party who fails to provide an appraisal within the time frame provided by this rule or by leave of court or within such time as may be agreed to by the parties will not be allowed to present evidence of valuation at trial. This rule shall not preclude the Board for presenting County records in support of its valuation. Such records shall be admissible in evidence as official records in accordance with the requirements of the Judicial Code, 42 Pa.C.S.A. § 6103. Further, this rule shall not preclude a homeowner from presenting his own opinion as to his property's value.
3. The names of all witnesses to be called at trial by any party, other than rebuttal witnesses later determined, shall be provided to all other parties within one hundred fifty (150) days of the appeal date.
4. Additional discovery shall be by leave of court only.
5. The matter shall be scheduled for trial before the assigned judge after the lapse of one hundred fifty (150) days from the appeal date. Any party may request an administrative conference at any time up to one hundred twenty (120) days after the appeal date.
6. Masters may be appointed in cases involving a voluminous record or particularly complex issues.
7. Time periods may be extended for cause shown.
(d) Class Action Appeal:
In all cases involving an appeal from class action certification, a full record shall be made before the Board of Assessment Appeals.
(e) Discontinuance:
The party filing the appeal may discontinue the appeal prior to the time set for the first exchange of appraisals. Thereafter, the appeal may be discontinued only with the agreement of all parties, or by leave of court.
(f) Tax Exemption Cases:
1. All appeals to court from a determination of the Board of Tax Assessment Appeals involving a claimed exemption from real estate tax shall be accompanied by the full and complete transcript of the hearing before the Board, together with all documentary evidence entered as part of that record and the Board's Findings of Fact and Conclusions of Law in support of its decision.
2. In any appeal to the Board or to Court involving a claimed exemption from real estate taxation, the property owner claiming tax exemption shall be subject to such relevant discovery by written interrogatories, deposition and production of documentary evidence as reasonably bears on the property owner's claim of tax exemption. Discovery shall be requested and completed within one hundred twenty (120) days from the requesting party's receipt of notice of the initial application to the Board. Except in cases where such discovery request has not been complied with prior to the Board's hearing, no additional discovery shall be permitted on appeal to Court from the Board's decision, except by leave of court.
Comment This rule specifically does not require simultaneous exchange of information; instead the entity filing an appeal should bear the initial expense and burden of producing an appraisal. This rule should then conserve resources by giving the respondent the opportunity to accept the appellant's appraisal as satisfactory before ordering his or its own appraisal.
37th Judicial District
Rule of Judicial Administration 1901Prompt Disposition of Matters; Termination of Inactive Cases
(1) The Prothonotary shall, upon the periodic request of the Court Administrator, cause a report to be prepared which lists all civil matters, except support and eminent domain proceedings, in which no steps or proceedings have been docketed for two years or more prior thereto.
(2) Upon receipt of the report prepared by the Prothonotary, the Court Administrator shall give to all counsel of record, and to all parties from whom no appearance has been entered at least thirty (30) day's notice of the Court's intention to terminate the matter as provided by Pa.R.J.A. No. 1901(c). The Court Administrator shall note therein that a rule has been entered to show cause by written objection why the matter should not be dismissed pursuant to Rule R.J.A. No. 1901.
(3) If any such notices are returned by the postal authorities as undelivered for any reason, the Court Administrator shall forward said notice to the Prothonotary's Office for placement in the official file. The Prothonotary's Office shall prepare a list of any such cases and cause the same to be published one time in the legal periodical, together with a notice that said cases will be terminated 30 days after the date on which the list is published. The cost of publication shall be borne by the office of the Prothonotary. The Prothonotary shall transmit a copy of such list to the Court Administrator.
(4) If no written objection is docketed prior to the date set for the rule returnable or within thirty (30) days after publication as set forth in (3) above, an order shall be entered by the Court dismissing the matter with prejudice for failure to prosecute under the provisions of this rule. If objections are filed, the Court will review any objections and, if appropriate, schedule a hearing thereon.
(5) Each district justice shall, at least annually, compile a list of civil and criminal summary cases filed in their offices in which no steps or proceedings have been taken for two years or more prior thereto. Notice of intention to terminate shall be given by the district justice as set forth in Pa.R.J.A. 1901(c). In criminal summary cases, district justices shall give notice thereof to the District Attorney, any private prosecutor, the defendant, and the defendant's attorney of record as provided by Pa.R.J.A. 1901(c).
(6) If any such notices are returned by the postal authorities as undelivered, the district justice shall prepare a list thereof and cause the same to be published one time in the legal periodical, together with a notice that said cases will be terminated thirty (30) days after the date on which the list is published. The cost of publication shall be borne by the office of the district justice.
If no written objection is received by the district justice prior to the date for the rule returnable or within thirty (30) days after publication as set forth in (6) above, an order shall be entered dismissing the matter with prejudice for failure to prosecute under the provisions of this rule.
RULES OF CRIMINAL PROCEDURE Rule 1. Scope of Local Rules.
These rules are adopted in accordance with the Pennsylvania Rules of Criminal Procedure and are applicable to criminal cases in the Court of Common Pleas of Forest and Warren Counties, Pennsylvania and the District Justice Courts of Forest and Warren Counties, Pennsylvania to the extent appropriate.
Rule 2. Purpose and Construction.
These rules are intended and shall be construed to supplement the Pennsylvania Rules of Criminal Procedure.
Rule 3. Definitions.
(1) The definitions of terms used in these rules shall be the same as those set forth in Pa. R.Crim.P. 3 except:
(a) ''Court'' shall mean the Court of Common Pleas of the 37th Judicial District.
(b) ''Issuing Authority'' shall mean any one of the current District Justices for the 37th Judicial District.
(c) ''Rule'' shall mean any rule of the Court unless otherwise indicated.
Rule 4. Citing the Rules.
These rules shall be known as the Rules of Criminal Procedure of the 37th Judicial District and shall be cited as ''Rule L Crim., ____ .
Rule 5. Design of Forms.
The design of all forms mandated for use by the Court pursuant to these rules shall be determined by the District Court Administrator of the 37th Judicial District in consultation with the Court.
Rule 10. Release of Information.
All Court House personnel, including, among others, Sheriffs, Sheriff's deputies, court clerks, law clerks, tipstaves, court reporters, secretaries and other support staff, are prohibited from disclosing any information relating to a pending criminal case that is not part of the public record of the case, unless authorized by the Court. This rule also precludes disclosure of any information whether acquired at a formal or informal judicial proceeding.
Rule 10.1. Restriction on Removal of Records and Files.
(A) No file containing original documents, nor any original documents contained therein, may be removed from the Office of the Clerk of Courts, except by special order of the Court, by anyone other than the following:
(1) A Judge of the Court or his authorized representative;
(2) The District Court Administrator;
(3) The Clerk of Courts and regularly employed and duly authorized employees of that office.
(4) Counsel of Record as authorized by the Clerk of Courts.
Rule 112. Notice to be Sent When Case is Initiated by Summons.
In all summary cases where there is a likelihood of incarceration and in all court cases where a criminal action is commenced by summons, the Issuing Authority shall mail with the summons a notice substantially in the following form printed on paper other than the color of the paper of the accompanying summons in order to comply with Pa.R.Crim.P. 110(1):
IMPORTANT NOTICE--RIGHT TO COUNSEL You have the absolute right to be represented by a lawyer. If you cannot afford a lawyer, one will be appointed to represent you free of charge.
In order to have a lawyer by the time of the preliminary hearing, you should immediately:
1. Hire a lawyer; or
2. If you believe you cannot afford to hire a lawyer, you should immediately apply to the Public Defender's Office,
Warren County Public Defender
Warren County Courthouse
Warren, PA 16365
Forest County Public Defender
Forest County Courthouse
Tionesta, PA 16353where a lawyer may be appointed to represent you free of charge if you qualify.
If you are currently incarcerated and unable to contact the Public Defender's office, you should immediately request an application from the jail officials to apply for the services of a Public Defender.
Rule 140. Notice to be Given at Preliminary Arraignment.
In all cases in which a defendant does not appear with an attorney, in addition to the Issuing Authority verbally advising the defendant as set forth in Pa.R.Crim.P. 140(d), the Issuing Authority shall provide to the defendant at his or her preliminary arraignment, a written notice substantially in the form set forth in Local Rule 112 even if the defendant has previously received the same notice pursuant to Local Rule 112.
Rule 140A. Notice Required Following Waiver of Preliminary Hearing.
If a District Justice accepts the waiver of a preliminary hearing pursuant to Pa.R.Crim.P. 140A, the District Attorney shall schedule a court arraignment and complete a Criminal Case Scheduling Form in the manner provided by Local Rule 300(3)(a) notifying the defendant of the date and place of his or her arraignment as well as future important dates and places; all in compliance with Local Rule 300(3)(a).
Rule 141. Preliminary Hearing.
If the District Justice, after completion of the preliminary hearing held pursuant to Pa.R.Crim.P. 141, binds the case over to Court, the District Attorney shall schedule a court arraignment and complete a Criminal Case Scheduling Form in a form similar to that set forth as Form 300(3)(a) so that the defendant is notified of the date and place of the arraignment as well as future important dates and places; all in compliance with Local Rule 300(3)(a).
Rule 300. Scheduling Procedures. (Warren County)
(1) Annually, no later than October 30th, the Court Administrator shall publish a schedule for the succeeding year setting forth the following pertinent dates for each case with the appropriate schedule for each case to be set in motion by the date the defendant either waives his or her preliminary hearing or is bound over following that preliminary hearing:
(a) The date of the court arraignment which shall be the first available arraignment date at least 20 days after the preliminary hearing is held or waived.
(b) The date for the settlement conference as required by Local Rule 311 which shall be no later than 45 days after court arraignment.
(c) The date for Criminal Calendar Call, which shall follow settlement conference and precede jury selection.
(d) The day of jury selection.
(2) The Court Administrator shall immediately, after publishing said schedule, provide copies to each sitting District Justice, the District Attorney's office, the Public Defender's office, and each member of the county criminal defense bar known to the Court Administrator. Copies shall also be available free of charge at all times in the Court Administrator's office and the Clerk of Courts office.
(3)(a) At the time defendant is bound over to Court or waives his preliminary hearing, the District Attorney shall complete a Criminal Case Scheduling Form with an original and five copies substantially in the form set forth as Form 300(3)(a).
(b) The District Justice shall orally advise the defendant and counsel of the time, date, and place of arraignment and that the failure to appear at such arraignment may result in the defendant's arrest and forfeiture of bond.
(c) The District Justice shall require the defendant to sign the Criminal Case Scheduling Form indicating the defendant is aware of the time and place of arraignment and of obligation to appear at the arraignment and other proceedings noted thereon.
(d) Once the Criminal Case Scheduling Form has been completed, the defendant shall be provided with a copy and the District Attorney shall retain a copy. If they are present, a copy shall be provided to the defendant's attorney.
All undistributed copies, together with the original Criminal Case Scheduling Form shall be attached to the official record when it is forwarded to the Clerk of Courts as required by Pa.R.Crim.P. 146 and shall be distributed by the Clerk of Courts.
Form 300 (3)(a)
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
WARREN COUNTY BRANCH
CRIMINALCOMMONWEALTH OF PENNSYLVANIA
VS. No. OTN No. _________________
Defendant
CRIMINAL CASE SCHEDULING FORM Charges: __________
Date Complaint filed: __________
Defense counsel: __________
Date of Preliminary hearing/waiver __________
IMPORTANT NOTICE You and your attorney and/or attorney's representative are required to appear for the following proceedings. These dates may not be changed without leave of Court.
1. Arraignment: ______, in the Main Courtroom, Warren County Courthouse, Warren, PA. Arraignment may be waived but only if you have an attorney prior to your arraignment date.
2. Settlement conference: _________________ , in the Main Courtroom, Warren County Courthouse, Warren, PA.
3. Criminal Calendar Call: ______ , in the Main Courtroom, Warren County Courthouse, Warren, PA.
CAUTION: CRIMINAL CALENDAR CALL WILL BE THE LAST DAY YOU WILL BE PERMITTED TO ENTER A GUILTY PLEA AS A RESULT OF A PLEA BARGAIN. AFTER THIS DATE, YOU MUST EITHER GO TO TRIAL OR PLEAD AS CHARGED.
4. Jury Selection: _________________ , in the Main Courtroom, Warren County Courthouse, Warren, PA.
FAILURE TO APPEAR ON ANY OF THE ABOVE DAYS MAY RESULT IN FORFEITURE OF YOUR BAIL BOND AND THE ISSUANCE OF A BENCH WARRANT FOR YOUR ARREST AS WELL AS ADDITIONAL CHARGES OF DEFAULT IN REQUIRED APPEARANCE.
The undersigned hereby acknowledge receipt of a copy of this notice.
Date: _________________
__________
Original: Clerk of Courts Signature of Defendant
Copies: Ct. Administrator
District Attorney __________Defense Counsel Signature of Counsel
Defendant
__________
Signature of District AttorneyRule 302. Attorneys-Appearances and Withdrawals.
(1) Counsel representing a defendant shall file a written appearance in all cases in the office of the Clerk of Courts at or before the time of arraignment. A written appearance shall be filed as soon as possible if employment follows arraignment. A copy of any such written appearance shall be forwarded to the District Attorney's office as required by these rules.
(2) The signing of a criminal case scheduling form [Rule 300(3)(a)] or waiver of arraignment by defense counsel or representative and/or the endorsement of an information shall constitute a written appearance.
Rule 303. Arraignment.
A. Arraignment
(1) Arraignment shall take place in open Court at such time as designated by the Court Administrator as required by these rules.
(2) If a defendant wishes to plead not guilty, said plea shall be noted on the information and signed by the defendant. If the defendant wishes to plead guilty or nolo contendere, the Court shall conduct a colloquy on the record prior to accepting a plea of guilty or nolo contendere. The Defendant shall be advised that he or she will not be required to attend the calendar call or the jury selection unless the plea is not entered or is refused by the Court in which case the defendant will be required to follow the original schedule provided to him or her on the Criminal Case Scheduling Form.
B. Waiver of Arraignment
(1) A defendant who has counsel of record may, prior to arraignment, waive the arraignment by filing a Waiver of Arraignment form in the Clerk of Courts office substantially similar to Form 303 B. A copy of the waiver shall be served upon the District Attorney pursuant to Local Rule 9023.
(2) If a written Waiver of Arraignment is filed prior to the scheduled date of arraignment, the scheduled date of arraignment shall be deemed the day of arraignment for the purpose of computing time limitations for filing all pre-trial motions and requests pursuant to Pa.R.Crim.P. 304, 305, and 307 and for the purpose of scheduling further dates pursuant to these rules.
Form 303 B
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
______ COUNTY BRANCH
CRIMINALCOMMONWEALTH OF PENNSYLVANIA
VS. No. OTN No. _________________
Defendant
WAIVER OF FORMAL ARRAIGNMENT AT COMMON PLEAS
COURT LEVELI, the undersigned counsel, do hereby appear on the Defendant's behalf and do waive the arraignment provided for in Pa.R.Crim.P. 303.
I, the undersigned Defendant, understand that:
1. The information containing the charges against me will be filed in the office of the Clerk of Courts and a copy will be mailed to my attorney and to me.
_____ [Defendant's initials]
2. Any discovery must be concluded 14 days after the stated arraignment date.
_____ [Defendant's initials]
3. I must file a Request for Bill of Particulars in writing within 7 days after the stated arraignment date.
_____ [Defendant's initials]
4. If I intend to offer the defense of alibi, insanity or mental infirmity, I must notify the attorney for the Commonwealth in writing within 30 days after the stated arraignment date.
_____ [Defendant's initials]
5. I must file all pre-trial motions for relief on or before 30 days from the stated arraignment date.
_____ [Defendant's initials]
6. If I fail to file any motions for discovery or pre-trial relief within the prescribed time limits, it shall be considered a waiver of my right to file such motions.
_____ [Defendant's initials]
7. I must give the Court notice no later than the time set for the call of the trial list in my case [which date has been provided to me on the Criminal Case Scheduling Form I have received] if I desire to have my case tried before a judge without a jury.
_____ [Defendant's initials]
8. If I want to enter a guilty or no contest plea in this case as a result of a plea bargain, I must do so no later than the date set for criminal calendar call.
_____ [Defendant's initials]
Date: ______
_________________
Signature of Defendant
_________________
Signature of CounselOriginal: Clerk of Courts
Copies: Court Administrator
District Attorney
Defense Counsel
DefendantRule 307. Time for Omnibus Pre-Trial Motion.
Any omnibus pre-trial motion not filed within 30 days after arraignment must set forth the reasons why it was not filed timely unless the late filing has been agreed to by the District Attorney or already permitted by previous order of Court. If the reasons are not stated within the motion, there has been no agreement with the District Attorney and there has been no prior order of court allowing the late filing, such motion may be summarily dismissed within the discretion of the Court.
Rule 308. Transportation of Defendant for Court Proceedings.
(1) For incarcerated defendants, transportation orders must be obtained from the Court and served upon the Sheriff at least 7 days prior to the time he or she is to appear if he or she is incarcerated in an out-of-county facility.
(2) The responsibility for obtaining a transportation order shall be on:
(a) The District Attorney, if the defendant is required to appear at trial or at a hearing set upon motion of the District Attorney, or if the defendant is unrepresented by counsel or is proceeding pro se.
(b) Defense counsel if the defendant is required for a hearing set upon motion of the defendant. If the location of the defendant cannot reasonably be determined by defense counsel, such information may be sought from the District Attorney's office and shall be reasonably provided to the defendant's counsel.
Rule 311. Settlement Conference. (Warren County)
(1) Based on a schedule published by the Court Administrator each year, no later than October 30th for the succeeding year, at the time a defendant either waives his preliminary hearing or is bound over following a preliminary hearing, he will be given a specific date for a settlement conference which date shall be no later than 45 days after the formal arraignment required by Local Rule 303. Each settlement conference shall be held in the Main Courtroom at times designated by the Court Administrator. Defense counsel and each defendant will be required to attend the settlement conference unless the defendant has previously entered a plea of guilty or nolo contendere; a plea date is already scheduled; the matter is being considered for ARD disposition or the matter has been resolved in some other manner.
(2) Defense counsel and the defendant shall assemble in the Main Courtroom or such other designated location and the District Attorney shall have representatives available with authority to take a position on behalf of the District Attorney on each case.
(3) The District Attorney representative and defense counsel shall meet to discuss each case and at the discretion of counsel the defendant may participate in all or part of those discussions but the defendant shall remain available at the Courthouse until the defendant's conference is concluded.
(4) At the end of the settlement conference, a Certificate of Conference substantially in the form set forth as Form 311(4) shall be filled out and shall be signed by the District Attorney's representative, defense counsel and the defendant. The original Certificate of Conference shall be filed promptly with the Court Administrator by the District Attorney's office and the District Attorney's office shall also supply a copy of the Certificate of Conference to defense counsel and the defendant. A copy of the Certificate of Conference shall not be filed among the official papers in the Clerk of Courts office.
(5) Any pleas reached at the conclusion of the settlement conferences shall be entered before the Court on the same date as settlement conferences.
(6) The District Attorney will supply a list of defendants who will be entering pleas to the Court Administrator on each day set for settlement conferences and arraignments.
(7) A scheduled settlement conference may not be continued until another date unless ordered by the Court upon written motion filed by a party.
Form 311 (4)
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
______ COUNTY BRANCH
CRIMINALCOMMONWEALTH OF PENNSYLVANIA
VS. No._________________
Defendant
CERTIFICATE OF CONFERENCE We, the undersigned attorneys [or Defendants if not represented by counsel], hereby certify that we have held a settlement conference in this case with the following result [complete Section I if you have reached a plea agreement or Section II if you have not reached a plea agreement]:
SECTION I ____ 1. An agreement has been reached and that agreement is: __________
__________
____ 2. No agreement has been reached and we anticipate this matter will be going to trial.
____ 3. No agreement has been reached but the parties have had productive discussions and an agreement may likely still be reached.
SECTION II HAS DISCOVERABLE MATERIAL BEEN EXCHANGED?
Yes ____ No ____ARE ANY DEFENSE MOTIONS PENDING AT THIS TIME?
Yes ____ No ____ IF SO, SPECIFY TYPE OF MOTION(S)__________
ARE ANY DEFENSE MOTIONS ANTICIPATED?
Yes ____ No ____
HAS ARD BEEN APPLIED FOR?
Yes ____ No ________________
Assistant District Attorney Defense Attorney_________________
DefendantI certify that I have been available throughout the settlement conference and at the end of the settlement conference I have reviewed the Certificate of Conference and I further understand the date and time I am to next appear in Court. Additionally, I certify that I have been advised of the last day I will be permitted to enter a plea as a result of a plea agreement and the last day I will be permitted to request a non-jury trial both of which will be the date of the call of the trial list.
_________________
DefendantDate and time the Defendant is to next appear in Court [to be filled in by District Attorney representative at the end of the settlement conference]: __________
The last day the Defendant will be permitted to enter a plea based on any plea agreement or waive any jury trial in favor of a non-jury trial is at the call of the trial list [to be filled in by District Attorney representative at the end of the settlement conference]: __________
Thereafter, the Defendant will only be permitted to go to trial or plead as charged.
Original: Court Administrator
Copies: District Attorney
Defense Counsel
DefendantRule 319. Plea Agreements.
(1) The Court will be available for the purpose of taking guilty or nolo contendre pleas from time to time as designated by the Court Administrator which dates shall always include each afternoon when settlement conferences are held and immediately after the call of each criminal trial list.
(2) After pleas are taken following the call of the trial list, the Court will not accept any plea for a case on that criminal list unless said plea is a straight plea as charged and in no way is a negotiated plea even for the purposes of a sentencing recommendation by the District Attorney.
(3) The Court may waive this prohibition against late plea agreements only if both parties agree and have shown good cause for doing so to the Court. In the event the Court does find good cause shown and agrees to take the negotiated plea, such plea may be taken at that time or the case may be continued by the Court for the plea to be taken at another date all as the Court may direct.
(4) The call of the criminal trial list for a particular criminal term of Court shall be held by the Court prior to the first day of the criminal term of court as set forth on the schedule prepared by the Court Administrator pursuant to Local Rule 300(1).
(a) All defendants and all attorneys representing defendants on the call of the list must attend the criminal calendar call unless:
(1) A date certain has been scheduled for the entry of a plea; or
(2) A motion for a continuance has been previously properly presented and granted; or
(3) The Court has excused a defendant and/or counsel based on good cause shown or defense counsel and the District Attorney's office have agreed that the defendant and/or counsel may be excused from the call of the list.
(b) Failure to comply with the requirements of this rule may result in the imposition of sanctions of the Court including the issuance of a bench warrant and revocation of bail bond. Additionally, the District Attorneys office may file a charge of default in required appearance.
Rule 1111. Contact with Jurors.
Before or during the trial of a case, no attorney, party or witness, shall communicate, or cause another to communicate, with any member of the jury, or anyone known to be a member of the venire from which the jury is selected for the trial of a case.
Rule 1130. Admission and Custody of Exhibits.
(A) Counsel for the respective parties shall retain possession, and shall be responsible for, the care and custody of all tangible exhibits used at hearings and trials, whether or not they have been presented, marked, identified and used, until such time as they have been formally offered into evidence.
(B) From and after an order of admission, or if admission is denied, if the Court should so order, the Clerk of Courts shall take possession, and shall be responsible for the care and custody of all such tangible exhibits during the remainder of the hearing or trial, and thereafter, until further order of the Court.
(C) At any time after final disposition of the case, including the expiration of any applicable appeal period, the Clerk of Courts may, after notice to counsel for all parties, petition the Court for an order authorizing the removal and disposition by destruction, or otherwise, of any tangible exhibit of a size or weight precluding its enclosure in a regular case file.
Rule 1405. Probation/Parole General Rules and Regulations.
The Court, whenever sentencing a defendant to probation or granting parole, shall state in its order that the general rules, regulations and conditions governing probation and parole in Forest and Warren Counties shall be applicable and all of the following shall apply unless specifically deleted by the Court in its order or in a subsequent order:
1. The defendant will be in the legal custody of the Court until the expiration of his/her probation/parole or the further order of Court, and the Probation or Parole Officer has the power any time during this period, in case of violation by the defendant of any of the conditions of his/her probation/parole, to detain the defendant in a county prison and make a recommendation to the Court, which may result in the revocation of probation/parole and commitment to a penal or correctional institution for service of the sentence.
2. The defendant will report regularly to the Probation/Parole Department, in person or in writing, and reply to any communication from the Court or the Probation/Parole Department.
3. The defendant will live at an address provided to the Probation/Parole Department and may not change that residence without prior permission from that department.
4. The defendant will not travel outside of Pennsylvania or the community to which he/she has been paroled or placed on probation as defined by his/her Probation/Parole Officer without prior permission.
5. The defendant will comply with all municipal, county, state and federal criminal laws, and abide by any written instructions of his/her Probation/Parole Officer. The defendant will immediately notify his/her Probation/Parole officer of any arrest or investigation by law enforcement agencies.
6. If the defendant is not employed, he/she will make every effort to obtain and maintain employment and support any dependents he/she has. The defendant will obtain written permission prior to changing employment. If the defendant loses his/her job, he/she will immediately notify his/her Probation/Parole Officer and cooperate in any effort he/she may make to obtain employment for the defendant. Job hopping is strictly forbidden.
7. The defendant shall abstain completely from the use and possession of illegal controlled substances.
8. If the defendant has been convicted of a felony or a misdemeanor involving the use or possession of a weapon, he/she shall not be permitted to own, possess or have access to any firearm.
If the defendant has been convicted of a non-weapons misdemeanor, with the advance permission of his/her Probation/Parole Officer, he/she may possess weapons to be used exclusively for hunting or other sports activities. This decision shall be solely at the discretion of his/her Probation/Parole Officer.
9. The defendant may not use alcoholic beverages nor may he/she go into places of business where alcoholic beverages are sold unless, at the discretion of the Probation/Parole Department, this condition is totally or partially waived in writing.
10. All fines, costs and restitution imposed upon the defendant by the Court must be paid immediately or in accordance with any schedule set up by the Court or the Probation/Parole Department before the defendant will be released from probation/parole.
11. The defendant will attend any therapeutic program offered by a recognized agency when directed to do so by his/her Probation/Parole Officer.
12. The Probation/Parole Department may place the defendant in the electronic monitoring/house arrest program at its discretion if there is a violation of any conditions of probation/parole. The defendant will be responsible to pay the costs of the program if placed in it.
13. The defendant will not annoy or harass any victim of his/her crime or any witnesses and shall not procure anyone else to do so.
14. If the defendant believes that his/her rights have been violated as a result of Probation/Parole supervision, the defendant may submit a timely complaint in writing, first to the Chief Probation/Parole Officer and then to the Judge at the Forest/Warren County Courthouse in Tionesta/Warren, Pennsylvania, if the matter is not satisfactorily resolved.
15. The defendant shall obey the law and be of good behavior generally.
16. The defendant shall submit to random and periodic testing to determine the use and presence of any illegal substances and/or alcoholic beverages.
17. The defendant shall report to the Forest/Warren County Probation/Parole Department within 24 hours after being released from any institution.
18. The defendant shall comply with any curfew imposed by the Probation/Parole Department.
19. The defendant shall always be truthful and accurate in any written or oral statements the defendant makes to a Probation/Parole Officer or member of the staff of the Probation/Parole Department.
20. The defendant shall receive a copy of these general terms and conditions of probation/parole at or about the time supervision commences.
Rule 1409. Violation of Probation or Parole: Hearing and Disposition.
When it is alleged that a defendant is in violation of his or her probation/parole, a Gagnon I hearing shall be held before a member of the Adult Probation staff designated for that purpose by the President Judge. This hearing will be held within ten (10) Court business days if the defendant is incarcerated as a result of the violation(s). That designated hearing officer shall be responsible for advising the defendant of all information required at a Gagnon I hearing. Should the hearing officer, at the Gagnon I hearing, find that a prima facia case exists, the following procedure shall be followed. Should a determination be made by the hearing officer at the Gagnon I hearing, that the defendant should be returned to continued supervision at liberty, the defendant shall be released from custody, if incarcerated, and continue on probation/parole.
A Gagnon II hearing, whether it be with regard to a contested violation, alleged violations or merely for the purpose of disposition or for both purposes, shall be scheduled promptly, but no later than 120 days after the Gagnon I hearing. This shall be done by the hearing officer filing a motion with the Court Administrator requesting that a Gagnon II hearing be scheduled and advising in that motion as to when the Gagnon I hearing was completed. That motion shall also indicate whether the allegations are contested or whether the Gagnon II hearing will be for disposition purposes only. The hearing officer shall serve a copy of the motion upon the District Attorney's office. The defendant shall be afforded the right to representation by an attorney of choice, or upon his/her application, the appointment of the Public Defender for the Gagnon II hearing.
Rule 1410. Arrest and Processing of Probation/Parole Violators.
When a duly appointed adult probation officer has conducted an investigation which reveals that a violation of supervision has been committed by the defendant, the officer shall request a supervisor to issue a ''Supervisor's Warrant'' for the arrest and detention of the defendant. The defendant shall be arrested upon issuance of the warrant, by any peace officer in the Commonwealth authorized to make arrests, or in the case of a defendant who has absconded the Commonwealth, the warrant shall be submitted to the proper police agency for processing as per normal procedure. Following arrest, the filing officer shall request a Gagnon I hearing before the Court designated hearing officer, which will be held within ten (10) Court business days. The above procedure relating to Rule 1409 shall then be followed.
Should the filing officer determine that a supervisor's warrant is not needed, a Gagnon I hearing will be scheduled as soon as possible following discovery of the violation(s), and the 1409 procedure will continue as stated. Notice of the Gagnon I hearing, in this instance, shall be served upon the defendant by the filing officer and a Gagnon I hearing would then be scheduled at the convenience of the hearing officer.
Rule 9020. Motions.
Uncontested Motions
(1) Uncontested motions-defined. Uncontested motions are defined as those:
(a) Motions upon which all parties or their counsel of record have consented to the motion and the proposed order; or
(b) Where the proposed order seeks only a rule to show cause with a return hearing or argument date and no other or further relief.
(2) Filing of uncontested motions. Uncontested motions shall be filed with the Clerk of Courts and then may be presented to the judge for entry of the uncontested proposed order.
(3) Notice and service to opposing party or counsel. Before an uncontested motion is filed, the moving party shall furnish a copy of the motion and any proposed order to the other party or counsel of record if the party is represented. Certification that the motion and proposed order are uncontested shall be completed and attached thereto in a form similar to that set forth as Form 9020B(3). Counsel may indicate that the other party or counsel have consented; consents of the other party or counsel are attached or that the order only seeks a return hearing or argument date and no other relief.
Contested Motions
In all contested matters, the moving party shall serve upon the opposing party or their counsel, if they have counsel, a copy of the proposed motion and the order, prior to presentation to the judge and shall have informed the opponent of the date and time when the proposed motion and order is to be presented. Such notice and service shall occur at least two business days prior to the date of presentation in a manner set forth in Local Rule 9023. Service for the purpose of this rule must be reasonably calculated to have occurred in a manner that the other party actually has the notice at least two business days prior to the presentation of the motion except upon consent of both parties or leave of Court. Certification of notice and service shall be attached in a form similar to that set forth as Form 9020B(3).
A proposed order shall accompany each motion or petition filed.
Form 9023 B (3)
NOTICE You are hereby notified that the attached motion/petition will be presented by me on ______ , ____ :
( ) to the Court as an uncontested matter;
( ) to the Court at _____ o'clock a.m./p.m.
CERTIFICATION OF NOTICE AND SERVICE The undersigned represents that two days prior notice and a copy of this motion and proposed order have been served by ( ) hand delivery, ( ) first class mail, ( ) certified or registered mail, ( ) facsimile on the ____ day of ______ , ____ upon the other party or their counsel of record in accordance with Pa.R.Crim.P. 9023 and Local Rule 9023. [The date indicated for service shall be the date determined that actual service occurred pursuant to Local Rule 9023.]
INFORMATION FOR COURT ADMINISTRATOR A. Estimated Court time required if this matter is granted:
______ minutes ______ hours ______ days
B. Is this motion/petition opposed by the other party?
_____ yes _____ no
C. Judge previously involved [Sentencing Judge if applicable]:
__________D. (1) Schedule for next available argument court.
(2) Schedule first available time.
UNCONTESTED MOTION CERTIFICATION The undersigned represents that:
_____ 1. The other party or counsel have consented.
_____ 2. Consents of the other party or counsel are attached.
_____ 3. The order seeks only a return hearing or argument date and no other relief.
I HEREBY CERTIFY ALL OF THE ABOVE STATEMENTS ARE TRUE AND CORRECT.
Other party or counsel:
By: _________________
Attorney
for: _________________Pro Se Filings
(1) All pro se petitions and motions must be filed and docketed in the office of the Clerk of Courts. Petitions and motions sent to any other office shall be returned with a copy of this rule attached thereto.
(2) The Clerk of Courts shall forward a copy of all documents filed by individuals themselves, to their attorney of record, if any.
(3) All pro se filings must be clocked in by the Clerk of Courts. Filings which are not in compliance with the law or rule of court shall be duly noted and forwarded immediately to the office of the Court Administrator. The Court Administrator, after consulting with the Court, shall notify the individual of the deficiency in the filing.
(4) Notice to any individual who has filed a deficient pleading shall be as follows:
NOTICE. YOU HAVE FILED A DOCUMENT WITH THE COURT OF COMMON PLEAS WHICH IS NOT IN COMPLIANCE WITH THE LAW OR RULE OF COURT. YOU ARE ADVISED THAT YOUR FAILURE TO COMPLY MAY RESULT IN PREJUDICE TO YOUR RIGHTS OR CLAIM. YOU SHOULD CONSULT A LAWYER IMMEDIATELY. IF YOU CANNOT AFFORD A LAWYER, YOU MAY BE ENTITLED TO BE REPRESENTED FREE OF CHARGE BY THE PUBLIC DEFENDER'S OFFICE. IF YOU BELIEVE YOU QUALIFY, CONTACT THE FOLLOWING OFFICE:
Warren County Public Defender
Warren County Courthouse
Warren, PA 16365
Forest County Public Defender
Forest County Courthouse
Tionesta, PA 16353IF YOU ARE INCARCERATED, YOU MAY OBTAIN AN APPLICATION FOR THE PUBLIC DEFENDER'S OFFICE BY ASKING THE STAFF IN THE JAIL.
IF YOU ARE ALREADY REPRESENTED BY COUNSEL, A COPY OF YOUR FILING HAS BEEN SENT TO THEM BY THE CLERK OF COURTS.
IF YOU ARE NOT REPRESENTED BY COUNSEL AND DESIRE TO REPRESENT YOURSELF OR DO NOT QUALIFY FOR FREE COUNSEL, YOU ARE INSTRUCTED THAT YOU MUST BRING YOUR FILING INTO COMPLIANCE WITH THE LAW OR RULE OF COURT YOU HAVE VIOLATED, OR YOUR RIGHTS OR CLAIM MAY BE PREJUDICED.
[Pa.B. Doc. No. 00-472. Filed for public inspection March 17, 2000, 9:00 a.m.]
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