THE COURTS
Title 255--LOCAL
COURT RULES
WESTMORELAND COUNTY
Conversion of Local Rules of Criminal Procedure to Conform to New Supreme Court Numbering
[31 Pa.B. 2789]
Order And Now this 10th day of May, 2001 it is Ordered that the numbers and titles of Westmoreland County Rules of Criminal Procedure are changed in accordance with the following table to conform to the new numbers adopted by the Supreme Court of Pennsylvania.
It is further Ordered that current Rules WC310 and WC1100 are repealed, and that new Rules WC113, WC576, WC600, and WC601 are adopted.
By the Court
CHARLES H. LOUGHRAN,
President Judge
OLD NEW TITLE WC112 WC511 NOTICE CONCERNING THE RIGHTS TO COUNSEL IN CASES INITIATED BY SUMMONS WC130 WC518 PROCEDURE IN COURT CASES INITIATED BY ARREST WITHOUT WARRANT WC140A WC541 WAIVER OF PRELIMINARY HEARING WC141 WC542 PRELIMINARY HEARINGS WC145 WC546 DISMISSAL UPON SATISFACTION OR AGREEMENT WC151 WC551 WITHDRAWAL OF PROSECUTION WC160 WC300 SUMMARY ACCELERATED REHABILITATIVE DISPOSITION WC302 WC120 ATTORNEYS-APPEARANCES AND WITHDRAWALS WC303 WC571 ARRAIGNMENT WC307 WC579 TIME FOR OMNIBUS PRETRIAL MOTION AND SERVICE WC310 REPEALED WC576 FILING WC328 WC112 PUBLICITY, BROADCASTING, AND RECORDING OF PROCEEDINGS WC330 WC568 BENCH WARRANTS WC331 WC569 TRANSPORT ORDERS WC1100 REPEALED WC113 ADOPTED WC600 ADOPTED WC601 ADOPTED WC4005 WC529 MODIFICATION OF BAIL ORDER PRIOR TO TRIAL WC4006 WC531 QUALIFICATIONS OF SURETY WC4016 WC536 PROCEDURES UPON VIOLATION OF CONDITIONS: REVOCATION OF RELEASE AND FORFEITURE; BAIL PIECES; EXONERATION OF SURETY WC4010 WC530 DUTIES AND POWERS OF A BAIL AGENCY; PRETRIAL SERVICES UNIT WC9023 WC576(b) FILING Rule WC113. Notices.
(a) The court administrator is responsible for preparing and mailing all required notices of court proceedings to counsel for the defendant or to the unrepresented defendant. The notice shall be mailed first class or delivered through another means to the counsel of record or unrepresented defendant at the address then-listed in the Westmoreland Criminal Justice Information System.
(b) The defendant or counsel of record is responsible for informing the clerk of courts of any known change of address for the defendant. Any department or agency who has been informed of a change of address by the defendant or counsel, shall inform the clerk of courts on a Change of Information Form. The clerk of Courts shall enter any change of address into the Westmoreland Criminal Justice Information System within 24 hours of receipt of the Change of Information Form.
WC576. Filing.
(a) A copy of all motions, notices of expedited ARD's or pleas, guilty plea agreements/petitions, opposed petitions for bond reduction, and ARD agreements must be served on the court administrator for scheduling purposes.
(b) Whenever the Pennsylvania Rules of Criminal Procedure require service of a copy of a document on the opposing party, the party having the responsibility of making service shall also serve a copy of the same on the court administrator.
Rule WC600. Prompt Trial.
(a) The court administrator shall compile the list for the upcoming trial term, listing cases by run date order as provided by the district attorney. The earliest run date shall be listed first and the latest run date shall be listed last.
(b) The court administrator shall provide notice of trial pursuant to Pa.R.Crim.P. 113, and WC113. Notice of each attorney's cases on the trial list shall be given to the attorney of record as soon as possible after the list is compiled. The court administrator will mail a notice by first class mail to all pro se defendants.
(c) The parties shall indicate to the court administrator, or to the court during a trial readiness conference, whether the case is ready to proceed to trial; whether the case can be disposed through a negotiated plea, ARD, nolle pros, or other disposition; and whether the case should be passed to a later date during the term, or continued to the next trial term.
(d) Requests for continuances will be presented to the calendar control judge prior to the term. Continuances will be granted by Order. The court will indicate on the Order whether the continuance is to be charged to the Commonwealth or to the defendant, or whether the continuance is due to the unavailability of the court. Continued cases shall be rescheduled for the next available trial term.
(e) Passed cases shall be deferred to a later date during the term
(f) All cases not reached during the term shall be continued to the next trial term due to the unavailability of the court.
Comment The district attorney is responsible for calculating the most recent Rule 600 run date and entering the current run date into the Westmoreland Criminal Justice Information System. Cases without a run date entered into the Westmoreland Criminal Justice Information System shall be given the lowest priority.
Rule WC601. Presence of Judge.
(a) The court administrator will assign homicide and other specially designated cases to a judge who will handle all pretrial, trial, and post adjudication matters. For all other court cases the court administrator will assign a pretrial judge to handle all pretrial matters.
(b) During the trial term, either the calendar control judge or the court administrator assigns the trial judge for all cases not specifically assigned pursuant to subsection (a).
(c) The court administrator assigns judges for summary trials as cases and judges become available.
[Pa.B. Doc. No. 01-937. Filed for public inspection June 1, 2001, 9:00 a.m.]
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