THE COURTS

Title 234--RULES OF
CRIMINAL PROCEDURE

[234 PA. CODE CH. 1]

Order Approving the Revision of the Comment to Rule 105; No. 272; Criminal Procedural Rules Doc. No. 2

[31 Pa.B. 3310]

   The Criminal Procedural Rules Committee has prepared a Final Report explaining the June 8, 2001 revision of the Comment to Pa.R.Crim.P. 6 (Local Rules). This Comment revision, which adds a citation to the AOPC's webpage for texts of local rules, is effective immediately. The Final Report follows the Court's Order.

Order

Per Curiam:

   Now, this 8th day of June, 2001, upon the recommendation of the Criminal Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. 103(a)(3) because it is perfunctory in nature, 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 Rule of Criminal Procedure 105 is approved in the following form.

   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

CHAPTER 1.  SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES

PART A.  BUSINESS OF COURTS

Rule 6.  Local Rules.

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   (C)  A local rule shall not become effective and enforceable until the adopting court has fully complied with all the following requirements:

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   (5)  The local rules shall be kept continuously available for public inspection and copying in the office of the prothonotary or clerk of [court] courts. Upon request and payment of reasonable costs of reproduction and mailing, the prothonotary or clerk shall furnish to any person a copy of any local rule.

   (6)  A local rule promulgated before the effective date of this rule shall be filed on or before that effective date with the prothonotary or clerk of [court] courts and shall be kept by the prothonotary or clerk for inspection, copying, and furnishing as provided in paragraph (C)(5).

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Comment

   

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   Paragraph (C)(5) requires that a separate consolidated set of local rules be maintained in the prothonotary's or clerk's office.

   The Administrative Office of the Pennsylvania Courts maintains a webpage containing the texts of local rules. That webpage is located at:

http://www.courts.state.pa.us/judicial-
council/local-rules/index.htm

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   Official Note:  Rule 6 adopted January 28, 1983, effective July 1, 1983; amended May 19, 1987, effective July 1, 1987; renumbered Rule 105 and amended March 1, 2000, effective April 1, 2001; amended October 24, 2000, effective January 1, 2001; Comment revised June 8, 2001, effective immediately.

Committee Explanatory Reports:

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   Final Report explaining the June 8, 2001 Comment revision citing to the AOPC's webpage published with the Court's Order at 31 Pa.B. 3310 (June 23, 2001).

FINAL REPORT¹

Revision of the Comment to Pa.R.Crim.P. 105

LOCAL RULE PROCEDURES

   On June 8, 2001, effective immediately, upon the recommendation of the Criminal Procedural Rules Committee, the Court approved the revision of the Comment to Rule of Criminal Procedure 105 (Local Rules) that adds a cross-reference to the Administrative Office of Pennsylvania Courts' (AOPC) webpage.

   The Committee continues to consider the issues related to local rules. One area that remains a concern is access to local rules by members of the bar, particularly those with multi-judicial district practices, and others involved in the criminal justice system. Aware, as part of the Supreme Court's Judicial Council's study of statewide local rule practices, that the Judicial Council and Madam Justice Newman were instrumental in having those local rules lodged with the AOPC published² on the AOPC's webpage, and that, in November 2000, the Court approved the revision of the note to Civil Rule 239 to include a reference to the AOPC's webpage site where the local rules are published, the Committee agreed that a similar reference in the Criminal Rules would be an asset to the members of the bar and others involved in the criminal justice system. Accordingly, the Committee recommended, and the Court approved, the following revision of the Rule 105 Comment:

The Administrative Office of the Pennsylvania Courts maintains a webpage containing the texts of local rules. That webpage is located at:

http://www.courts.state.pa.us/judicial-
council/local-rules/index.htm

[Pa.B. Doc. No. 01-1122. Filed for public inspection June 22, 2001, 9:00 a.m.]

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¹ The 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.

² Rule 105(C)(2) requires that all local rules be lodged with the AOPC.

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