THE COURTS
Title 234--RULES OF CRIMINAL PROCEDURE
[234 PA. CODE CHS. 1 AND 5]
Statewide Uniformity
[31 Pa.B. 6782]
Introduction The Criminal Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania adopt new Pa.Rs.Crim.P. 113 (Criminal Case File and Docket Entries) and 577 (Procedures Following Filing of Motion), amend Pa.Rs.Crim.P. 103 (Definitions), 114 (Notice and Docketing of Orders), 573 (Pretrial Discovery and Inspection), 575 (Answers), and 576 (Filing), revise the Comment to Pa.R.Crim.P. 581 (Suppression of Evidence), and rescind Pa.Rs.Crim.P. 113 (Notice of Court Proceeding(s) Requiring Defendant's Presence), 574 (Motions), and 577 (Service). These rule changes clarify the procedures governing motions, orders, and court notices in criminal cases, achieve more statewide uniformity in criminal motions practice, and eliminate the local rules and practices governing motions practice that are hampering the statewide practice of law. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.
The following explanatory Report highlights the Committee's considerations in formulating this proposal. Please note that the Committee's Report 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 explanatory Reports.
The text of the proposed rule changes precedes the Report. Additions are shown in boldface; deletions are in boldface and brackets.
We request that interested persons submit suggestions, comments, or objections concerning this proposal in writing to the Committee through counsel, Anne T. Panfil, Chief Staff Counsel, Supreme Court of Pennsylvania, Criminal Procedural Rules Committee, 5035 Ritter Road, Suite 800, Mechanicsburg, PA 17055, fax: (717) 795-2106, e-mail: criminal.rules@supreme.court.state.pa.us no later than Monday, January 14, 2002.
JOSEPH P. CONTI,
Chair
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
CHAPTER 1. SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES
PART A. Business of the Courts Rule 113. [Notice of Court Proceeding(s) Requiring Defendant's Presence] (Rescinded).
[Notice of a court proceeding requiring a defendant's presence shall be either:
(1) in writing and served by
(a) personal delivery to the defendant or defendant's attorney; or
(b) leaving a copy for or mailing a copy to the defendant's attorney at the attorney's office; or
(c) sending a copy to the defendant by certified, registered, or first class mail addressed to the defendant's place of residence, business, or confinement; or
(2) given to the defendant orally in open court on the record.]
[Comment] [Some judicial districts use a document called a ''subpoena'' to give a defendant notice of required court appearances. Nothing in this rule is intended to change this practice.
See Rule 577 for the procedures for serving all written motions and any document for which filing is required.
See Rule 451 for the procedures for service in summary cases.]
Official Note: Former Rule 9024 adopted October 21, 1983, effective January 1, 1984; amended March 22, 1993, effective as to cases in which the determination of guilt occurs on or after January 1, 1994; renumbered Rule 9025 June 2, 1994, effective September 1, 1994. New Rule 9024 adopted June 2, 1994, effective September 1, 1994; renumbered Rule 113 and amended March 1, 2000, effective April 1, 2001; rescinded, ____ 2002, and replaced by Rule 114(C), effective, ____ 2002.
Committee Explanatory Reports:
* * * * * Report explaining the proposed rescission of the rule published at 31 Pa.B. 6792 (December 15, 2001).
(Editor's Note: This rule is new and is printed in regular face to enhance readability.)
Rule 113. Criminal Case File and Docket Entries.
(A) The clerk of courts shall maintain the criminal case file for the court of common pleas. The criminal case file shall contain all original records, papers, and orders filed in the case, and copies of all court notices. These records, papers, orders, and copies shall not be taken from the custody of the clerk or court without order of the court, but the parties shall be permitted to make copies.
(B) The clerk of courts shall maintain a list of docket entries, a chronological list, in electronic or written form, of documents and entries in the criminal case file and of all proceedings in the case.
(C) The docket entries shall include at a minimum the following information:
(1) the defendant's name, last known address, and date of birth;
(2) the names and addresses of all attorneys who have appeared or entered an appearance, the date of the entry of appearance, and the date of any withdrawal of appearance;
(3) notations concerning all papers filed with the clerk, all court notices, appearances, pleas, motions, orders, verdicts, findings and judgments, and sentencings, briefly showing the nature and title, if any, of each paper filed, writ issued, plea entered, or motion made and the substance of each order or judgment of the court and of the returns showing execution of process;
(4) notations concerning oral motions made or oral orders issued in the courtroom when the clerk of courts has the capacity to do so and when ordered by the court;
(5) a notation of every judicial proceeding, continuance, and disposition;
(6) the location of exhibits made part of the record during the proceedings; and
(7) all other information required by Rules 114 and 576.
(D) The clerk of courts in the performance of his or her duties shall be under the direction of the president judge.
Comment This rule sets forth the mandatory contents of the list of docket entries and the criminal case files. The list of docket entries is a running record of all information related to any action in a criminal case in the court of common pleas of the clerk's county, such as dates of filings, of orders, and of court proceedings. The clerk of courts is required to make docket entries at the time the information is made known to the clerk, and the practice in some counties of creating the list of docket entries only if an appeal is taken is inconsistent with this rule.
The requirement in paragraph (C)(2) that all attorneys and their addresses be recorded makes certain there is a record of all attorneys who have appeared for any litigant in the case. The requirement also ensures that attorneys are served as required in Rules 114 and 576. See also Rule 576(B)(4) concerning certificates of service.
Official Note: Adopted ____ , 2002, effective ____ , 2002.
Committee Explanatory Reports:
Report explaining the provisions of the proposed new rule published at 31 Pa.B. 6792 (December 15, 2001).
Rule 114. [Notice and] Filing, [Docketing] Docket Entries and Service of Orders and Court Notices.
(A) The president judge shall ensure that all orders and court notices promptly are filed in the criminal case file and docket entries made, and promptly are served.
(B) Upon receipt of an order [from a judge] or a court notice, the clerk of courts shall time stamp the order or court notice with the date of receipt, and promptly shall [immediately docket] file the order or court notice in the criminal case file, and [record in the docket] make a docket entry of the date of receipt [it was made] and the date on the order or court notice.
(C) (1) The clerk of courts promptly shall [forthwith furnish] serve a copy of the order [, by mail or personal delivery,] or court notice to each party or attorney, and shall [record in the docket] make a docket entry of the [time] date and manner [thereof] of service.
(2) The president judge may designate the court administrator to serve orders or court notices. Concurrently with service, the order or court notice shall be filed in the criminal case file and a docket entry made.
(D) Service shall be:
(1) in writing by
(a) personal delivery to the party's attorney or, if unrepresented, the party; or
(b) personal delivery to the party's attorney's employee at the attorney's office; or
(c) mailing a copy to the party's attorney or leaving a copy for the attorney at the attorney's office; or
(d) in those judicial districts that maintain in the courthouse assigned boxes for counsel to receive service, leaving a copy for the party's attorney in the box in the courthouse assigned to the attorney for service; or
(e) sending a copy to an unrepresented party by certified, registered, or first class mail addressed to the party's place of residence, business, or confinement; or
(f) sending a copy by facsimile transmission if the party's attorney, or if unrepresented, the party, has filed a written request for this method of service or has included a facsimile number on a prior legal paper filed in the case; or
(2) orally in open court on the record.
(E) Unified Practice
Any local rule that is inconsistent with the provisions of this rule is prohibited, including any local rule requiring a party to file or serve orders or court notices.
Comment This rule was amended in 2002 to provide in one rule the procedures for the filing, making docket entries, and service of all orders and court notices, and incorporates the provisions of former Rule 113 (Notice of Court Proceedings Requiring Defendant's Presence).
Historically, some orders or court notices have been served by the court administrator or by the court. Paragraph (C)(2) permits the president judge to continue this practice. Pursuant to paragraph (A), the president judge must ensure that all orders and court notices promptly are filed and docket entries made, and are served in a prompt and efficient manner. See 42 Pa.C.S. §§ 2756 and 2757 concerning clerks of courts' duties.
When the court administrator serves the order or court notice pursuant to paragraph (C)(2), the docket entry must include the date and manner of service as required by paragraph (C)(1).
[The] This rule makes it clear that the [notice and] filing, recording of docket entries, and service procedures are mandatory and may not be modified by local rule.
Paragraphs (B) and (C) requires the clerk of courts to enter three dates in the list of docket entries with regard to the court's orders and notices: the date of receipt of the order or notice; the date on the order or notice; and the date the order or notice is served. The date of receipt is the date of filing under these rules. Concerning appeal periods and entry of orders, see Rule 720 (Post-sentence Procedures; Appeal) and Pa.R.A.P. 108 (Date of Entry of Orders).
Court notices, as used in this rule, are communications that ordinarily are issued by a judge or the court administrator concerning, for example, calendaring or scheduling, including proceedings requiring the defendant's presence.
Paragraph (D)(1)(d) recognizes the practice in some judicial districts of assigning boxes in thecourthouse for receipt of service, and these boxes are generally assigned to local counsel. This form of service may not be made on other counsel, such as members of the Attorney General's office, who do not have courthouse boxes or on local counsel who do not agree to this method of service.
A facsimile number set forth on letterhead is not sufficient to authorize service by facsimile transmission under paragraph (D)(1)(f).
Nothing in this rule is intended to preclude the use of advanced communication technology for the transmission of the orders or court notices between the judge, court administrator, and clerk of courts.
Under the post-sentence motion procedures, the clerk of courts must comply with this rule after entering an order denying a post-sentence motion by operation of law. See Rule 720(B)(3)(c).
[As used in this rule, ''clerk of courts'' is intended to mean that official in each judicial district who has the responsibility and function under state or local law to maintain the official court file and docket, without regard to that person's official title.]
Paragraph (E), titled ''Unified Practice,'' emphasizes that local rules must not conflict with the statewide rules. Although this prohibition on local rules that are inconsistent with the statewide rules applies to all criminal rules through Rule 105 (Local Rules), the reference to the specific prohibitions is included because these types of local rules have been identified by practitioners as creating significant impediments to the statewide practice of law within the unified judicial system. See the first paragraph of the Rule 105 Comment. The term ''local rule'' includes every rule, regulation, directive, policy, custom, usage, form or order of general application. See Rule 105(A).
See Rule 103 for the definitions of clerk of courts and court administrator.
See Rule 113 (Criminal Case File and Docket Entries) for the requirements concerning the contents of the criminal case file and the minimum information to be included in the docket entries.
Official Note: Formerly Rule 9024, adopted October 21, 1983, effective January 1, 1984; amended March 22, 1993, effective as to cases in which the determination of guilt occurs on or after January 1, 1994; renumbered Rule 9025 and Comment revised June 2, 1994, effective September 1, 1994; renumbered Rule 114 and Comment revised March 1, 2000, effective April 1, 2001[.]; amended ______ , 2001, effective ______ , 2001.
Committee Explanatory Reports:
* * * * * Report explaining the proposed rule changes concerning filing, making docket entries, and service of orders and court notices published at 31 Pa.B. 6792 (December 15, 2001).
CHAPTER 5. PRETRIAL PROCEDURES IN COURT CASES
PART F(1). Motion Procedures Rule 574. [Motions] (Rescinded).
[(A) All motions, challenges, and applications or requests for an order or relief shall be made by written motion, except as otherwise provided in these rules, or as permitted by the court, or when made in open court during a trial or hearing.
(B) A written motion shall comply with the following requirements:
(1) The motion shall be signed by the person or attorney making the motion. The signature of an attorney shall constitute a certification that the attorney has read the motion, that to the best of the attorney's knowledge, information, and belief there is good ground to support the motion, and that it is not interposed for delay.
(2) The motion shall state with particularity the grounds for the motion, the facts that support each ground, and the types of relief or order requested. The motion shall be divided into consecutively numbered paragraphs, each containing only one material allegation as far as practicable.
(3) If the motion sets forth facts that do not already appear of record in the case it shall be verified by the sworn affidavit of some person having knowledge of the facts or by the unsworn written statement of such a person that the facts are verified subject to the penalties for unsworn falsification to authorities under Crimes Code § 4904, 18 Pa.C.S. § 4904.
(C) Any motion may request such alternative relief as may be appropriate.
(D) The failure, in any motion, to state a type of relief or order, or a ground therefor, shall constitute a waiver of such relief, order, or ground.]
Official Note: Rule 9020 adopted October 21, 1983, effective January 1, 1984; renumbered Rule 574 and amended March 1, 2000, effective April 1, 2001; rescinded and replaced by Rule 575 ______ , 2002, effective ______ , 2002.
Committee Explanatory Reports:
* * * * * Report explaining the proposed rescission of Rule 574 published at 31 Pa.B. 6792 (December 15, 2001).
Rule 575. Motions and Answers.
(A) MOTIONS
(1) All motions shall be in writing, except as permitted by the court or when made in open court during a trial or hearing.
(2) A written motion shall comply with the following requirements:
(a) The motion shall be signed by the person or attorney making the motion. The signature of an attorney shall constitute a certification that the attorney has read the motion, that to the best of the attorney's knowledge, information, and belief there is good ground to support the motion, and that it is not interposed for delay.
(b) The motion shall include the court, caption, term, and number of the case in which relief is requested.
(c) The motion shall state with particularity the grounds for the motion, the facts that support each ground, and the types of relief or order requested.
(d) The motion shall be divided into consecutively numbered paragraphs, each containing only one material allegation as far as practicable.
(e) The motion shall include any requests for hearing or argument, or both.
(f) The motion shall include a certificate of service as required by Rule 576(B)(4).
(g) If the motion sets forth facts that do not already appear of record in the case it shall be verified by the sworn affidavit of some person having knowledge of the facts or by the unsworn written statement of such a person that the facts are verified subject to the penalties for unsworn falsification to authorities under Crimes Code ( 4904, 18 Pa.C.S. § 4904.
(3) The failure, in any motion, to state a type of relief or a ground therefor shall constitute a waiver of such relief or ground.
(4) Any motion may request such alternative relief as may be appropriate.
(5) Rules to show cause and rules returnable are abolished. Notices of hearings are to be provided pursuant to Rules 114(C) and 577(A)(2).
(B) ANSWERS
[(A)] (1) An answer to a motion is not required unless [ordered by the court] the judge orders an answer in a specific case as provided in Rule 577, or an answer otherwise is [provided in] required by these rules. Failure to answer shall not constitute an admission of the [well-pleaded] facts alleged in the motion [unless an answer has been required by the court or otherwise by these rules.
(B) The court may order a written answer, or it may order an oral response at the time of a hearing or argument on a motion.
(C)] (2) A party may file a written answer, or may respond orally at the time of a hearing or argument on a motion, even though an answer [has] is not [been] required [by the court and has not been otherwise required by these rules].
[(D)] (3) A written answer shall comply with the following requirements:
[(1)] (a) * * *
[(2)] (b) [The answer shall be divided into consecutively numbered paragraphs corresponding to the numbered paragraphs of the motion.] The answer shall meet the allegations of the motion and shall specify the type of relief, order, or other action sought.
(c) The answer shall include a certificate of service as required by Rule 576(B)(4).
[(3)] (d) If the answer sets forth facts that do not already appear of record in the case [it], the answer shall be verified by the sworn affidavit of some person having knowledge of the facts or by the unsworn written statement of such a person that the facts are verified subject to the penalties for unsworn falsification to authorities under Crimes Code § 4904, 18 Pa.C.S. § 4904.
[(4)] (e) * * *
(C) UNIFIED PRACTICE
Any local rule that is inconsistent with the provisions of this rule is prohibited, including any local rule requiring a party to attach a proposed order to a motion, requiring an answer to every motion, or requiring a cover sheet for any motion or answer.
Comment For the definition of motions, see Rule 103.
Rules to Show Cause and Rules Returnable were abolished in 2002 because the terminology is arcane, and the concept of these ''rules'' has become obsolete. These ''rules'' have been replaced by the plain language notice of hearings provided in Rule 577(A)(2).
Pursuant to paragraphs (A)(2)(f) and (B)(3)(c), and Rule 576(B)(4), all filings by the parties must include a certificate of service setting forth the date and manner of service, and the names, addresses, and phone numbers of the persons served.
Although paragraph (B)(1) does not require an answer to every motion, the rule permits a judge to order an answer in a specific case. See Rule 114 for the requirements for the filing, making docket entries, and serving of orders.
Paragraph (B)(1) changes prior practice by providing that the failure to answer a motion in a criminal case never constitutes an admission. Although this prohibition applies in all cases, even those in which an answer has been ordered in a specific case or is required by the rules, the judge would have discretion to impose other appropriate sanctions if a party fails to file an answer ordered by the judge or required by the rules.
See Rule 906(E) that requires an answer to all first counseled PCRA petitions in death penalty cases.
Paragraph (C), titled ''Unified Practice,'' was added in 2002 to emphasize that local rules must not be inconsistent with the statewide rules. Although this prohibition on local rules that are inconsistent with the statewide rules applies to all criminal rules through Rule 105 (Local Rules), the reference to the specific prohibitions is included because these types of local rules have been identified by practitioners as creating significant impediments to the statewide practice of law within the unified judicial system. See the first paragraph of the Rule 105 Comment. The term ''local rule'' includes every rule, regulation, directive, policy, custom, usage, form or order of general application. See Rule 105(A).
The prohibition on local rules mandating cover sheets was added because cover sheets are no longer necessary with the addition of the Rule 576(B)(1) requirement that the court administrator be served a copy of all motions and answers.
Although paragraph (C) precludes local rules that require a proposed order be included with a motion, a party may include a proposed order.
Official Note: Former Rule 9020 adopted October 21, 1983, effective January 1, 1984; renumbered Rule 574 and amended March 1, 2000, effective April 1, 2001; rescinded ______ , 2002, effective ______ , 2002. Former Rule 9021 adopted October 21, 1983, effective January 1, 1984; renumbered Rule 575 and amended March 1, 2000, effective April 1, 2001; combined with Rule 574 and amended ______ , 2002, effective ______ , 2002.
Committee Explanatory Reports:
* * * * * Report explaining the proposed rule changes combining Rule 574 with Rule 575 published at 31 Pa.B. 6792 (December 15, 2001).
Rule 576. Filing and Service by Parties.
(A) FILING
(1) [Except as otherwise provided in these rules, all] All written motions and any written answers, and any [notice] notices or [document] documents for which filing is required, shall be filed with the clerk of courts.
[D)] (2) Filing [may] shall be [accomplished] by:
[(1)] (a) * * *
[(2)] (b) mail addressed to the clerk of courts [, provided, however, that]. Except as provided by law, filing by mail shall be timely only when actually received by the clerk of courts within the time fixed for filing.
[(B)] (3) [Except as provided in paragraph (C), when] The clerk of courts shall accept all written motions, answers, notices, or documents presented for filing. [a written motion, notice, or] When a document, which is filed pursuant to paragraph (A)(1), is received by the clerk of courts, the clerk shall [docket] file it in the criminal case file, and [record] make a docket entry of the [time] date of filing [in the docket]. [A copy of these papers shall be promptly transmitted to such person as may be designated by the court.]
[(C)] (4) In any case in which a defendant is represented by an attorney, if the defendant submits for filing a written motion, notice, or document that has not been signed by the defendant's attorney, the clerk of courts shall not [docket or record it] file it in the criminal case file or make a docket entry, but shall forward it to the defendant's attorney within 10 days of receipt.
(5) Unified Practice
Any local rule that is inconsistent with the provisions of this rule is prohibited, including any local rule requiring that a document has to be presented in person before filing or requiring review by a court or court administrator before a document may be filed.
(B) SERVICE
(1) All written motions and any written answers, and notices or documents for which filing is required, shall be served upon each party and the court administrator concurrently with filing.
(2) Service on the parties shall be by:
(a) personal delivery of a copy to a party's attorney, or, if unrepresented, the party; or
(b) personal delivery of a copy to the attorney's employee at the attorney's office; or
(c) mailing a copy to a party's attorney or leaving a copy for the attorney at the attorney's office; or
(d) in those judicial districts that maintain in the courthouse assigned boxes for counsel to receive service, leaving a copy for the attorney in the attorney's box; or
(e) sending a copy to an unrepresented party by certified, registered, or first class mail addressed to the party's place of residence, business, or confinement.
(3) Service on the court administrator shall be by:
(a) mailing a copy to the court administrator; or
(b) in those judicial districts that maintain in the courthouse assigned boxes for the court administrator to receive service, leaving a copy for the court administrator in the court administrator's box; or
(c) leaving a copy for the court administrator at the court administrator's office.
(4) Certificate of Service
(a) All documents that are filed and served pursuant to this rule shall include a certificate of service.
(b) The certificate of service shall be in substantially the form set forth in the Comment, signed by the party's attorney, or, if unrepresented, the party, and shall include the date and manner of service, and the names, addresses, and phone numbers of the persons served.
(C) Any non-party requesting relief from the court in a case shall file the motion with the clerk of courts as provided in paragraph (A), and serve the defendant's attorney, or if unrepresented, the defendant, the attorney for the Commonwealth, and the court administrator as provided in paragraph (B).
Comment [This rule] Paragraph (A)(1) requires the filing of all written motions and answers. [, but it] The provision also applies to notices and other documents only if filing is required by some other rule or provision of law. See, e.g., the notice of withdrawal of charges provisions in Rule 561 (Withdrawal of Charges by Attorney for the Commonwealth), the notice of alibi defense and notice of insanity defense or mental infirmity defense provisions in Rule 573 (Pretrial Discovery and Inspection), the notice that offenses or defendants will be tried together provisions in Rule 582 (Joinder--Trial of Separate Indictments or Informations), the notice of aggravating circumstances provisions in Rule 801 (Notice of Aggravating Circumstances), and the notice of challenge to a guilty plea provisions in Municipal Court cases in Rule 1007 (Challenge to Guilty Plea). [As used here, ''written motions'' includes all motions, challenges, and applications or requests for an order or relief that must be made by written motion under Rule 574(A).]
When a motion, notice, document, or answer is presented for filing pursuant to paragraph (A)(1), the clerk of courts must accept it for filing even if the motion, notice, document, or answer does not comply with a rule or statute or appears to be untimely filed. It is suggested that the judicial district implement procedures to inform the filing party when a document is not in compliance with these rules or a local rule so the party may correct the problem.
See Commonwealth v. Jones, 700 A.2d 423 (Pa. 1997); and Commonwealth v. Little, 716 A.2d 1287 (Pa. Super. 1998) concerning the timeliness of filings by prisoners proceeding pro se (the ''prisoner mailbox rule'').
[Those rules that provide for filing with the trial court or the sentencing court are not exceptions to the general requirement of this rule that filing be with the clerk of courts.]
Paragraph (A)(5), titled ''Unified Practice,'' was added in 2002 to emphasize that local rules must not conflict with the statewide rules. Although this prohibition on local rules that are inconsistent with the statewide rules applies to all criminal rules through Rule 105 (Local Rules), the reference to the specific prohibitions is included because these types of local rules have been identified by practitioners as creating significant impediments to the statewide practice of law within the unified judicial system. See the first paragraph of the Rule 105 Comment. The term ''local rule'' includes every rule, regulation, directive, policy, custom, usage, form or order of general application. See Rule 105(A).
Any local rule that requires personal appearance in addition to filing with the clerk of courts is inconsistent with this rule.
See Rule 113 (Criminal Case File and Docket Entries) for the requirements concerning the contents of the criminal case file and the minimum information to be included in the docket entries.
See Rule 103 (Definitions) for the definitions of court administrator, clerk of courts, and motions.
[As used in this rule, ''clerk of courts'' is intended to mean that official in each judicial district who has the responsibility and function under state or local law to maintain the official court file and docket, without regard to that person's official title.
The second sentence of paragraph (B) is intended to provide flexibility to the local courts to designate the court official, such as a local court administrator, who processes motions and other matters for appropriate scheduling and disposition.]
Paragraph [(C)] (A)(4) was added in 1996 to provide a uniform, statewide procedure for the clerks of courts to handle filings by represented defendants when the defendant's attorney has not signed the document being filed by the defendant. See Pa.R.A.P. 3304 (Hybrid Representation). Paragraph [(C)] (A)(4) only applies to cases in which the defendant is represented by counsel, not cases in which the defendant is proceeding pro se.
Paragraph (B)(1) requires that, concurrently with filing, the party must serve a copy on the court administrator. This requirement provides flexibility to accommodate the various practices for scheduling. However, it is not intended to replace the requirement that the party must file with the clerk of courts.
When a judge is assigned to a case, in addition to the requirements of paragraph (B)(1), it is suggested counsel send the judge a courtesy copy of any filings.
Under any system of scheduling, once a hearing or argument is scheduled, the court or court administrator must give notice of the hearing or argument to the parties, and a copy of the notice must be filed in the criminal case file and a docket entry made. See Rule 114(C)(2).
Paragraph (B)(2)(d) recognizes the practice in some judicial districts of assigning boxes in the courthouse for receipt of service, and these boxes are generally assigned to local counsel and the court administrator. This method of service may not be made on other counsel, such as members of the Attorney General's office, who do not have courthouse boxes or on local counsel who do not agree to this method of service.
Paragraph (B)(4) requires the filing party to include with the document filed a certificate of service. The certificate of service should be in substantially the following form:
I hereby certify that I am this day serving upon the persons and in the manner indicated below. The manner of service satisfies the requirements of Pa.R.Crim.P. 575.
Service by first class mail addressed as follows:
(NAME) (717) 787-0000
Deputy Attorney General
Office of the Attorney General
16 Floor Strawberry Square
Harrisburg PA 17120
(Attorney for the Commonwealth)Service in person as follows:
(NAME) (717) 240-0000
Assistant District Attorney
Cumberland County Courthouse
Carlisle, PA
(Attorney for the Commonwealth)Service by leaving a copy at the office of:
(NAME) (717) 240-0000
Court Administrator
Cumberland County Courthouse
Carlisle, PAService by certified mail, return receipt requested, as follows:
(NAME) (no phone)
Drawer 00000000
Camp Hill, PADated:
S __________
(NAME), Esq. (Attorney Registration No. 00000)Under 18 Pa.C.S. § 4904 (unsworn falsification to authorities), a knowingly false certificate of service constitutes a misdemeanor of the second degree.
See Rule 451 for the procedures for service in summary cases.
See Rule 114 for the requirements for docketing and service of court orders and notices.
Official Note: Former Rule 9022 adopted October 21, 1983, effective January 1, 1984; amended March 22, 1993, effective January 1, 1994; amended July 9, 1996, effective September 1, 1996; renumbered Rule 576 and amended March 1, 2000, effective April 1, 2001. Former Rule 9023 adopted October 21, 1983, effective January 1, 1984; amended June 2, 1994, effective September 1, 1994; renumbered Rule 577 and amended March 1, 2000, effective April 1, 2001, rescinded ______ , 2002, effective ______, 2002. Rule 576 combined with Rule 577 and amended ______ , 2002, effective ______ , 2002.
Committee Explanatory Reports:
* * * * * Report explaining the proposed amendments and combining of Rule 576 with former Rule 577 published at 31 Pa.B. 6792 (December 15, 2001.)
Rule 577. [Service] (Rescinded).
[(A) Except as otherwise provided in these rules, all written motions and any document for which filing is required shall be served upon each party concurrently with filing.
(B) Except as otherwise provided in these rules, service may be accomplished by:
(1) personal delivery of a copy to a party or a party's attorney; or
(2) leaving a copy for or mailing a copy to a party's attorney at the attorney's office; or
(3) sending a copy to a party by certified, registered, or first class mail addressed to the party's place of residence, business, or confinement.
(C) Proof of service need not be filed unless ordered by the court.]
[Comment] [This rule requires service of all written motions, but it applies to other documents only if filing is required by some other rule or provision of law. As used here, ''written motions'' includes all motions, challenges, and applications or requests for an order or relief that must be made by written motion under Rule 574.
See Rule 451 for the procedures for service in summary cases.
See Rule 113 for the procedures for giving a defendant notice of a court proceeding requiring the defendant's appearance.]
Official Note: Rule 9023 adopted October 21, 1983, effective January 1, 1984; amended June 2, 1994, effective September 1, 1994; renumbered Rule 577 and amended March 1, 2000, effective April 1, 2001; rescinded ______ , effective ______ , and replaced by Rule 576(B).
Committee Explanatory Reports:
* * * * * Report explaining the rescission of the rule published at 31 Pa.B. 6792 (December 15, 2001).
(Editor's Note: This rule is new and is printed in regular face to enhance readability.)
Rule 577. Procedures Following Filing of Motion.
(A) Following the filing of a motion,
(1) if the court determines an answer is necessary, the court may order a written answer, or it may order an oral response at the time of a hearing or argument on a motion. Any written order shall be filed, a docket entry made, and served by the clerk of courts pursuant to Rule 114(B), (C), and (D).
(2) If it is determined a hearing or argument is necessary, the court or the court administrator shall schedule the date and time for the hearing or argument. Pursuant to Rule 114(C), notice of the date and time for the hearing or argument shall be served by the clerk of courts, unless the president judge has designated the court administrator to serve these notices as provided in Rule 114(C)(2). When the court administrator serves the notice, a copy shall be filed and a docket entry made.
(B) The court promptly shall dispose of any motion.
(C) Unified Practice
Any local rule that is inconsistent with the provisions of this rule is prohibited, including any local rule requiring a personal appearance as a prerequisite to a determination of whether a hearing or argument is scheduled.
Comment Paragraph (A)(2) is intended to accommodate the variation in practice among judicial districts concerning scheduling responsibilities. For example, in some judicial districts, the court has determined that there will be hearings or arguments on all motions and the court administrator is authorized to schedule these hearings or arguments, while in other judicial districts, the judges review all the motions, or review only those motions in certain categories of motions, to determine whether a hearing or argument is necessary and set their own schedules for these hearings or arguments.
In those judicial districts in which the judge schedules hearings or arguments, the court administrator must ensure that the judge promptly receives the motion.
In all cases, the notice of the date and time of the hearing or argument must be served as provided in Rule 114(C) and (D). When the court administrator serves the notice, the date and manner of service must be included in the docket entries when the copy of the notice is filed in the criminal case file as provided in Rules 113 and 114(D).
Paragraph (C), titled ''Unified Practice,'' emphasizes that local rules must not conflict with the statewide rules. Although this prohibition on local rules that are inconsistent with the statewide rules applies to all criminal rules through Rule 105 (Local Rules), the reference to the specific prohibitions is included because these types of local rules have been identified by practitioners as creating significant impediments to the statewide practice of law within the unified judicial system. See the first paragraph of the Rule 105 Comment. The term ''local rule'' includes every rule, regulation, directive, policy, custom, usage, form or order of general application. See Rule 105(A).
The practice in some counties of requiring an attorney to take a motion to a judge for the scheduling of a hearing is inconsistent with this rule.
Official Note: Adopted ______ , 2001, effective ______ , 2001.
Committee Explanatory Reports
Report explaining the provisions of the proposed new rule published at 31 Pa.B. 6792 (December 15, 2001).
CORRELATIVE AMENDMENTS
CHAPTER 1. SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES
PART A. Business of the Courts Rule 103. Definitions.
The following words and phrases, when used in any Rule of Criminal Procedure, shall have the following meanings:
* * * * * CLERK OF COURTS is that official, without regard to that person's title, in each judicial district who, pursuant to 42 §§ 2756 and 2757, has the responsibility and function [under state or local law] to maintain the official criminal [court] case file and [docket] list of docket entries, and to perform such other duties as required by rule or law [,without regard to that person's official title].
* * * * * COURT is a court of record.
COURT ADMINISTRATOR is that official in each judicial district who has the responsibility for case management and such other responsibilities as provided by the court.
* * * * * MOTION shall include any challenge, petition, application, or other form of request for an order or relief.
ORDINANCE is a legislative enactment of a political subdivision.
* * * * * Official Note: Previous Rules 3 and 212 adopted June 30, 1964, effective January 1, 1965, suspended effective May 1, 1970; present Rule 3 adopted January 31, 1970, effective May 1, 1970; amended June 8, 1973, effective July 1, 1973; amended February 15, 1974, effective immediately; amended June 30, 1977, effective September 1, 1977; amended January 4, 1979, effective January 9, 1979; amended July 12, 1985, effective January 1, 1986; January 1, 1986 effective date extended to July 1, 1986; amended August 12, 1993, effective September 1, 1993; amended February 27, 1995, effective July 1, 1995; amended September 13, 1995, effective January 1, 1996. The January 1, 1996 effective date extended to April 1, 1996; the April 1, 1996 effective date extended to July 1, 1996; renumbered Rule 103 and Comment revised March 1, 2000, effective April 1, 2001; amended ______ , 2001, effective ______ , 2001.
Committee Explanatory Reports:
* * * * * Report explaining the proposed addition of definitions of court administrator and motion published at 31 Pa.B. 6792 (December 15, 2001).
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