THE COURTS

BRADFORD COUNTY

Rule of Criminal Procedure No. 303

[31 Pa.B. 785]

Order

   And Now, this 23rd day of January, 2001, the Court hereby adopts the following Bradford County Rule of Criminal Procedure, to be effective thirty (30) days after the date of publication in the Pennsylvania Bulletin.

   It is further ordered that the District Court Administrator shall file seven (7) certified copies of this Rule with the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Criminal Procedural Rules Committee and one (1) copy to the Bradford County Law Journal for publication in the next issue of the Bradford County Law Journal.

   It is further ordered that this local rule shall be kept continuously available for public inspection and copying in the Prothonotary's Office.

By the Court

JEFFREY A. SMITH,   
President Judge

Rule 303.  Arraignment

   (A)  Arraignment for each court case shall be scheduled by the issuing authority at the time the defendant is bound over for court. Scheduling shall conform to the common pleas court calendar prepared annually by the Court Administrator. The issuing authority shall provide the defendant with (1) a completed copy of the written notice of arraignment and (2) a copy of the approved waiver form set forth in subsection (C) of this rule.

   Waivers of arraignment must be submitted to the Clerk of Courts not later than the date and time arraignment is scheduled.

   (B)  Unless arraignment is waived in conformity with Rule 303(c) of the Pennsylvania Rules of Criminal Procedure, the defendant and counsel, if any, shall appear for arraignment.

   (C)  A waiver of arraignment in the following form shall be accepted by the Clerk of Courts:

COMMONWEALTH OF PENNSYLVANIA	:	IN THE COURT OF COMMON PLEAS
VS.	:	OF BRADFORD COUNTY, PENNSYLVANIA
	:	NO.

WAIVER OF ARRAIGNMENT AND APPEARANCE OF COUNSEL

PART I

(ACKNOWLEDGMENT OF DEFENDANT)

I,______, hereby acknowledge the following:
     (Defendant's name)

   (1)  I understand the nature of the charges against me;

   (2)  I understand that I have the right to be represented by an attorney;

   (3)  I understand that I have the right to file motions, which includes the right to file the following: (i) a Request for a Bill of Particulars, which may be filed within seven (7) days following the date arraignment is scheduled; (ii) a Motion for Pretrial Discovery and Inspection, which may be filed within fourteen (14) days following the date arraignment is scheduled; (iii) an Omnibus Pretrial Motion, which may be filed within thirty (30) days following the date arraignment is scheduled.

   (4)  I waive my right to appear for arraignment.

   I hereby enter a plea of NOT GUILTY to any and all charges in this case.
 

_________________	___________________________
Date	Defendant's signature

PART II

(ACKNOWLEDGMENT OF COUNSEL AND ENTRY OF APPEARANCE)

   I hereby acknowledge the following:

   (1)  The defendant understands the nature of the charges;

   (2)  The defendant understands the rights and requirements of Rule 303(B) of the Pennsylvania Rules of Criminal Procedure;

   (3)  The defendant waives his right to appear for arraignment.

   I hereby enter my appearance for the defendant. 

_________________	_________________	_________________
Date	Attorney's signature	Supreme Court ID #

[Pa.B. Doc. No. 01-214. Filed for public inspection February 9, 2001, 9:00 a.m.]

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