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PA Bulletin, Doc. No. 03-2225

THE COURTS

SCHUYLKILL COUNTY

Amended/Adopted Criminal Rules of Procedure; No. 592 Misc. 2003

[33 Pa.B. 5701]

Order of Court

   And Now, this 6th day of November, 2003, at 9:30 a.m., Schuylkill County Criminal Rules of Procedure, Rule 106 and Rule 319 are amended and Rule 722 is adopted for use in the Court of Common Pleas of Schuylkill County, Pennsylvania, Twenty-First Judicial District, Commonwealth of Pennsylvania, effective thirty (30) days after publication in the Pennsylvania Bulletin.

   The Clerk of Courts of Schuylkill County is Ordered and Directed to do the following:

   1)  File seven (7) certified copies of this Order and Rules with the Administrative Office of Pennsylvania Courts.

   2)  File two (2) certified copies of this Order and Rules with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette reflecting the text in the hard copy version.

   3)  File one (1) certified copy of this Order and Rules with the Pennsylvania Criminal Procedural Rules.

   4)  Forward one (1) copy to the Law Library of Schuylkill County for publication in the Schuylkill Legal Record.

   5)  Keep continuously available for public inspection copies of this Order and Rules.

   It is further Ordered that said rule as it existed prior to the amendment is hereby repealed and annulled on the effective date of said rule as amended, but no right acquired thereunder shall be disturbed.

WILLIAM E. BALDWIN,   
President Judge

Rule 106  Continuances

Motion by Defendant

   A.  All motions for continuance of trial by a defendant shall be in writing, upon forms approved by the Court, and shall be executed by the defendant and his attorney, if any.

   B.  Upon a first application for a continuance, the presence of the defendant and his or her counsel shall not be required at the hearing on said motion unless the District Attorney has notified the Defendant and the Court Administrator (criminal) that the continuance request is opposed. All first application requests shall be filed with the Clerk of Courts and contemporaneously a copy shall be served on the District Attorney by the defendant before the close of business on the Monday preceding the Friday continuance date set forth on the Court Calendar. Any first continuance request not filed by the Monday preceding the continuance court date shall be treated as if opposed and the party and counsel will be required to appear in person at continuance court.

   C.  When a motion seeks a second or subsequent continuance the defendant shall give at least twenty-four (24) hours advance notice of the intention to present said motion to the District Attorney. The defendant will be required to appear in Court for a second or subsequent continuance, with counsel (if any), for consideration of the continuance request.

Rule 319  Procedure for Obtaining Dismissal and Expungement Order upon Successful Completion of A. R. D. Program.

   (a)  Whenever a defendant is placed under the Accelerated Rehabilitation Disposition Program and shall have satisfactorily completed the program and complied with its conditions, the Adult Probation Office shall notify the defendant in writing of his/her eligibility to petition the Court for dismissal of the charges and expungement of the arrest record.

   (b)  A motion for dismissal of the charges and expungement of the arrest record shall be filed on a form approved by the Court and available at the office of the Adult Probation Department. Every motion so filed shall include a certification from the Adult Probation Department that the defendant has satisfactorily completed the program and complied with all its conditions and shall further include a proposed order in compliance with Pa.R.Crim.P. Rule 722.

   (c)  The defendant shall file the motion in the office of the Clerk of Courts and shall contemporaneously serve a copy on the District Attorney. The Clerk of Courts shall forward the motion to the Court Administrator for assignment to a judge. If the District Attorney objects to dismissal of the charges or to automatic expungement of the arrest record, the objections shall be filed within thirty (30) days after service of the motion for dismissal and expungement. A copy of the objections shall be served on the defendant or the defendant's attorney. If objections are filed the Court shall conduct a hearing, affording all parties an opportunity to be heard. If no objections are filed, the Court may order dismissal of the charges and expungement of the arrest record without hearing.

Rule 722  Petitions for Expungement

   (a)  Every motion for expungement shall have attached a proposed order of expungement in compliance with Pa.R.Crim.P. 722.

   (b)  A defendant shall file the original motion for expungement with the Clerk of Courts and contemporaneously serve a copy on the District Attorney. The Clerk of Courts shall forward the motion to the Court Administrator for assignment to a judge. If the District Attorney objects to expungement, the objections shall be filed within thirty (30) days after service of the motion. A copy of the objections shall be served on the defendant or the defendant's attorney. If objections are filed, the Court shall conduct a hearing, affording all parties an opportunity to be heard. If no objections are filed, the Court may order expungement of the arrest record without hearing.

[Pa.B. Doc. No. 03-2225. Filed for public inspection November 21, 2003, 9:00 a.m.]


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