THE COURTS
Title 234--RULES OF CRIMINAL PROCEDURE
[234 PA. CODE CHS. 1, 4, 5, 7 AND 9]
Order Rescinding Rules 113, 574, and 577; Promulgating New Rules 113, 116, and 577; Amending Rules 103, 114, 142, 456, 535, 536, 571, 572, 573, 575, 576, 579, 581, 587, 720, 903, and 906; and Approving the Revision of the Comments to Rules 451 and 721; No. 303 Criminal Procedural Rules; Doc. No. 2
[34 Pa.B. 1547] The Criminal Procedural Rules Committee has prepared a Final Report explaining the changes to the Rules of Criminal Procedure governing motions and answers, and orders and court notices in criminal cases that were adopted on March 3, 2004, effective July 1, 2004. These rule changes, which are the culmination of several years of work by the Committee undertaken to address the problems caused by the proliferation of local rules and the lack of uniformity in procedures in the important area of motions practice in criminal cases that have hindered the statewide practice of law, clarify the procedures in criminal cases governing motions, answers, orders, and court notices, achieve greater statewide uniformity in criminal motions practice, and eliminate the local rules and practices governing motions practice that are hampering the statewide practice of law. The Final Report follows the Court's Order.
Order Per Curiam:
Now, this 3rd day of March, 2004, upon the recommendation of the Criminal Procedural Rules Committee; the proposal having been published before adoption at 28 Pa.B. 5869 (December 5, 1998) and 31 Pa.B. 6784 (December 15, 2001), and in the Atlantic Reporter (Second Series Advance Sheets, Vols. 720 and 785), 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:
(1) Rules of Criminal Procedure 113, 574, and 577 are hereby rescinded;
(2) new Rules of Criminal Procedure 113, 116, and 577 are hereby promulgated;
(3) Rules of Criminal Procedure 103, 114, 142, 456, 535, 536, 571, 572, 573, 575, 576, 579, 581, 587, 720, 903, and 906 are hereby amended; and
(4) the revisions of the Comments to Rules of Criminal Procedure 451 and 721 are hereby approved
all in the following form.
This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective July 1, 2004.
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 103. Definitions.
The following words and phrases, when used in any Rule of Criminal Procedure, shall have the following meanings:
* * * * * CARRIER SERVICE includes, but is not limited to, delivery by companies such as Federal Express or United Parcel Service, or a local courier service, and courthouse interoffice mail. The courthouse interoffice mail is a method of delivery used in some judicial districts for transmittal of documents between offices in the courthouse, and between the courthouse and other county facilities, including the county jail facility.
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, without regard to that person's official title] list of docket entries, and to perform such other duties as required by rule or law.
* * * * * 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 includes any challenge, petition, application, or other form of request for an order or relief.
* * * * * Official Note: Previous Rules 3 and 212 adopted June 30, 1964, effective January 1, 1965, suspended January 31, 1970, 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 May 10, 2002, effective September 1, 2002; amended March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 3, 2004 amendments defining carrier service, clerk of courts, court administrator, and motion published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
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 March 3, 2004 and replaced by Rule 114(C), effective July 1, 2004.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 3, 2004 rescission of the rule published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
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. Upon request, the clerk shall provide copies at reasonable cost.
(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;
(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, including 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, and motion made, and the substance of each order or judgment of the court and of the returns showing execution of process;
(4) notations concerning motions made orally or orders issued orally in the courtroom when directed 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.
Comment This rule sets forth the mandatory contents of the list of docket entries and the criminal case files. This is not intended to be an exhaustive list of what is required to be recorded in the docket entries. The judicial districts may require additional information be recorded in a case or in all cases.
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.
Nothing in this rule is intended to preclude the use of automated or other electronic means for time stamping or making docket entries.
This rule applies to all proceedings in the court of common pleas at any stage of a criminal case.
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.
In those cases in which the attorney has authorized receiving service by facsimile transmission or electronic means, the docket entry required in paragraph (C)(2) must include the facsimile number or electronic address.
Paragraph (C)(4) recognizes that occasionally disposition of oral motions presented in open court should be reflected in the docket, such as motions and orders related to omnibus pretrial motions (Rule 578), motions for a mistrial (Rule 605), motions for changes in bail (Rule 529), and oral motions for extraordinary relief (Rule 704(B)).
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 March 3, 2004 and replaced by Rule 114(C), effective July 1, 2004. New Rule 113 adopted March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
Final Report explaining the provisions of the new rule published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
Rule 114. [Notice and Docketing of Orders] Orders and Court Notices: Filing; Service; and Docket Entries.
[Upon receipt of an order from a judge, the clerk of courts shall immediately docket the order and record in the docket the date it was made. The clerk shall forthwith furnish a copy of the order, by mail or personal delivery, to each party or attorney, and shall record in the docket the time and manner thereof.]
(A) Filing
(1) All orders and court notices promptly shall be transmitted to the clerk of courts' office for filing. Upon receipt in the clerk of courts' office, the order or court notice promptly shall be time stamped with the date of receipt.
(2) All orders and court notices promptly shall be placed in the criminal case file.
(B) Service
(1) A copy of any order or court notice promptly shall be served on each party's attorney, or the party if unrepresented.
(2) The clerk of courts shall serve the order or court notice, unless the president judge has promulgated a local rule designating service to be by the court or court administrator.
(3) Methods of Service
Service shall be:
(a) in writing by
(i) personal delivery to the party's attorney or, if unrepresented, the party; or
(ii) personal delivery to the party's attorney's employee at the attorney's office; or
(iii) mailing a copy to the party's attorney or leaving a copy for the attorney at the attorney's office; or
(iv) in those judicial districts that maintain in the courthouse assigned boxes for counsel to receive service, when counsel has agreed to receive service by this method, leaving a copy for the party's attorney in the box in the courthouse assigned to the attorney for service; or
(v) 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
(vi) sending a copy by facsimile transmission or other electronic means if the party's attorney, or the party if unrepresented, has filed a written request for this method of service or has included a facsimile number or an electronic address on a prior legal paper filed in the case; or
(vii) delivery to the party's attorney, or the party if unrepresented, by carrier service; or
(b) orally in open court on the record.
(C) Docket Entries
(1) Docket entries promptly shall be made.
(2) The docket entries shall contain:
(a) the date of receipt in the clerk's office of the order or court notice;
(b) the date appearing on the order or court notice; and
(c) the date and manner of service of the order or court notice.
(D) 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 [The rule makes it clear that the notice and recording procedures are mandatory and may not be modified by local rule.]
This rule was amended in 2004 to provide in one rule the procedures for the filing and service of all orders and court notices, and for making docket entries of the date of receipt, date appearing on the order or notice, and the date and manner of service. This rule 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 (B)(2) permits the president judge to continue this practice by designating either the court or the court administrator to serve orders and court notices. When the president judge makes such a designation, the designation must be in the form of a local rule promulgated in compliance with Rule 105 (Local Rules).
Paragraph (C)(2) requires three dates to be entered 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 appearing 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.
Although paragraph (B)(3)(a)(iv) permits the use of assigned mailboxes for service under this rule, the Attorney General's office never may be served by this method.
A facsimile number or an electronic address set forth on letterhead is not sufficient to authorize service by facsimile transmission or other electronic means under paragraph (B)(3)(a)(vi). The authorization for service by facsimile transmission or other electronic means under this rule is valid only for the duration of the case. A separate authorization must be filed in each case the party or attorney wants to receive documents by this method of service.
Nothing in this rule is intended to preclude the use of automated or other electronic means for the transmission of the orders or court notices between the judge, court administrator, and clerk of courts, or for time stamping or making docket entries.
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.]
This rule makes it clear that the procedures for filing and service, and making docket entries are mandatory and may not be modified by local rule.
Paragraph (D), 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).
For the definition of ''carrier service,'' see Rule 103.
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 March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 3, 2004 rule changes concerning filing and service, making docket entries, and orders and court notices published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
Rule 116. General Supervisory Powers of President Judge.
The President Judge shall be responsible for ensuring that the judicial district is in compliance with the Pennsylvania Rules of Criminal Procedure, other rules, and statutes, applicable to the minor judiciary, courts, clerks of courts, and court administrators.
Comment By this rule, the Supreme Court is imposing on the president judges the responsibility of supervising their respective judicial districts to ensure compliance with the statewide Rules of Criminal Procedure, other rules, and statutes.
See 42 Pa.C.S. §§ 2756 and 2757 concerning the duties of the clerks of courts.
Official Note: Adopted March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
Final Report explaining new Rule 116 published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
PART D. Procedures Implementing 42 Pa.C.S. §§ 4137, 4138, 4139: Criminal Contempt Powers of District Justices, Judges of the Pittsburgh Magistrates Court, and Judges of the Traffic Court of Philadelphia Rule 142. Procedures Governing Defaults in Payment of Fine Imposed as Punishment for Contempt.
(A) If a contemnor defaults on the payment of a fine imposed as punishment for contempt pursuant to 42 Pa.C.S. §§ 4137(c), 4138(c), or 4139(c), the issuing authority shall notify the contemnor in person or by first class mail that within 10 days of the date on the default notice the contemnor must either:
* * * * * (2) appear before the issuing authority to [show cause] explain why the contemnor should not be imprisoned for nonpayment as provided by law,
* * * * *
Comment * * * * * When a contemnor defaults on a payment of a fine, paragraph (A) requires the issuing authority to notify the contemnor of the default, and to provide the contemnor with an opportunity to either pay the amount due or appear within a 10-day period to [show cause] explain why the contemnor should not be imprisoned for nonpayment. If the contemnor fails to pay or appear, the issuing authority must issue a warrant for the arrest of the contemnor.
* * * * * Official Note: Rule 32 adopted October 1, 1997, effective October 1, 1998; renumbered Rule 142 and amended March 1, 2000, effective April 1, 2001; amended March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 3, 2004 rule changes deleting ''show cause'' published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
CHAPTER 4. PROCEDURES IN SUMMARY CASES
PART E. General Procedures in Summary Cases Rule 451. Service.
* * * * *
Comment This rule provides the procedures for service in summary cases. These procedures are different from those provided by Rule [577] 576 for motions and documents in court cases. See also Rule [113] 114, which sets forth, inter alia, the procedures for providing notice to a defendant of court proceedings requiring the defendant's presence in court cases and in summary cases on appeal for a trial de novo.
* * * * * Official Note: Rule 80 adopted July 12, 1985, effective January 1, 1986; effective date extended to July 1, 1986; amended February 1, 1989, effective July 1, 1989; Comment revised June 2, 1994, effective September 1, 1994; renumbered Rule 451 and amended March 1, 2000, effective April 1, 2001; Comment revised March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 3, 2004 Comment revision updating the cross-references correlative to the March 3, 2004 changes to the motions rules published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
Rule 456. Default Procedures: Restitution, Fines, and Costs.
* * * * * (B) If a defendant defaults on the payment of fines and costs, or restitution, as ordered, the issuing authority shall notify the defendant in person or by first class mail that, unless within 10 days of the date on the default notice, the defendant pays the amount due as ordered, or appears before the issuing authority to [show cause] explain why the defendant should not be imprisoned for nonpayment as provided by law, a warrant for the defendant's arrest may be issued.
* * * * *
Comment * * * * * When a defendant defaults on a payment of restitution, fines, or costs, paragraph (B) requires the issuing authority to notify the defendant of the default, and to provide the defendant with an opportunity to pay the amount due or appear within 10 days to [show cause] explain why the defendant should not be imprisoned for nonpayment. Notice by first class mail is considered complete upon mailing to the defendant's last known address. See Rule 430(D).
* * * * * Official Note: Adopted July 12, 1985, effective January 1, 1986; amended September 23, 1985, effective January 1, 1986; January 1, 1986 effective dates extended to July 1, 1986; Comment revised February 1, 1989, effective July 1, 1989; rescinded October 1, 1997, effective October 1, 1998. New Rule 85 adopted October 1, 1997, effective October 1, 1998; amended July 2, 1999, effective August 1, 1999; renumbered Rule 456 and amended March 1, 2000, effective April 1, 2001; Comment revised August 7, 2003, effective July 1, 2004; amended March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 3, 2004 Comment revision published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
CHAPTER 5. PRETRIAL PROCEDURES IN COURT CASES
PART C(2). General Procedures in all Bail Cases Rule 535. Receipt for Deposit; Return of Deposit.
(A) The issuing authority or the clerk of courts who accepts a deposit of cash in satisfaction of a monetary condition of bail shall give the depositor an itemized receipt, and shall note on the transcript or in the list of docket entries and the bail bond the amount deposited and the name of the person who made the deposit. When the issuing authority accepts such a deposit, the deposit, the docket transcript, and a copy of the bail bond shall be delivered to the clerk of courts.
* * * * * Official Note: Former Rule 4015, previously Rule 4009, adopted November 22, 1965, effective June 1, 1966; renumbered Rule 4015, former paragraph (b) integrated into paragraph (a) and new paragraph (b) adopted July 23, 1973, effective 60 days hence; rescinded September 13, 1995, effective January 1, 1996, and replaced by present Rule 4015. Present Rule 4015 adopted September 13, 1995, effective January 1, 1996. The January 1, 1996 effective dates extended to April 1, 1996; the April 1, 1996 effective dates extended to July 1, 1996; renumbered Rule 535 and amended March 1, 2000, effective April 1, 2001; amended April 20, 2000, effective July 1, 2000; amended March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 3, 2004 changes to paragraph (A) published with Court's Order at 34 Pa.B. 1561 (March 20, 2004).
Rule 536. Procedures Upon Violation of Conditions: Revocation of Release and Forfeiture; Bail Pieces; Exoneration of Surety.
(A) SANCTIONS
(1) Revocation of Release
* * * * * (c) The bail authority also may [also] order the defendant or the defendant's surety to [show cause] explain why the defendant's release should not be revoked or why the conditions of release should not be changed. A copy of the order shall be served on the defendant and the defendant's surety, if any.
* * * * * Official Note: Former Rule 4016, adopted July 23, 1973, effective 60 days hence, replacing prior Rule 4012; Comment revised January 28, 1983, effective July 1, 1983; rescinded September 13, 1995, effective January 1, 1996, and replaced by Rule 4016. Present Rule 4016 adopted September 13, 1995, effective January 1, 1996. The January 1, 1996 effective dates extended to April 1, 1996; the April 1, 1996 effective dates extended to July 1, 1996; renumbered Rule 536 and Comment revised March 1, 2000, effective April 1, 2001; amended March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 3, 2004 rule changes deleting ''show cause'' published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
PART F. Procedures Following Filing of Information Rule 571. Arraignment.
(A) Except as otherwise provided in paragraph (D), arraignment shall be in such form and manner as provided by local court rule. Notice of arraignment shall be given to the defendant as provided in Rule [113] 114 or by first class mail. Unless otherwise provided by local court rule, or postponed by the court for cause shown, arraignment shall take place no later than 10 days after the information has been filed.
* * * * *
Comment * * * * * Paragraph (D) is intended to facilitate, for defendants represented by counsel, waiver of appearance at arraignment through procedures such as arraignment by mail. For the procedures to provide notice of court proceedings requiring the defendant's presence, see Rule [113] 114.
Official Note: Formerly Rule 317, adopted June 30, 1964, effective January 1, 1965; paragraph (b) amended November 22, 1971, effective immediately; paragraphs (a) and (b) amended and paragraph (e) deleted November 29, 1972, effective 10 days hence; paragraphs (a) and (c) amended February 15, 1974, effective immediately. Rule 317 renumbered Rule 303 and amended June 29, 1977, amended and paragraphs (c) and (d) deleted October 21, 1977, and amended November 22, 1977, all effective as to cases in which the indictment or information is filed on or after January 1, 1978; Comment revised January 28, 1983, effective July 1, 1983; amended October 21, 1983, effective January 1, 1984; amended August 12, 1993, effective September 1, 1993; rescinded May 1, 1995, effective July 1, 1995, and replaced by new Rule 303. New Rule 303 adopted May 1, 1995, effective July 1, 1995; renumbered Rule 571 and amended March 1, 2000, effective April 1, 2001; amended November 17, 2000, effective January 1, 2001; amended May 10, 2002, effective September 1, 2002; amended March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 3, 2004 amendments updating the cross-references correlative to the March 3, 2004 changes to the motions rules published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
Rule 572. Bill of Particulars.
(A) A request for a bill of particulars shall be served in writing by the defendant upon the attorney for the Commonwealth within 7 days following arraignment. The request shall promptly be filed and served as provided in Rule 576 [subsequent to service upon the attorney for the Commonwealth].
* * * * * Official Note: Rule 304 adopted June 29, 1977 and November 22, 1977, effective as to cases in which the indictment or information is filed on or after January 1, 1978; amended October 21, 1983, effective January 1, 1984; amended June 19, 1996, effective July 1, 1996; renumbered Rule 572 and amended March 1, 2000, effective April 1, 2001; amended March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 3, 2004 amendments to paragraph (A) published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
Rule 573. Pretrial Discovery and Inspection.
(A) INFORMAL
Before any disclosure or discovery can be sought under these rules by either party, counsel for the parties shall make a good faith effort to resolve all questions of discovery, and to provide information required or requested under these rules as to which there is no dispute. When there are items requested by one party which the other party has refused to disclose, the demanding party may make appropriate motion [to the court]. Such motion shall be made within 14 days after arraignment, unless the time for filing is extended by the court. In such motion the party must set forth the fact that a good faith effort to discuss the requested material has taken place and proved unsuccessful. Nothing in this provision shall delay the disclosure of any items agreed upon by the parties pending resolution of any motion for discovery.
* * * * * (C) DISCLOSURE BY THE DEFENDANT
(1) MANDATORY:
(a) Notice of Alibi Defense:
A defendant who intends to offer the defense of alibi at trial [shall, at], within the time required for filing the omnibus pretrial motion under Rule [578, file of record notice signed by the defendant or the attorney for the defendant, with proof of service upon the attorney for the Commonwealth, specifying intention to claim such defense] 579, shall file with the clerk of courts notice specifying the intention to claim the defense of alibi, and a certificate of service on the attorney for the Commonwealth. The notice and certificate shall be signed by the attorney for the defendant, or the defendant if unrepresented. Such notice shall contain specific information as to the place or places where the defendant claims to have been at the time of the alleged offense and the names and addresses of witnesses whom the defendant intends to call in support of such claim.
(b) Notice of Insanity Defense or Mental Infirmity Defense:
A defendant who intends to offer at trial the defense of insanity, or a claim of mental infirmity [shall, at], within the time required for filing an omnibus pretrial motion under Rule [578, file of record notice signed by the defendant or the attorney for the defendant, with proof of service upon the attorney for the Commonwealth, specifying intention to claim such defense] 579, shall file with the clerk of courts notice specifying the intention to claim the defense of insanity or of mental infirmity, and a certificate of service on the attorney for the Commonwealth. The notice and certificate shall be signed by the attorney for the defendant, or the defendant if unrepresented. Such notice shall contain specific available information as to the nature and extent of the alleged insanity or claim of mental infirmity, the period of time that the defendant allegedly suffered from such insanity or mental infirmity, and the names and addresses of witnesses, expert or otherwise, whom the defendant intends to call at trial to establish such defense.
* * * * *
Comment This rule is intended to apply only to court cases. However, the constitutional guarantees mandated in Brady v. Maryland, 373 U. S. 83 (1963), and the refinements of the Brady standards embodied in subsequent judicial decisions, apply to all cases, including court cases and summary cases, and nothing to the contrary is intended. For definitions of ''court case'' and ''summary case,'' see Rule 103.
Any motion under this rule must comply with the provisions of Rule 575 (Motions and Answers) and Rule 576 (Filing and Service by Parties).
* * * * * See Rule 576(B)(4) and Comment for the contents and form of the certificate of service.
It is intended that the remedies provided in paragraph (E) apply equally to the Commonwealth and the defendant as the interests of justice require.
* * * * * Official Note: Present Rule 305 replaces former Rules 310 and 312 in their entirety. Former Rules 310 and 312 adopted June 30, 1964, effective January 1, 1965. Former Rule 312 suspended June 29, 1973, effective immediately. Present Rule 305 adopted June 29, 1977 and November 22, 1977, effective as to cases in which the indictment or information is filed on or after January 1, 1978; Comment revised April 24, 1981, effective June 1, 1981; amended October 22, 1981, effective January 1, 1982; amended September 3, 1993, effective January 1, 1994; amended May 13, 1996, effective July 1, 1996; Comment revised July 28, 1997, effective immediately; Comment revised August 28, 1998, effective January 1, 1999; renumbered Rule 573 and amended March 1, 2000, effective April 1, 2001; amended March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 3, 2004 amendments to paragraphs (A), (C)(1)(a), and (C)(1)(b), and the revision to the Comment adding the reference to Rules 575 and 576 published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
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 March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 3, 2004 rescission of Rule 574 published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
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, the motion 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 the 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) An] (1) Except as provided in Rule 906 (Answer to Petition for Post-Conviction Collateral Relief), an answer to a motion is not required unless [ordered by the court or otherwise provided in these rules] the judge orders an answer in a specific case as provided in Rule 577. 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, if a hearing or argument is scheduled, may respond orally at [the] that 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) * * *
[(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 the 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 or an answer, requiring an answer to every motion, or requiring a cover sheet or a backer for any motion or answer.
Comment For the definition of ''motion,'' see Rule 103.
See Rule 1005 for the procedures for pretrial applications for relief in the Philadelphia Municipal Court.
''Rules to Show Cause'' and ''Rules Returnable'' were abolished in 2004 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 and serving of orders, and for making docket entries.
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.
Paragraph (C), titled ''Unified Practice,'' was added in 2004 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 should consider whether to include a proposed order. Proposed orders may aid the court by defining the relief requested in the motion or answer.
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 March 3, 2004, effective July 1, 2004. Former Rule 9021 adopted October 21, 1983, effective January 1, 1984; renumbered Rule 575 and amended March 1, 2000, effective April 1, 2001; Rules 574 and 575 combined as Rule 575 and amended March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 3, 2004 rule changes combining Rule 574 with Rule 575 published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
Rule 576. Filing and Service by Parties.
(A) FILING
[Except as otherwise provided in these rules, all] (1) 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.
(2) Filing shall be by:
(a) personal delivery to the clerk of courts; or
(b) mail addressed to the clerk of courts. 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 a written motion, notice, or] The clerk of courts shall accept all written motions, answers, notices, or documents presented for filing. When a document, which is filed pursuant to paragraph (A)(1), is received by the clerk of courts, the clerk shall [docket it and record the time of filing in the docket. A copy of these papers shall be promptly transmitted to such person as may be designated by the court] time stamp it with the date of receipt and make a docket entry reflecting the date of receipt, and promptly shall place the document in the criminal case file.
[(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, but] accept it for filing, time stamp it with the date of receipt and make a docket entry reflecting the date of receipt, and place the document in the criminal case file. A copy of the time stamped document shall [forward it] be forwarded to the defendant's attorney and the attorney for the Commonwealth within 10 days of receipt.
[(D) Filing may be accomplished by:
(1) personal delivery to the clerk of courts; or
(2) mail addressed to the clerk of courts, provided, however, that filing by mail shall be timely only when actually received by the clerk within the time fixed for filing.]
(5) If a defendant submits a document pro se to a judge without filing it with the clerk of courts, and the document requests some form of cognizable legal relief, the judge promptly shall forward the document to the clerk of courts for filing and processing in accordance with this rule.
(6) 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 the party if unrepresented; or
(b) personal delivery of a copy to the party's 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, when counsel has agreed to receive service by this method, 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; or
(f) sending a copy by facsimile transmission or other electronic means if the party's attorney, or the party if unrepresented, has made a written request for this method of service for the document; or
(g) delivery to the party's attorney, or the party if unrepresented, by carrier service.
(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; or
(d) sending a copy to the court administrator by facsimile transmission or other electronic means if authorized by local rule; or
(e) delivery to the court administrator by carrier service.
(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 the party if unrepresented, 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 the defendant if unrepresented, 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[, but it] and answers. The provision also applies to notices and 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(A).] 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).
[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. 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.]
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'').
[Paragraph (C) was added in 1996 to provide a uniform, statewide] The 2004 amendments to paragraph (A)(4) modified the procedure [for] by which 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. As amended, paragraph (A)(4) requires, in all cases in which a represented defendant files a document, that the clerk of courts make a docket entry of the defendant's filing and place the document in the criminal case file, and then forward a copy of the document to both the attorney of record and the attorney for the Commonwealth. See Commonwealth v. Castro, 766 A.2d 1283 (Pa. Super. 2001). [See] Compare Pa.R.A.P. 3304 (Hybrid Representation). The requirement that the clerk time stamp and make docket entries of the filings in these cases only serves to provide a record of the filing, and does not trigger any deadline nor require any response. See Rules 120 (Attorneys--Appearance and Withdrawals) and 122 (Assignment of Counsel) concerning the duration of counsel's obligation under the rules.
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.
The purpose of paragraph (A)(5) is to ensure documents raising cognizable legal issues submitted to the judge are transmitted to the clerk of courts, and does not relieve the defendant from complying with the other requirements of the rules. When a document is forwarded to the clerk from a judge, if the defendant is unrepresented, the clerk is to proceed as provided in paragraph (A)(3) and the defendant is to be treated like any other party. If the defendant is represented, the clerk is to proceed pursuant to paragraph (A)(4).
Paragraph (A)(6), titled ''Unified Practice,'' was added in 2004 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.
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).
Although paragraph (C)(1)(d) permits the use of assigned mailboxes for service under this rule, the Attorney General's office never may be served by this method.
A facsimile number or an electronic address set forth on letterhead is not sufficient to authorize service by facsimile transmission or other electronic means under paragraph (B)(2)(f). The authorization for service by facsimile transmission or other electronic means under this rule is document specific and only valid for an individual document. Counsel will have to renew the authorization for each document.
For the definition of ''carrier service,'' see Rule 103.
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, PAService by electronic means addressed as follows:(NAME) ______ (717) 545-0000
000 Magnolia Ave, Suite A
Harrisburg PA 17122
email address: johndoe@hotmail.com
(Attorney for the Defendant)Dated:(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 (Service) for the procedures for service in summary cases.
See Rule 114 (Orders and Court Notices: Filing, Service, and Docket Entries) for the requirements for docketing and service of court orders and notices.
See Rule 103 (Definitions) for the definitions of court administrator, clerk of courts, and motions.
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 March 3, 2004, effective July 1, 2004. Rules 576 and 577 combined and amended March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 3, 2004 changes amending and combining Rule 576 with former Rule 577 published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
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 March 3, 2004, effective July 1, 2004, and replaced by Rule 576(B).
Committee Explanatory Reports:
* * * * * Final Report explaining the March 3, 2004 rescission of the rule published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
Rule 577. Procedures Following Filing of Motion.
(A) Following the filing of a motion,
(1) if the judge 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 the judge determines the motion requires a hearing or argument, the court or the court administrator shall schedule the date and time for the hearing or argument. Pursuant to Rule 114(B)(2), 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 or court administrator to serve these notices.
(B) The judge 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 In all cases, the notice of the date and time of the hearing or argument must be filed and served, and docket entries made, as required by Rule 114.
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: 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 March 3, 2004, effective July 1, 2004, and replaced by Rule 576(B). New Rule 577 adopted March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
Final Report explaining the provisions of the new rule published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
Rule 579. Time for Omnibus Pretrial Motion and Service.
* * * * * (B) Copies of all pretrial motions shall be served in accordance with Rule [577] 576.
Comment * * * * * For general requirements concerning the filing and service of motions, notices, and other documents by parties, see [Rules] Rule 576 [and 577].
Official Note: Formerly Rule 305 adopted June 30, 1964, effective January 1, 1965; renumbered Rule 307 and amended June 29, 1977 and November 22, 1977, effective as to cases in which the indictment or information is filed on or after January 1, 1978; amended October 21, 1983, effective January 1, 1984; renumbered Rule 579 and amended March 1, 2000, effective April 1, 2001; amended March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 3, 2004 amendments updating the cross-references correlative to the March 3, 2004 changes to the motions rules published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
Rule 581. Suppression of Evidence.
(A) The [defendant or the] defendant's attorney, or the defendant if unrepresented, may make a motion to the court to suppress any evidence alleged to have been obtained in violation of the defendant's rights.
* * * * * (E) [Upon the filing of such motion, a judge of the court shall fix a time for a] A hearing[, which] shall be scheduled in accordance with Rule 577 (Procedures Following Filing of Motion). A hearing may be either prior to or at trial, and shall afford the attorney for the Commonwealth a reasonable opportunity for investigation. The judge shall enter such interim order as may be appropriate in the interests of justice and the expeditious disposition of criminal cases.
* * * * *
Comment * * * * * It should be noted that failure to file the [application] motion within the appropriate time limit constitutes a waiver of the right to suppress. However, once the [application] motion is timely filed, the hearing may be held at any time prior to or at trial.
All motions to suppress must comply with the provisions of Rule 575 (Motions and Answers) and Rule 576 (Filing and Service by Parties).
* * * * * Official Note: Rule 323 adopted March 15, 1965, effective September 15, 1965; amended November 25, 1968, effective February 3, 1969. The 1968 amendment suspended, amended, and consolidated former Rules 323, 324, 2000 and 2001 of the Pennsylvania Rules of Criminal Procedure. This was done in accordance with Section 1 of the Act of July 11, 1957, P. L. 819, 17 P. S. § 2084. Paragraph (f) amended March 18, 1972, effective immediately; amended June 29, 1977 and November 22, 1977, effective as to cases in which the indictment or information is filed on or after January 1, 1978; paragraphs (f) and (g) and Comment amended September 23, 1985, effective January 1, 1986; effective date extended to July 1, 1986; renumbered Rule 581 and amended March 1, 2000, effective April 1, 2001; amended March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 3, 2004 amendments to paragraphs (A) and (E) and the revision to the Comment adding the reference to Rules 575 and 576 published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
Rule 587. Motion for Dismissal.
* * * * * (B) The attorney for the Commonwealth shall be afforded an opportunity to [show cause why the relief prayed for should not be granted] respond.
Comment Cf. Pa.R.J.A. 1901 concerning termination of inactive cases.
See Rule 575 for the procedures governing motions and answers.
Official Note: Rule 316 adopted June 30, 1964, effective January 1, 1965; amended June 8, 1973, effective July 1, 1973; amended February 15, 1974, effective immediately; renumbered Rule 315 and amended June 29, 1977 and November 22, 1977, effective as to cases in which the indictment or information is filed on or after January 1, 1978; Comment revised January 28, 1983, effective July 1, 1983; amended August 12, 1993, effective September 1, 1993; renumbered Rule 587 and amended March 1, 2000, effective April 1, 2001; amended March 3, 2004, effective July 1, 2004.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 3, 2004 amendment of paragraph (B) published with the Court's Order at 34 Pa.B. 1561 (March 20, 2004).
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