THE COURTS
SOMERSET COUNTY
Consolidated Rules of Court; No. 70 Miscellaneous 2004
[34 Pa.B. 6648]
Adopting Order Now, this 24th day of November, 2004, it is hereby Ordered:
1. Som. R.Crim.P. 310, Accelerated Rehabilitative Disposition, Motions And Orders, is amended to read in its entirety as follows hereto, effective thirty days after publication in the Pennsylvania Bulletin.
2. The Somerset County Court Administrator shall:
A. File seven (7) certified copies of this Order and the attached Rule with the Administrative Office of Pennsylvania Courts.
B. Distribute two (2) certified copies of this Order and the attached Rule, along with a diskette or CD, to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
C. File one (1) certified copy of this Order and the attached Rule with the Pennsylvania Criminal Procedural Rules Committee.
D. File proof of compliance with this Order in the docket for these Rules, which shall include a copy of each transmittal letter.
By the Court
EUGENE E. FIKE, II,
President JudgeSom. R.Crim.P. 310. Accelerated Rehabilitative Disposition. Motions And Criteria.
A. A separate written motion shall be prepared for each docketed case for which ARD disposition is recommended. After filing in the office of the Clerk of Courts, the motions shall be presented to the court in accordance with Motions Judge practice, prior to scheduling the case for ARD hearing.
B. Motions for ARD disposition shall contain the following:
1. A statement of all offenses with which defendant is presently charged in this court; and
2. A statement of all offenses with which defendant is presently charged in any other jurisdiction which are known; and
3. Written statements of the criminal and motor vehicle records of the accused, if any, and if none, so stating, certified respectively by the appropriate official of the Department of Transportation, and the Clerk of Courts or other public official or authorized deputy having official custody of defendant's records, provided that in lieu of attaching such written statements to the motion, the same may be retained in the District Attorney's file and furnished to court when requested; and
4. Any other facts considered relevant to consideration of the motion.
C. ARD motions will be reviewed ex parte by the Motions Judge to determine whether the motion complies with these rules and warrants hearing.
1. If it appears from the face of the motion that the motion complies with these rules and warrants hearing, the Motions Judge will by endorsement thereon approve the same for scheduling and transmit it to the court clerk.
2. If additional facts are necessary to make the determination, the District Attorney and defense counsel shall furnish a written statement, if requested, containing such additional facts as the court may request.
3. If the Motions Judge determines that the motion does not comply with these rules and does not warrant hearing, the Motions Judge shall disapprove the motion for scheduling unless there are exceptional and compelling reasons set forth in the motion or in supplemental statements provided by the District Attorney and defense counsel.
4. ARD motions disapproved for scheduling shall be so endorsed by the Motions Judge and transmitted to the court clerk.
[Pa.B. Doc. No. 04-2228. Filed for public inspection December 17, 2004, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
