THE COURTS
Title 255--LOCAL
COURT RULES
BEAVER COUNTY
Local Rules of Criminal Procedure; No. 522 Misc. of 2006
[36 Pa.B. 4177]
[Saturday, August 5, 2006]
Order Local Rule of Criminal Procedure No. 542, as follows is adopted, effective thirty (30) days after publication in the Pennsylvania Bulletin. The Court Administrator of Beaver County shall file this Order and Local Rule with the Clerk of Courts of Beaver County and shall file certified copies thereof as follows:
(A) Seven certified copies with the Administrative Office of Pennsylvania Courts;
(B) Two certified copies and a computer diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
(C) One certified copy with the Criminal Procedural Rules Committee of the Pennsylvania Supreme Court; and
(D) One copy shall be kept continuously available for public inspection and copying in the Office of the Clerk of Courts of Beaver County.
By the Court
ROBERT E. KUNSELMAN,
President Judge
Local Rule 542 L.R. 542 Preliminary Hearing Scheduling; Continuances.
(A) At the preliminary arraignment or at the time of the issuance of a summons, the issuing authority shall schedule the preliminary hearing on a date and time assigned by the Court Administrator. The issuing authority shall give notice to the defendant and to counsel for the defendant, if any, of the date and time selected. The issuing authority shall promptly transfer all papers to the Court Administrator.
(B) The presiding Central Court Magisterial District Judge may, for cause shown, grant a continuance and shall note on the transcript every continuance together with:
(1) the grounds for granting each continuance;
(2) the party requesting the continuance;
(3) the new date and time of the preliminary hearing.
(C) Each Motion to Continue Preliminary Hearing shall contain the following information:
(1) the grounds for requesting each continuance;
(2) the name of opposing counsel and opposing counsel's position on the motion;
(3) the number of prior continuances, if any.
(D) Motions to Continue Preliminary Hearing made on the date of the Scheduled Hearing shall require the following:
(1) The moving party to personally appear before the presiding Magisterial District Judge in Central Court and present a written motion after notice to opposing counsel.
(2) the Magisterial District Judge to enter a ruling after entertaining argument from both counsel.
(E) Motions to Continue Preliminary Hearing made prior to the Scheduled Hearing Date shall require the following:
(1) the moving party to personally appear before the presiding Magisterial District Judge in Central Court and present a written motion after notice to opposing counsel; or
(2) deliver either in person, mail or fax, no later than 3:00 p.m. on the business day prior to the scheduled hearing date, a written motion to continue, to Central Court staff.
(a) Central Court staff, upon receiving the motion to continue, shall relay the motion to the presiding Magisterial District Judge at Central Court.
(b) The presiding Magisterial District Judge will enter a ruling.
(F) Any Motion to Continue Preliminary Hearing received after 3:00 p.m. on the business day prior to the scheduled hearing date will require the moving party to personally appear and present the motion to the presiding Magisterial District Judge at Central Court on the day of the hearing after notice to opposing counsel.
(G) Any motion to continue a preliminary hearing must be presented to a Magisterial District Judge for disposition before any action is taken, even if both parties have no objection to the continuance.
[Pa.B. Doc. No. 06-1487. Filed for public inspection August 4, 2006, 9:00 a.m.]
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