THE COURTS
FAYETTE COUNTY
Criminal Rule; Arraignment; No. MD 370-2016
[46 Pa.B. 7813]
[Saturday, December 17, 2016]
Order And Now, this 29th day of November, 2016, pursuant to Pennsylvania Rule of Judicial Administration 103(d), it is hereby ordered that Fayette County Criminal Rule 303, Arraignment, is renumbered Criminal Rule 571, and is amended as follows.
The Clerk of Courts is directed as follows:
(1) Two copies and CD-ROM of the Local Rule shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
(2) One copy of the Local Rule shall be filed with the Administrative Office of Pennsylvania Courts.
(3) One copy of the Local Rule shall be sent to the Fayette County Law Library and the Editor of the Fayette Legal Journal.
The Administrative Office of Fayette County Courts is directed as follows:
(1) Publish a copy of the Local Rule on the website of the Administrative Office of Fayette County Courts.
(2) Thereafter, compile the Local Rule within the complete set of local rules no later than 30 days following the publication in the Pennsylvania Bulletin.
The renumbering and amendment of the previously listed Local Rule shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.
By the Court
JOHN F. WAGNER, Jr.,
President JudgeRule 571. Arraignment.
(A) Arraignment shall be held on the third Thursday of each month before an assigned Judge.
(B) At the arraignment, the defendant shall be advised of:
(1) The right to be represented by counsel;
(2) The nature of the charges contained in the information; and
(3) The right to file motions, including a Request for a Bill of Particulars, a Motion for Pretrial Discovery and Inspection, a motion requesting Transfer from Criminal Proceedings to Juvenile Proceedings and an Omnibus Pretrial Motion, and the time limits within which the motions must be filed.
(4) If the defendant fails to appear without cause at any proceeding for which the defendant's presence is required, including trial, that the defendant's absence may be deemed a waiver of the right to be present, and the proceeding may be conducted in the defendant's absence.
If the defendant or counsel has not received a copy of the Information(s) pursuant to Pa.R.Crim. 562, a copy thereof shall be provided.
(C) A defendant may waive appearance at arraignment if the following requirements are met:
(1) The defendant is represented by counsel of record and counsel concurs in the waiver; and
(2) The defendant and counsel sign and file with the Clerk of Courts a waiver of appearance at arraignment, which acknowledges that the defendant:
(a) Understands the nature of the charges;
(b) Understands the rights and requirements set forth in Pa.R.Crim.P. 571(C) and
(c) Waives his or her right to appear for arraignment.
(D) The waiver of appearance at arraignment shall be in substantially the following form:
YOU MUST BE REPRESENTED BY COUNSEL TO WAIVE THE APPEARANCE AT ARRAIGNMENT
(Pa. Rule of Criminal Procedure 571(D))
IN THE COURT OF COMMON PLEAS OF FAYETTE COUNTY, PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA, No. ______ of 20____ v. OTN: _________________ _________________ , Arraignment Date: ______ Defendant.
ENTRY OF APPEARANCE
Enter my appearance for the above-named Defendant. INTERPRETER NEEDED [ ] _________________ _________________ _________________
Attorney for Defendant [PRINTED] Date Attorney I.D. #___________________________ _________________
Address of Attorney Attorney Phone #_________________ _________________
Email Address of Attorney Attorney's SIGNATURE
WAIVER OF APPEARANCE AT ARRAIGNMENT I hereby waive my appearance at arraignment and I stand mute with respect to my plea. I have been advised by my attorney of the charges against me and that my attorney will receive copies of the Criminal Information filed in this case. I know I have the right:
1. to file a request in writing for a Bill of Particulars with the Clerk of Courts and a copy to be served on the District Attorney within seven (7) days following the above listed arraignment date (Pa. Rule of Criminal Procedure 572);
2. to file a motion with the Court in writing, requesting pretrial Discovery and Inspection and a copy to be served on the District Attorney within fourteen (14) days after the above listed arraignment date (Pa. Rule of Criminal Procedure 573);
3. to file an Omnibus motion with the Court in writing requesting all other kinds of pretrial relief and a copy to be served on the District Attorney within thirty (30) days after the above listed arraignment date (Pa. Rules of Criminal Procedure 578 & 579).
THE TIME LIMITS SET FORTH TO EXERCISE THESE RIGHTS WILL BE STRICTLY ENFORCED!
4. If I fail to appear without cause at any proceeding for which my presence is required, including trial, my absence may be deemed a waiver of the right to be present, and the proceeding may be conducted in my absence. (Pa. Rule of Criminal Procedure 571).
I am hereby notified that, as a condition of bail, I am required to notify in writing the Clerk of Courts' office, the District Attorney's office, and my bondsman of any change of address and/or telephone number within forty-eight (48) hours afer any change by mail or delivering in person said notice to each of the above (Pa. Rule of Criminal Procedure 117).
IF I FAIL TO APPEAR FOR ANY SCHEDULED COURT DATE, THE HEARING OR TRIAL WILL CONTINUE IN MY ABSENCE AND A BENCH WARRANT WILL BE ISSUED FOR MY ARREST, WITH AN ADDED CONTEMPT PENALTY OF UP TO SIX MONTHS INCARCERATION.
_________________ _________________ _________________
Signature of Defendant Date Signature of Attorney
[Pa.B. Doc. No. 16-2188. Filed for public inspection December 16, 2016, 9:00 a.m.]
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