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PA Bulletin, Doc. No. 23-887

THE COURTS

Title 255—LOCAL COURT RULES

WESTMORELAND COUNTY

Rescinding Rule WC571 and Adopting New Rule WC571; No. 3 of 2023

[53 Pa.B. 3575]
[Saturday, July 8, 2023]

Order

 And Now, this 21st day of June, 2023, It Is Hereby Ordered that Westmoreland County Rule of Criminal Procedure WC571 is rescinded and new Rule WC571 is adopted. This change is effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

CHRISTOPHER A. FELICIANI, 
President Judge

Rule WC571. Arraignment.

 (a) Notice of Arraignment date shall be provided at the preliminary hearing in person to the defendant, defense counsel, and the district attorney's office by the magisterial district judge when the case is bound over to the Court of Common Pleas. In the event that any of the aforementioned do not appear at the preliminary hearing, notice may be sent via first-class mail.

 (b) Within three days (excluding the day of receipt) of receiving the official papers from the magisterial district judge, the clerk of courts shall send a copy of the official papers, including the notice of court arraignment, to the district attorney.

 (c) The clerk of courts shall provide information concerning new cases to the criminal court administrator and to the district attorney as the cases are received. The form of the information forwarded shall be as required and agreed to between the appropriate offices.

 (d) Arraignments shall be held in the courtroom of the judge assigned by the criminal court administrator. The district attorney and public defender shall assure that attorneys attend each scheduled arraignment.

 (e) At arraignment the district attorney shall provide the defendant with a copy of the information and, where possible, discovery material mandated under Pa.R.Crim.P. 573(B)(1).

 (f) A defendant may waive arraignment if he is represented by counsel by filing a Waiver of Arraignment Form with the Clerk of Courts and providing a copy of the Waiver to the Criminal Court Administrator's Office. An attorney who files a Waiver of Arraignment on behalf of a defendant enters an appearance by doing so.

 Adopted December 16, 1993, effective April 1, 1994; Section (a) revised February 22, 1994, effective April 18, 1994; Sections (d) and (f) revised June 30, 1995, effective August 21, 1995. Revised and renumbered from WC303 May 10, 2001, effective July 2, 2001.

[Pa.B. Doc. No. 23-887. Filed for public inspection July 7, 2023, 9:00 a.m.]


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