Pennsylvania Bulletin

PA Bulletin, Doc. No. 97-1022

THE COURTS

FAYETTE COUNTY

Local Rule 303: Arraignment; Criminal Division No. 70 Misc. of 1997

[27 Pa.B. 3044]

Order

   And Now, this 9th day of June, 1997, pursuant to Rule 6 of the Rules of Criminal Procedure, it is hereby ordered that the above-stated Local Rule be adopted as follows:

   The Clerk of Courts is directed as follows:

   (1)  Seven certified copies of the Local Rule shall be filed with the Administrative Office of the Pennsylvania Courts.

   (2)  Two certified copies of the Local Rule shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   (3)  One certified copy of the Local Rule shall be sent to the State Criminal Procedural Committee.

   (4)  One certified copy shall be sent to the Fayette County Law Library.

   (5)  One certified copy shall be sent to the Editor of the Fayette Legal Journal.

   This Local Rule shall be continuously available for public inspection and copying in the Office of the Clerk of Courts. Upon request and payment of reasonable costs of reproduction and mailing, the Clerk shall furnish to any person a copy of any local rule.

   This Local Rule shall be effective 30 days after the date of publication in the Pennsylvania Bulletin.

By the Court

WILLIAM J. FRANKS,
President Judge

Rule 303.  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, and an Omnibus Pretrial Motion, and time limits within which the motions must be filed.

   If the defendant or counsel has not received a copy of the information(s) pursuant to Rule 227, a copy of thereof shall be provided.

   (c)  A defendant may waive appearance at arraignment if:

   (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:

   (i)  understands the nature of the charges;

   (ii)  understands the rights and requirements set forth in Pa. R. Crim. P. 303(b); and

   (iii)  waives his or her right to appear for arraignment.

   (d)  The waiver of arraignment and entry of plea shall be in substantially the following form:

IN THE COURT OF COMMON PLEAS OF FAYETTE COUNTY, PENNSYLVANIA

CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA :

:

:

VS. :

:

_________________ :

NAME :

:

_________________ :

ADDRESS :

:

_________________ :

CITY, STATE, ZIP :       NO.

WAIVER OF ARRAIGNMENT AND ENTRY OF PLEA

   I, _________________ , Defendant, in the above case, being advised of the offense charged in the Information, of my rights to an Arraignment, and of my right to file certain pretrial motions (including a Request for a Bill of Particulars) within seven (7) days of this Waiver, a Request for Pretrial Discovery and/or Inspection withinfourteen (14) days of this Waiver, and an Omnibus Pretrial Motions within thirty (30) days of this Waiver, do hereby waive Court Arraignment, enter a plea of _________________ , and request a _________________ trial.

__________Defendant
__________Attorney for Defendant (print)

DATE: _________________

WITNESS: _________________

ENTRY OF APPEARANCE

   TO THE CLERK OF COURTS: Enter my Appearance as Attorney for the above-named defendant and please forward a copy of the Information(s) filed against the defendant in accordance with PA.R.Crim.P. 218 in the above case.

__________ATTORNEY FOR DEFENDANT (signature)

[Pa.B. Doc. No. 97-1022. Filed for public inspection June 27, 1997, 9:00 a.m.]

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COMMONWEALTH OF PENNSYLVANIA	:
	:
	:
VS.	:
	:
_________________	:
NAME	:
	:
_________________	:
ADDRESS	:
	:
_________________	:
CITY, STATE, ZIP	:	NO.