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PA Bulletin, Doc. No. 99-1912

THE COURTS

FRANKLIN AND FULTON COUNTIES

Amendment of Local Criminal Action Rule 39-300; Miscellaneous Doc. Volume 2, Page 138

[29 Pa.B. 5831]

Order of Court

   Now, August 24, 1999, Criminal Action Rule No. 39-300 for the Court of Common Pleas of the 39th Judicial District of Pennsylvania is hereby amended, to be effective thirty (30) days after publication in the Pennsylvania Bulletin, to read as follows:

Rule 39-300.  Business of the Court.

   (1)  With respect to the Franklin County Branch, criminal cases shall be listed for trial as follows:

   (A)  On the Monday of the week preceding each criminal trial term, each defendant who is free on bond and whose case is listed for that term of court, shall appear, with their attorney, for a preliminary call of the court list at which time the court will entertain motions, pleas, and any other appropriate matters. Defendants whose cases are not disposed of on that date will be required to appear for jury selection on the first day of the trial term.

   (B)  On the Tuesday of the week preceding each criminal trial term, all incarcerated defendants shall be transported to and appear in court for purposes of conducting the preliminary call of the trial list as outlined in paragraph (A).

   (C)  All defendants, at the time of mandatory arraignment or waiver thereof, will be notified in writing of their obligation to appear as set forth in paragraphs (A) and (B). Failure to appear shall result in the issuance of a bench warrant for the arrest and detention of the defendant.

   (D)  In the event either of the court appearances required in Paragraphs (A) or (B) falls on a recognized holiday, the Court Administrator shall designate the date on which the defendant shall appear. The defendant shall be notified of said date as set forth in Paragraph (C).

   (2)  With respect to the Fulton County Branch, criminal cases shall be listed for trial as follows:

   (A)  On the Tuesday of the week preceding each criminal trial term, each defendant whose case is listed for that term of court, shall appear, with their attorney, for a preliminary call of the court list at which time the court will entertain motions, pleas, and any other appropriate matters. Defendants whose cases are not disposed of on that date will be required to appear for jury selection on the first day of the trial term.

   (B)  All defendants, at the time of mandatory arraignment or waiver thereof, will be notified in writing of their obligation to appear as set forth in paragraph (2) (A). Failure to appear shall result in the issuance of a bench warrant for the arrest and detention of the defendant.

   (C)  In the event the court appearance required in Paragraph (2)(A) falls on a recognized holiday or date when their is no miscellaneous court scheduled in the Fulton County Branch, the defendant shall be required to appear for the preliminary call on the Tuesday of the second week before the criminal trial term and the defendant shall be notified of said date as set forth in paragraph (2)(B).

   Further ordered that the Court Administrator shall immediately take action to have seven certified copies of this amendment filed with the Administrative Office of Pennsylvania Courts, one certified copy filed with the Commonwealth Criminal Procedural Rules Committee, and two certified copies distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin and otherwise to comply with the requirements of Pa.R.Crim.P. No. 6(c).

By the Court

JOHN R. WALKER,   
President Judge

[Pa.B. Doc. No. 99-1912. Filed for public inspection November 12, 1999, 9:00 a.m.]


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