Pennsylvania Bulletin

PA Bulletin, Doc. No. 05-2368

THE COURTS

WESTMORELAND COUNTY

Adoption of Rule WC 570; No. 2 of 2005

[35 Pa.B. 6898]

Order

   And Now this 8th day of December, 2005 It Is Hereby Ordered that Westmoreland County Rule of Criminal Procedure WC 570 is adopted effective March 1, 2006.

By the Court

DANIEL J. ACKERMAN,
President Judge

Rule WC 570 Pretrial Conference

   (a)  The court administrator will schedule one Pretrial Conference for each case prior to that case being scheduled for trial. The court administrator will serve Notices and copies of the Pretrial Conference Order pursuant to Pa.R.Crim.P. 114(B) on the defendant, defendant's attorney, and the assigned attorney for the commonwealth.

   (b)  The parties will complete the following at least five (5) working days prior to the scheduled Pretrial Conference:

   (1)  Filing and service of any Motion for Relief pursuant to Pa.R.Crim.P. 572(C) regarding a request for a Bill of Particulars.

   (2)  Completing Pretrial Discovery pursuant to Pa.R.Crim.P. 573 including the filing and service of any Motion for Pretrial Discovery.

   (3)  Filing and service of Notices of Alibi Defense or of Insanity or Mental Infirmity Defense and Disclosure of Reciprocal Witnesses as required by Pa.R.Crim.P. 573(C).

   (4)  Filing and service of any Omnibus Pretrial Motion pursuant to Pa.R.Crim.P. 578.

   (5)  Tendering by the commonwealth of any plea offer.

   (6)  Filing and service of any Motion for Continuing the Pretrial Conference.

   (c)  The following will occur at the Pretrial Conference:

   (1)  The parties will declare whether the commonwealth's plea offer has been accepted, whether the parties agree to the defendant entering the ARD or other pre-adjudication program, or whether the case will proceed to trial.

   (2)  The court will take pleas of ''guilty'', enter the defendant into the ARD or other pre-adjudication program, and decide whether to order nolle pros of any or all charges.

   (3)  The court will decide or Order argument on outstanding motions.

   (4)  The court will Order the court administrator to place the case on the trial list.

   (d)  The court may order sanctions for failure to comply with this Rule.

IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY PENNSYLVANIA CRIMINAL DIVISION

PRETRIAL CONFERENCE ORDER

   It is HEREBY ORDERED that the Defendant, Defendant's Counsel, and the Attorney for the Commonwealth assigned to the case referenced in the enclosed Notice, report for a Pretrial Conference as instructed in the enclosed Notice, and that all parties will be prepared for the Pretrial Conference as required by Westmoreland County Rule of Criminal Procedure WC570.

   Rule WC570 requires the following at least five (5) working days prior to the scheduled Pretrial Conference:

   1.  Filing and service of any Motion for Relief pursuant to Pa.R.Crim.P. 572(C) regarding a request for a Bill of Particulars.

   2.  Completing Pretrial Discovery pursuant to Pa.R.Crim.P. 573 including the filing and service of any Motion for Pretrial Discovery.

   3.  Filing and service of Notices of Alibi Defense or of Insanity or Mental Infirmity Defense and Disclosure of Reciprocal Witnesses as required by Pa.R.Crim.P. 573(C).

   4.  Filing and service of any Omnibus Pretrial Motion pursuant to Pa.R.Crim.P. 578.

   5.  Tendering by the commonwealth of any plea offer.

   6.  Filing and service of any Motion for Continuing the Pretrial Conference.

   Pursuant to Rule WC570, the following will occur at the Pretrial Conference:

   1.  The parties will declare whether the commonwealth's plea offer has been accepted, whether the parties agree to the defendant entering the ARD or other pre-adjudication program, or whether the case will proceed to trial.

   2.  The court will take pleas of ''guilty'', enter the defendant into the ARD or other pre-adjudication program, and decide whether to order nolle pros of any or all charges.

   3.  The court will decide or Order argument on outstanding motions.

   4.  The court will Order the court administrator to place the case on the trial list.

   The court may impose sanctions for failure to comply with this Order.

BY THE COURT:

______ J.
John E. Blahovec ______ J.
Richard E. McCormick, Jr.

______ J.
Debra A. Pezze ______ J.
Rita D. Hathaway

[Pa.B. Doc. No. 05-2368. Filed for public inspection December 23, 2005, 9:00 a.m.]

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______ J. John E. Blahovec	______ J. Richard E. McCormick, Jr.
______ J. Debra A. Pezze	______ J. Rita D. Hathaway