THE COURTS

Title 255--LOCAL
COURT RULES

ARMSTRONG COUNTY

Adoption of New Local Rules of Court--2002; CP-03-AD-0000001-2008; No. 2002-0189-Misc.

[38 Pa.B. 481]
[Saturday, January 26, 2008]

Order

   And Now, this 7th day of January, 2008, it is hereby Ordered as follows:

   1)  A new Local Rule of Criminal Procedure numbered 106 is hereby promulgated to read as follows.

Rule 106.  Continuances in Court Cases.

   (a)  A motion seeking the continuance of any proceeding shall be substantially in the form prescribed by Appendix Y of these Rules.

   (b)  When appropriate, a motion seeking a continuance shall have attached thereto a waiver of Pa.R.CrimP. 600 signed by the defendant.

   (c)  A proposed order substantially in the form prescribed by Appendix Z of these Rules shall be attached to the motion seeking the continuance.

   2)  A new Local Rule of Criminal Procedure numbered 114 is hereby promulgated to read as follows:

Rule 114.  Orders and Court Notices. Service.

   (a)  Except as stated in subsection (b), below, the Clerk of Courts shall serve copies of all orders and court notices.

   (b)  The Court Administrator shall serve copies of all notices for criminal case status conferences, omnibus pretrial motion hearings, ARD court, plea court, trials and sentencings.

   3)  A new Local Rule of Criminal Procedure numbered 310 is hereby promulgated to read as follows:

Rule 310.  Placing Case on ARD Court List.

   Upon written request delivered directly to the Court Administrator and signed by the District Attorney, the Court Administrator shall place a case on the ARD Court List.

   4)   Local Rule of Criminal Procedure 313 is hereby repealed.

   5)  A new Local Rule of Criminal Procedure numbered 578 is hereby promulgated to read as follows:

Rule 578.  Omnibus Pretrial Motions for Relief. Cover Sheet.

   Every omnibus pretrial motion for relief requiring an evidentiary hearing or argument shall have attached thereto a cover sheet as a front page. The cover sheet shall be substantially in the following form:

[CAPTION]

COVER SHEET
FOR OMNIBUS PRETRIAL MOTION REQUIRING
EVIDENTIARY HEARING

-1-

   Has any judge heard this matter previously?

____ Yes               ____ No

-2-

   If yes, which judge has heard it? ______

-3-

   How many witnesses do you believe will testify
(combined total)? ______

-4-

   How much time will be reasonably necessary to conduct the hearing?

____ minutes         ____ hours         ____ days

   I hereby certify all of the above statements are true and correct to the best of my knowledge.

_________________
Attorney for                     

   6) A new Local Rule of Criminal Procedure numbered 590 is hereby promulgated to read as follows:

Rule 590.  Pleas and Plea Agreements.

   (a)  Upon written request delivered directly to the Court Administrator and signed by both the District Attorney and defense counsel (or by a defendant if there is no defense counsel), the Court Administrator shall place a case on the Plea Court List.

   (b)  No written request directing that a case be placed on a Plea Court List shall be signed by the District Attorney or defense counsel (or by a defendant, if there is no defense counsel) unless the applicable plea agreement, if any, has first been signed by the District Attorney, the defendant, and defense counsel, if any.

By the Court,

KENNETH G. VALASEK,   
President Judge

APPENDIX Y

[CAPTION]

MOTION FOR CONTINUANCE

   NOW COMES ______ , by and through (his)
                        (Name of Movant)
(her) (its) attorney, ______ , who applies for a
                           (Name of Attorney)
continuance based on the following:

   1.  The above-captioned matter is scheduled for
 
__________

(Name of proceeding, i.e., argument, hearing, trial, etc.)

on ______ , the ____ day of ______ , 2____ , at ____ .M., before _________________ .
         (Name of Judge)

   2.  The other party is represented by

___________________________.

3.  The proceeding was scheduled by

___________________________. (Order or Notice)
dated ______ .
            (Date)

4.  The proceeding (has) (has not) been previously continued ( ____ time(s)). (The party filing this application has obtained a continuance ____ time(s)).

5.  A continuance is requested because

___________________________

___________________________

___________________________

___________________________

   (State specific reason for request. If continuance is requested because of a conflicting court matter, state (1) name of the case; (2) the court; (3) the nature of the scheduled proceeding; (4) the date, time and expected duration of the conflicting proceeding; and (5) the date of the order or notice scheduling the conflicting proceeding. Attach a copy of the order or notice.)

   6.  Check all that apply:

   [  ]   (a)  The (Commonwealth) (Defendant) has been no-                      _________________
tified of the presentation of this motion, as follows:

___________________________

___________________________.

[  ]   (b)  The (Commonwealth) (Defendant) has not been                      _________________
notified of the presentation of this Motion. The reasons therefor are the following:

___________________________

___________________________

___________________________

[  ]   (c)  The (Commonwealth) (Defendant) has informed                      _________________
me that (he)(she)(it) has no objection to a continuance.

___________________________.

   7.  The proceeding, when heard, will not exceed
______ .
   No. of hours/days

   8.  I specifically request a continuance to the next available date.

Respectfully submitted,
 
______

APPENDIX Z

[CAPTION]

ORDER

   AND NOW, this ____ day of ______ , 2 ____ , upon consideration of the foregoing Motion for Continuance:

      ____ the Motion is denied.

      ____ the Motion is granted and the matter is

scheduled for ______, 2 ____ at ____ .m. before
                           (Date)                       (Time)
______ is hereby continued until ______ ,
      (Name of Judge)
2 ____  at ____ .M. before ___________ ,
                                 (Name of Judge)
2 ____ at ____ .M.

   The applicant shall promptly notify all interested parties of this Order.

   Thereafter, the Clerk of Courts shall serve notice of the entry of this Order upon all parties.
 
BY THE COURT,
 
_________________ J.

[Pa.B. Doc. No. 08-128. Filed for public inspection January 25, 2008, 9:00 a.m.]

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