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PA Bulletin, Doc. No. 13-2150

THE COURTS

Title 255—LOCAL
COURT RULES

CARBON COUNTY

Adoption of Local Rule of Criminal Procedure CARB.R.Crim.P. 570.1 Attendance in Court of Incarcerated Individuals; No. CP-13-AD-0000005-2013

[43 Pa.B. 6762]
[Saturday, November 16, 2013]

Administrative Order No. 18-2013

 And Now, this 29th day of October, 2013, in order to provide for a uniform practice for the preparation, filing and presentation to the Court of writs, it is hereby

 Ordered and Decreed, that effective November 1, 2013, the Carbon County Court of Common Pleas Adopts Local Rule of Criminal Procedure CARB.R.Crim.P. 570.1 governing the Attendance in Court of Incarcerated Individuals.

 The Carbon County District Court Administrator is Ordered and Directed to do the following:

 1. File one (1) certified copy of this Administrative Order and Rule with the Administrative Office of Pennsylvania Courts.

 2. File two (2) certified copies, one (1) computer diskette and a copy of the written notification received from the Criminal Procedural Rules Committee with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. Publish a copy of this Rule on the Unified Judicial System's website at: http://ujsportal.pacourts.us/localrules/ruleselection.aspx.

 4. Forward one (1) copy for publication in the Carbon County Law Journal.

 5. Forward one (1) copy to the Carbon County Law Library.

 6. Keep continuously available for public inspection copies of the Order in the Clerk of Courts' Office.

By the Court

ROGER N. NANOVIC, 
President Judge

Rule 570.1. Attendance in Court of Incarcerated Individuals.

 1. Attendance Requested—At any proceeding before the Court at which the attendance is requested of an individual who is incarcerated, a writ shall be prepared, filed and presented by the party requesting attendance of said individual at least five (5) working days before the scheduled event.

 2. Attendance Required—With respect to proceedings at which the defendant's attendance is required, defense counsel shall be responsible for the preparing, filing and presenting of this writ to the Court at least five (5) working days before the scheduled event. In the case of a pro se defendant, the Commonwealth shall be responsible for the preparing, filing and presenting of the writ required under this rule.

 3. Non-Compliance—Any writ filed that is not in compliance with this rule shall be entertained only if the opportunity to timely file it did not previously exist or the interest of justice so requires. In the event any such writ required by this rule is not prepared, filed and presented, the Court reserves the right, in its discretion, to impose the appropriate sanctions. In no event, where the defendant's attendance is required, shall a proceeding occur without the defendant being present. In that case defense counsel shall file a continuance, and if pro se, the Commonwealth shall file the continuance.

[Pa.B. Doc. No. 13-2150. Filed for public inspection November 15, 2013, 9:00 a.m.]


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