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PA Bulletin, Doc. No. 15-4

THE COURTS

SCHUYLKILL COUNTY

Amend Criminal Rule of Procedure 571 Arraignment; AD 72-2014

[45 Pa.B. 10]
[Saturday, January 3, 2015]

Order of Court

 And Now, this 15th day of December, 2014 at 1:20 p.m., Schuylkill County Criminal Rule of Procedure, Rule 571, Arraignment, is amended for use in the Court of Common Pleas of Schuylkill County, Pennsylvania, Twenty-First Judicial District, Commonwealth of Pennsylvania, effective thirty days after publication in the Pennsylvania Bulletin.

 The Clerk of Courts of Schuylkill County is Ordered and Directed to do the following:

 1) File seven (7) certified copies of this Order and Rules with the Administrative Office of the Pennsylvania Courts.

 2) Forward two (2) certified copies of this Order and Rule and a CD-ROM containing the text of the local rules to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3) Forward one (1) certified copy of this Order and Rules with the Pennsylvania Criminal Procedural Rules Committee.

 4) Forward one (1) copy to the Schuylkill County Law Library for publication in the Schuylkill Legal Record.

 5) Copies shall be kept continuously available for public inspection in the Office of the Schuylkill County Clerk of Courts and the Schuylkill County Law Library.

 It is further Ordered that said rule as it existed prior to the amendment is hereby repealed and annulled on the effective date of said rule as amended, but no right acquired thereunder shall be disturbed.

By the Court

WILLIAM E. BALDWIN, 
President Judge

Rule 571. Arraignment.

 If a defendant who is represented by counsel of record desires to waive appearance at arraignment, he and his attorney shall execute the form provided for that purpose by the Magisterial District Judge, and said form shall be returned to Court with the transcript of the case by the Magisterial District Judge. The date of arraignment will begin the running of the time for the exercise of defendant's pre-trial rights. Presentation by counsel of a waiver of arraignment to the Magisterial District Judge shall constitute an entry of appearance pursuant to Pa.R.Crim.P. 120(A)(3).

 If the defendant does not waive his arraignment, the District Attorney, upon filing the information, shall give the defendant notice of arraignment by first class mail, addressed to defendant's last known address of record. The notice shall state the date, time and courtroom where arraignment shall be conducted. When the defendant has waived the right to appear for arraignment, the District Attorney shall send notice of the date of arraignment to the defendant and counsel, which date will begin the running of time for filing pretrial motions.

 At the time the District Attorney mails the arraignment notices, he/she shall give the Public Defender a list of those defendants who are scheduled for arraignment. The Public Defender shall assign an Assistant Public Defender to meet with the District Attorney on the day of arraignment and to represent those defendants who are not represented by counsel. Such representation shall be solely for the purpose of arraignment and shall not constitute an entry of appearance.

 If a defendant fails to appear for arraignment, the Court, upon motion of the District Attorney, may issue a bench warrant for the defendant.

[Pa.B. Doc. No. 15-4. Filed for public inspection January 2, 2015, 9:00 a.m.]


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