Amended Criminal Rules of Procedure; Misc. 229-2003
[33 Pa.B. 2376]
Order of Court
And Now, this 5th day of May, 2003, at 9:00 a.m., Schuylkill County Criminal Rules of Procedure, Rule 106(a) and Rule 579 are 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 Pennsylvania Courts.
2) File two (2) certified copies of this Order and Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin together with a diskette reflecting the text in the hard copy version.
3) File one (1) certified copy of this Order and Rules with the Pennsylvania Criminal Procedural Rules.
4) Forward one (1) copy to the Law Library of Schuylkill County for publication in the Schuylkill Legal Record.
5) Keep continuously available for public inspection copies of this Order and Rule.
It is further Ordered that said rule as it existed prior to the amendment is hereby repealed and annulled on the effective date of said rule as amended, but no right acquired thereunder shall be disturbed.
WILLIAM E. BALDWIN,
Rule 106. Continuances.
(a) Motion by Defendant
Motions for Continuance by the Defendant shall be in writing, upon forms approved by the Court, executed by the defendant and his attorney. At least twenty-four (24) hours advance notice of the presentation of said motions shall be given to the District Attorney. The motion shall be filed with the Clerk of Courts and contemporaneously a copy shall be served on the District Attorney by the defendant. The Clerk of Courts shall forward all motions for continuance to the Court Administrator, who shall list the motion for hearing on the date when continuance requests shall be heard in accordance with the published Court Calendar.
Upon a defendant's first application for continuance, the presence of the defendant and his or her counsel shall not be required at the hearing on said motion unless the District Attorney has notified the defendant that the continuance motion is opposed. When a motion seeks a second or subsequent continuance, the defendant will be obliged to appear in Court, with counsel, to waive the time requirements under Rule 600.
Rule 579. Time for Omnibus Pre-Trial Motions.
All omnibus pre-trial motions shall be filed within thirty (30) days after arraignment in accordance with Pa.R.Crim.P. No. 579. The defendant shall file the original with the Clerk of Courts and contemporaneously serve a copy on the District Attorney. The Clerk of Courts shall forward all motions to the Court Administrator for assignment to a judge.
[Pa.B. Doc. No. 03-920. Filed for public inspection May 16, 2003, 9:00 a.m.]
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