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PA Bulletin, Doc. No. 04-1119



Local Rules 114.1, 305 and 305.1; Criminal Division; Nos. 114.1 31 AD 2004, 305 32 AD 2004 and 305.1 33 AD 2004

[34 Pa.B. 3248]


   And Now, this 8th day of June, 2004, pursuant to Rule 105 the Pennsylvania Rules of Criminal Procedure, it is hereby ordered that the new Local Rules 114.1, 305, and 305.1 are hereby promulgated to read as follows:

   The Clerk of Courts is directed as follows:

   (1)  Seven certified copies of the Local Rules shall be filed with the Administrative Office of Pennsylvania Courts.

   (2)  Two certified copies and diskette of the Local Rules shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   (3)  One certified copy of the Local Rules shall be sent to the State Criminal Procedural Rules Committee.

   (4)  One certified copy shall be sent to the Fayette County Law Library and to the Editor of the Fayette Legal Journal.

   (5)  These revisions of the criminal rules shall also be published on the web site of the Administrative Office of Pennsylvania Courts (

   These Local Rules shall be effective 30 days after the date of publication in the Pennsylvania Bulletin.

By the Court

President Judge

FCRCrim.P 114.1

   The Court, by and through the President Judge, hereby designates the Court Administrator of Fayette County as the entity responsible for service of all Court notices on each party's attorney, or the party if unrepresented.

FCRCrim.P 305. Presentation of Applications for Court Action

   (a)  All applications for Court action, including motions and any other requests for Court-ordered relief, shall be presented to the Court by following the Motions Court procedure set forth in FCRCrim.P 305.1.

   (b)  As used herein, the term ''motion'' shall include every type of motion, petition, or other application for action by the Court, and shall be designated as either ''Priority'' or ''Routine,'' the latter not requiring either the parties or counsel to appear. By definition, a ''priority'' motion is one which may be subject to contest or is so unusual as to require discussion or explanation, while ''routine'' motions include all other applications, such as uncontested matters to which the parties have consented in writing, requests for hearing, or requests for later argument.

   (c)  All motions and other applications for Court action presented as uncontested require certification as such, if no joinder has been attached.

   (d)  Any motion relating to discovery must contain a certification that counsel has conferred or attempted to confer with the District Attorney in order to resolve the matter without court action.

FCRCrim.P 305.1. Motions Court Procedure

   (a)  In order to provide a uniform means of presenting to the Court all matters which require action by the Court, Motions Court will be held daily at 9:00 o'clock A.M. in the courtroom of the Motions Judge. The name of the assigned Motions Judge for each day shall be published periodically in the Fayette County Legal Journal.

   (b)  All motions and other applications for Court action must set forth a specific citation to relevant constitutional provisions, case law, statutory provisions or rules that provide the Court's authority to grant the relief requested. Said citation shall be placed on a Certificate of Presentation, which form appears in Paragraph (g) hereof.

   (c)  The Court Administrator shall maintain a Motions Docket and shall make daily entries of all motions filed and the disposition thereof. The moving party shall file the original motion, Certificate of Presentation, and any attachments in the appropriate office before presentment in Motions Court. An original proposed order (if any), a copy of the Certificate of Presentation and the motion, assembled in that order, shall be delivered to the Court Administrator and every other party of record. Pursuant to Pa.R.Crim.P 576 (B)(1), all motions and other documents for which filing is required shall be served on each party and the Court Administrator so as to be received at least two (2) business days before presentation in Motions Court, unless there are emergency circumstances specified in the motion requiring presentation within a shorter time.

   (d)  All motions pertaining to matters already ruled on by a Judge shall be presented to that Judge in Motions Court, except in emergencies as set forth in paragraph (c) of this Rule immediately above.

   (e)  The Court Administrator shall assign any motion not otherwise assigned to a Judge for disposition.

   (f)  Failure to accurately provide the following information as required by Paragraph (g) may result in the matter not being listed for Motions Court.

   (g)  The Certificate of Presentation required to be presented with all motions shall be substantially in the following form:


: NO. _____ OF _____


   1.  The undersigned, _____ , represents _____ , the moving party herein.

   2.  The attached motion will be presented in Motions Court on _____ , ____ , 20 ____ at 9:00 o'clock A.M.

   3.  The attached motion shall be classified as a Routine/Priority motion as defined in the preceding Rule entitled Presentation of Applications for Court Action. (If the motion is Routine, parties or counsel are not required to be present in Motions Court.)

   4.  Judge ______ has previously ruled on a matter relevant to this motion. (See attached relevant ruling.)

   5.  The SPECIFIC citation for the Court's authority to grant the relief requested is ______ .

   6.  Estimated time for hearing or argument to resolve the motion on its merits:  ______ .

Respectfully submitted,

Date: ______

[Pa.B. Doc. No. 04-1119. Filed for public inspection June 25, 2004, 9:00 a.m.]

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