234 Pa. Code Rule 1000. Scope of Rules.

Rule 1000. Scope of Rules.

(A)  The rules in this chapter govern all proceedings in the Philadelphia Municipal Court, including summary cases; Municipal Court cases, as defined in Rule 1001(A); the filing of appeals from Municipal Court cases; the filing of petitions for writs of certiorari; and the preliminary proceedings in criminal cases charging felonies, Part A, and govern proceedings in summary traffic cases in Municipal Court Traffic Division, Part B.
(B)  Any procedure that is governed by a statewide Rule of Criminal Procedure that is not specifically covered in Chapter 10 or by a Philadelphia local rule authorized by these rules and adopted pursuant to Rule 105 shall be governed by the relevant statewide rule.

Comment

   The 2004 amendments make it clear that, except as otherwise provided in the rules, Chapter 10 governs all proceedings in the Philadelphia Municipal Court, including the procedures for instituting criminal cases charging felonies, preliminary arraignments, and preliminary hearings. See 42 Pa.C.S. §  1123 (Jurisdiction and Venue).

   Official Note
   Rule 6000 adopted December 30, 1968, effective January 1, 1969; amended March 28, 1973, effective March 28, 1973; amended July 1, 1980, effective August 1, 1980; renumbered Rule 1000 and amended March 1, 2000, effective April 1, 2001; amended August 24, 2004, effective August 1, 2005; amended June 30, 2005, effective August 1, 2006; amended September 9, 2005, effective February 1, 2006; amended May 7, 2014, effective immediately.
   Committee Explanatory Reports:
   Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).
   Final Report explaining the August 24, 2004 amendments clarifying the scope of Chapter 10 published with the Court’s Order at 34 Pa.B. 5025 (September 11, 2004).
   Final Report explaining the June 30, 2005 amendments to paragraph (B) concerning local rules published with the Court’s Order at 35 Pa.B. 3911 (July 16, 2005).
   Final Report explaining the September 9, 2005 amendments adding new rules governing Philadelphia Traffic Court published with the Court’s Order at 35 Pa.B. 5242 (September 24, 2005).
   Final Report explaining the May 7, 2014 amendments concerning the abolition of the Philadelphia Traffic Court transfer of functions to the Philadelphia Municipal Court published with the Court’s Order at 44 Pa.b. 3065 (May 24, 2014).

Source

   The provisions of this Rule 1000 amended August 24, 2004, effective August 1, 2005, 34 Pa.B. 5016; amended June 30, 2005, effective August 1, 2006, 35 Pa.B. 3901; amended September 9, 2005, effective February 1, 2006, 35 Pa.B. 5239; amended May 7, 2014, effective immediately, 44 Pa.B. 3056. Immediately preceeding text appears at serial pages (358899) to (358900).

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