234 Pa. Code Rule 1005. Pretrial Application for Relief.

Rule 1005. Pretrial Application for Relief.

(A)  All pretrial applications for relief including those for suppression of evidence may be made orally or in writing. If in writing, a copy of the application shall be submitted prior to trial to the attorney for the Commonwealth.
(B)  Pretrial applications shall be heard on the day set for trial immediately prior to the trial. If the decision is adverse to the Commonwealth, the Court shall grant the Commonwealth a continuance upon motion of the attorney for the Commonwealth to give the attorney for the Commonwealth the opportunity to take an appeal.
(C)  The Commonwealth’s appeal shall be taken not later than 30 days from the date of the decision on the pretrial application.
(D)  After an appeal pursuant to this rule is filed, and the Commonwealth has certified in the notice of appeal that the order will terminate or substantially handicap the prosecution, the Municipal Court shall take no further action in the case, unless otherwise provided in these rules.

   Official Note
   Rule 6005 adopted December 30, 1968, effective January 1, 1969; amended July 1, 1980, effective August 1, 1980; renumbered Rule 1005 and amended March 1, 2000, effective April 1, 2001; amended November 9, 2017, effective January 1, 2018.
   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 November 9, 2017 amendment regarding the effect that taking an appeal has on the ability of the Municipal Court to take further action in a case published with the Court’s Order at 47 Pa.B. 7182 (November 25, 2017).

Source

   The provisions of this Rule 1005 amended November 9, 2017, effective January 1, 2018, 47 Pa.B. 7181. Immediately preceding text appears at serial page (366978).

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