210 Pa. Code Rule 1613. Review of Order Affecting the Duration of an Indicting Grand Jury.

Rule 1613. Review of Order Affecting the Duration of an Indicting Grand Jury.

(a)  General rule.—Within 10 days after the entry of the order sought to be reviewed, the attorney for the Commonwealth may file a petition for specialized review in the Supreme Court of Pennsylvania seeking review of the following orders affecting the duration of an indicting grand jury:
   (1)  An order failing to grant an extension of term under Pa.R.Crim.P. 556.5(B); or
   (2)  An order of discharge under Pa.R.Crim.P. 556.5(C).
A party shall file the certificate of compliance required by Pa.R.A.P. 127 with the petition for specialized review. Pa.R.A.P. 3309 (applications for extraordinary relief) shall not be applicable to an order reviewable under this rule.
(b)  Opinion and record.—The Supreme Court on its own initiative may direct that the trial court comply with Pa.R.A.P. 1925 (opinion in support of order) or that the trial court supplement the record.
(c)  The Supreme Court may dispose of the petition as filed or may set it down for argument.
(d)  Remand of record.—Unless otherwise ordered, a certified copy of the judgment of the Supreme Court and the opinion of the court, if one has been filed, shall be transmitted to the trial court forthwith upon entry, notwithstanding the pendency of any application for reargument or other proceeding affecting the judgment. This transmission shall be in lieu of the remand of the record.

   Official Note
   This rule is intended to provide a simple and expeditious method for Supreme Court supervision of orders failing to extend or discharging indicting grand juries under Pennsylvania Rule of Criminal Procedure 556.5.
   To determine the number of copies to be filed, see Pa.R.A.P. 124(c) and its Official Note.

Source

   The provisions of this Rule 1613 amended October 28, 2021, effective April 1, 2022, 51 Pa.B. 7050. Immediately preceding text appears at serial pages (401653) to (401654).

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