Rule 1006. Notice of Right to Appeal or to Petition for Certiorari; Guilty Plea Challenge Procedure.
(A) Immediately after the imposition of sentence, the judge shall inform the defendant:
(1) in the case of a trial and verdict of guilty:
(a) of the right to file a petition for a writ of certiorari within 30 days without costs or to appeal for trial de novo within 30 days without costs;
(b) of the right to jury trial on appeal; and
(c) that the charge on which the defendant was found guilty in the Municipal Court will be considered by the district attorney as the basis for the preparation of an information after the filing of the notice of appeal;
(2) in the case of a plea of guilty:
(a) of the right to file a motion challenging the validity of the plea or the denial of a motion to withdraw the plea;
(b) of the 10-day time limit within which such motion must be filed;
(c) of the right to be represented by counsel in preparing and litigating the motion and to have counsel appointed in the event the defendant is unable to afford counsel;
(d) of the right to appeal from the final order disposing of the motion within 30 days after such order;
(e) that only the claims raised in the motion may be raised on appeal; and
(3) in any case, of the right to counsel to represent the defendant on appeal and of the right to have counsel appointed to represent the defendant on appeal in the event the defendant is unable to afford counsel.
(B) After a petition for writ of certiorari or notice of appeal for trial de novo is filed, the Municipal Court shall take no further action in the case, unless otherwise provided in these rules.
Comment For the right to file a petition for a writ of certiorari to the court of common pleas, see Article V, Section 26 of the Pennsylvania Constitution, and the Judicial Code, 42 Pa.C.S. § 934. See also Commonwealth v. Speights, 509 A.2d 1263 (Pa. Super. 1986) (petition challenging sufficiency of the evidence), and Commonwealth v. Frazier, 471 A.2d 866 (Pa. Super. 1984) (petition alleging that judge erred in denying motion to suppress). Certiorari is available in non-summary cases only. Compare Rule 460.
Official Note
Rule 6006 adopted December 30, 1968, effective January 1, 1969; amended July 1, 1980, effective August 1, 1980; amended February 21, 1996, effective July 1, 1996; renumbered Rule 1006 and amended March 1, 2000, effective April 1, 2001; amended November 9, 2017, effective January 1, 2018.
Committee Explanatory Reports:
Final Report explaining the February 21, 1996 amendments published with the Court’s Order at 26 Pa.B. 991 (March 9, 1996).
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 1006 amended November 9, 2017, effective January 1, 2018, 47 Pa.B. 7181. Immediately preceding text appears at serial pages (366978) and (385527).
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