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PA Bulletin, Doc. No. 04-972

THE COURTS

Title 252--ALLEGHENY COUNTY RULES

ALLEGHENY COUNTY

Rules of the Court of Common Pleas; No. 2 of 2004 Rules Doc.

[34 Pa.B. 2912]

Amended Order of Court

   And Now, to-wit this 13th day of May, 2004, it appearing to the court that the Order of May 4, 2004, cited the amended local Rule as Rule 300.12.8 in error, it is Ordered that the amended Rule is re-numbered 571.4 and pursuant to action of the Board of Judges, Local Rule 571.4 affecting the Criminal Division of the Court of Common Pleas is adopted, effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

JOSEPH M. JAMES,   
President Judge

Amendment to Local Rule of Criminal Procedure, Rule 571.4

   a.  Formal arraignment shall be held in every case no more than 40 days after the case has been held for court by an issuing authority, which issuing authority shall be required to issue a subpoena directing the defendant and his counsel to appear in the Calendar Control Office at a time and date certain. Any defendant who appears without counsel at a formal arraignment shall be given a period of no longer than one calendar week within which to obtain counsel, failing which the case shall be referred to the Lawyer Referral Service of the Allegheny County Bar Association, or in the case of those defendants claiming indigence, to the Office of the Public Defender. Counsel need not personally appear at formal arraignment if a properly executed appearance form is submitted by the defendant.

   b.  Upon the retention of private counsel, any defendant in a criminal case may elect to have counsel appear for that defendant at formal arraignment in Allegheny County. A copy of said form is attached.

   c.  It shall be the responsibility of the attorney to enter his/her appearance and to notify the defendant of the date and time of his pretrial conference or any further judicial proceedings.

   d.  The appearance of an attorney at Formal Arraignment for a defendant shall in no way change the Court's right to issue a warrant for the arrest of any defendant who fails to appear for the pretrial conference as scheduled by the Court.

   e.  This rule does not apply to ARD or PDQ cases.

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA
                           vs.
_________________Case No. ______
Name
_________________
Address
_________________[  ]  PLEASE CHECK IF
City         State     Zip Code    NEW ADDRESS

WAIVER OF ARRAIGNMENT, AND NOTIFICATION OF PRETRIAL CONFERENCE DATE

   I, ______ defendant in the above case:

   1.  Understand the nature of the charges against me.

   2.  Understand the right to be represented by counsel.

   3.  Understand the right to file motions, including a Request for a Bill of Particulars, a Motion for Pretrial Discovery and Inspections, and an Omnibus Pretrial Motion, and the time limits within which the motions must be filed.

   I hereby waive my Formal Arraignment and enter a plea of _____ . I, the undersigned Defendant hereby consent to my counsel receiving the Criminal Information in this case and agree to have my counsel inform me of the date, time, and place of the next judicial proceeding.

   I, THE UNDERSIGNED DEFENDANT, UNDERSTAND THAT IT IS MY RESPONSIBILITY TO APPEAR AT ANY SUBSEQUENT JUDICIAL PROCEEDING AS REQUIRED AT MY FORMAL ARRAIGNMENT. IF I DO NOT APPEAR, I UNDERSTAND THAT A WARRANT FOR MY ARREST WILL BE ISSUED.

                                          _________________
                                                        (Defendant)

   The Clerk of Courts shall enter the appearance of the following attorney as Attorney of Record for the above named Defendant.

_________________
Attorney for Defendant--PLEASE PRINT
_______________________
Attorney for Defendant--Signature Date Signed
_______________________
Defendant's Signature Date Signed
[Pa.B. Doc. No. 04-972. Filed for public inspection June 4, 2004, 9:00 a.m.]


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