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PA Bulletin, Doc. No. 05-1769a

[35 Pa.B. 5245]

[Continued from previous Web Page]

Rule 535(A). Receipt.

   At the time of posting of any bail, including percentage bail, but excluding a surety bond, the office at which the bail is posted shall issue, to the person posting the bail a receipt itemizing the bail and the fees and costs which will apply in the absence of a violation or forfeiture.

Rule 535(D).1. Return of Cash Bail to Surety by Clerk of Courts.

   Within twenty (20) days after the full and final disposition of a case on which full cash bail has been posted, the Clerk of Courts shall retain the lawful fee provided by the Judicial Code, and shall return the balance to the defendant or an assignee or the third party surety unless the balance is applied to pay a fine and costs of prosecution or to make restitution.

Rule 535(D).2. Return of Cash Bail to Surety by Issuing Authority.

   Where a matter reaches a full and final disposition before an issuing authority, the issuing authority shall return the entire amount of full cash bail, which has been posted with the issuing authority.

Rule 535(D).3. Removal of Judgment Indexed Against Realty.

   The Clerk of Courts shall, within twenty (20) days after the full and final disposition of a case on which realty has been posted as bail, notify the surety to present to the Clerk of Courts for execution by the Clerk of Courts a praecipe to remove the judgment previously entered by the Clerk of Courts.

Rule 535(D).4. Bail Agency Fee; Return of Bail to Surety.

   Within twenty (20) days after full and final disposition [as defined by Pa.R.Crim.P. 534] of a case in which percentage bail has been posted, the issuing authority or the Clerk of Courts shall retain forty (40) percent of the amount deposited, but in no event less that fifty dollars ($50), as administrative costs for the Chester County Court Bail Agency and shall return the balance to the defendant or an assignee or the third party surety unless the balance is applied to pay a fine and costs of prosecution or to make restitution. The fees to which the Bail Agency is entitled by law are deemed earned at the time the bail undertaking is executed and the money deposited.

Rule 535(D).5. Disposition of Bail Deposited by Defendant.

   If the Court, upon sentence, orders the defendant to pay a fine and costs of prosecution or to make restitution, the amount deposited by the defendant, whether under the percentage cash bail program or otherwise, shall be first applied, in the case of percentage bail, to the administrative costs of the Chester County Court Bail Agency and then to any restitution ordered by the Court, then to the fine, if any, and then to other costs ordered by the Court to be paid.

Rule 535(D).6. Disposition of Bail Deposited by Third Party.

   Where a third party surety has deposited money, under the percentage cash bail program or otherwise, the monies deposited shall be first applied, in the case of percentage bail, to the administrative costs of the Chester County Court Bail Agency. With voluntary written authorization of the person who deposited the bail, any balance shall then be applied to any restitution ordered by the Court, then to the fine, if any, and then to other costs ordered by the Court to be paid.

Rule 535(D).7. Authorization to Pay Attorney.

   When authorized in writing by the defendant and any third party surety who posted the deposit, whatever balance of such deposit is repayable to the defendant or the third party surety, may be paid to the defendant's attorney of record, upon filing such written authorization with the Clerk of Courts.

Rule 535(D).8. Notice to Person Posting.

   The Clerk of Courts shall send notice of the full and final disposition to the person who originally posted money, at the address of record. Any money not claimed within one hundred and eighty (180) days from the time of full and final disposition of the case shall be forfeited to the use of the County of Chester.

Rule 536. Revocation of Bail.

   When a defendant has failed to comply with the rules and regulations of the bail, or of the Chester County Court Bail Agency, or any additional conditions of the defendant's release, the Chester County Court Bail Agency may execute a bail piece, and/or petition that a bench warrant be issued, so that the defendant may be brought before the Court, to determine if additional bail shall be set in the case or bail revoked.

PART D
PROCEDURES IN COURT CASES
BEFORE ISSUING AUTHORITIES

Rule 540.1. Arrest of Fugitive from Justice; Another State.

   In cases where complaints have been filed charging a defendant with being fugitive from justice wanted in another state, the Magisterial District Judge shall transmit the file to the Clerk of Courts following the preliminary arraignment. See 42 Pa.C.S.A. §§ 9134, 9135, 9136, and 9137. All subsequent proceedings will then be conducted by the Court of Common Pleas. See 42 Pa.C.S.A. §§ 9138 and 9139.

Rule 540.2. Arrest of Juvenile as Adult.

   (A)  The arrest of a juvenile for an offense required to be prosecuted as a criminal matter, by operation of 42 Pa.C.S.A. § 6355(e), shall be pre-approved by the District Attorney of Chester County or a designee.

   (B)  A juvenile arrested for an offense required to be prosecuted as a criminal matter by 42 Pa.C.S.A. § 6355(e) shall be immediately brought before the appropriate Magisterial District Judge for preliminary arraignment.

   (C)  The Magisterial District Judge conducting the preliminary arraignment shall:

   1.  In the case of an Arrest Without Warrant, pursuant to Pa.R.Crim.P. 519, contact the on-call District Attorney who shall pre-approve the Commonwealth's decision to proceed pursuant to 42 Pa.C.S.A. § 6355(e). The Magisterial District Judge shall then make the independent analysis required under Pa.R.Crim.P. 540(D).

   2.  The Magisterial District Judge shall inquire of the juvenile and/or the juvenile's parents and/or interested adult whether or not private counsel will be retained for the juvenile. In the absence of an affirmative response the Magisterial District Judge shall appoint the Public Defender of Chester County to represent the juvenile at the juvenile's preliminary hearing. The Magisterial District Judge shall immediately notify the Public Defender of Chester County of said appointment by fax and in writing.

   3.  The Magisterial District Judge shall provide contact information for the Public Defender's Office to the juvenile and/or the juvenile's parents and/or interested adult. If the juvenile is not incarcerated, the Public Defender's Office shall be contacted, by the juvenile and/or the juvenile's parents and/or interested adult, as soon as possible, to undergo a financial qualification determination as to whether the juvenile is eligible for Public Defender's Office representation beyond the preliminary hearing. If the juvenile is incarcerated, an investigator from the Public Defender's Office will initiate contact for the purpose of determining eligibility for representation.

   4.  The Magisterial District Judge shall schedule the preliminary hearing pursuant to Pa.R.Crim.P. 540(F). In the case of a juvenile incarcerated at Chester County Prison, the hearing may not be extended pursuant to the provisions of Pa.R.Crim.P. 540(F)(1)(a) or Pa.R.Crim.P. 542(E) except upon order of a Judge of the Court of Common Pleas.

   5.  The attorneys for the Commonwealth and the juvenile defendant shall be attached for said preliminary hearing, which shall have priority over any other hearing in which counsel are involved in any District Court or Court of Common Pleas.

   6.  If the juvenile is detained by virtue of the juvenile's inability to post bail pursuant to Pa.R.Crim.P. 540(G) the juvenile shall be committed to the Chester County Prison.

   7.  All members of the minor judiciary are hereby granted the authority to commit a juvenile to the Chester County Prison notwithstanding the provisions of 42 Pa.C.S.A. § 6303(b).

   8.  The Magisterial District Judge shall immediately notify, by fax and in writing, the Court Administrator of Chester County (who will notify the Common Pleas Court Judge handling juvenile matters), the District Attorney of Chester County, the Public Defender of Chester County and the Director of the Juvenile Probation Office whenever a juvenile is committed to the Chester County Prison.

   (D)  The preliminary hearing shall be conducted in such a manner as to afford the Court of Common Pleas a full evidentiary record such that the Court of Common Pleas can rule on a motion for Writ of Habeas Corpus that the juvenile has in fact not committed an act required to be prosecuted as a criminal matter by 42 Pa.C.S.A. § 6355(e). The Magisterial District Judge shall determine on the record whether the Commonwealth has presented prima facie evidence that the matter should be prosecuted pursuant to 42 Pa.C.S.A. § 6355(e), taking into consideration documentary evidence and hearsay testimony, provided that the Attorney for the Commonwealth certifies that admissible evidence will be available from an identified source at the time of trial and/or sentencing. Said hearing shall be stenographically taken.

   (E)  In any case where a juvenile is held for the Court of Common Pleas for an offense, required to be prosecuted, as a criminal matter by operation of 42 Pa.C.S.A. § 6355(e), the juvenile through counsel shall, where appropriate, include in the juvenile's omnibus Pre-Trial Motion pursuant to Pa.R.Crim.P. 578 a petition for transfer from the criminal to juvenile court pursuant to 42 Pa.C.S.A. § 6322 and shall, where appropriate, file a Motion for Writ of Habeas Corpus, which motion shall be heard at the same time as the petition for transfer. Counsel for the juvenile shall serve a copy of the petition for transfer upon the director of the Juvenile Probation Office.

   (F)  A juvenile held for the Court of Common Pleas for an offense required to be prosecuted as a criminal matter by operation of 42 Pa.C.S.A. § 6355(e) shall be assigned for trial purposes through the individual calendaring method to a list of judges maintained by the Court Administrator of Chester County.

   (G)  Any juvenile detained at the Chester County Prison shall, to the extent possible, be housed in an area separate from the general population and shall be observed on a twenty-four (24) hour basis through the use of video equipment and/or prison personnel.

   (H)  The Warden of the Chester County Prison shall, to the extent possible, accommodate the reasonable educational needs of the juvenile. In all other respects the juvenile shall be treated in the same manner as other inmates at the Chester County Prison.

   (I)  In the event that a juvenile is convicted of an offense required to be prosecuted as a criminal matter by operation of 42 Pa.C.S.A. § 6355(e), the Juvenile Probation Department in conjunction with the Adult Probation Department shall prepare a pre-sentence investigation memorandum on an expedited basis.

Rule 540.3. Preliminary Arraignment and Bail; Local Fugitives.

   When the attorney for the Commonwealth has filed an information with the Court of Common Pleas without a preliminary hearing, pursuant to C.C.R.Crim.P. 565(D), because the defendant had been declared a fugitive, the Magisterial District Judge will retain limited jurisdiction over the case for the sole purpose of conducting a preliminary arraignment and setting bail, once the defendant is located, after which the remainder of the case will be forwarded to the Clerk of Courts, for further proceedings.

Rule 543.1. Disposition of Case at Preliminary Hearing; Summary Offenses.

   In order to establish uniform procedures for Magisterial District Judges when conducting preliminary hearings that involve summary offenses charged on a criminal complaint with misdemeanor and/or felony charges, the following procedure shall be followed:

   (A)  When a Magisterial District Judge is conducting a preliminary hearing on misdemeanor and/or felony charges the Commonwealth is not required to provide evidence to substantiate summary criminal offenses included on the criminal complaint. At the conclusion of the preliminary hearing, if the Magisterial District Judge determines the Commonwealth has established a prima facie case with respect to the misdemeanor and/or felony charges, the Magisterial District Judge should hold those charges and the summary offenses over to the Court of Common Pleas.

   (B)  Upon completion of the preliminary hearing, if the Magisterial District Judge determines the Commonwealth has not established a prima facie case with respect to the misdemeanor and/or felony charges, the Magisterial District Judge should ask the attorney for the Commonwealth whether the Commonwealth intends to refile the misdemeanor and/or felony charges. If the Commonwealth's response is yes, no further evidence is required and the Magisterial District Judge shall state the lack of a prima facie case ruling in open Court. If the Commonwealth's response is that the defendant will not be rearrested, the Magisterial District Judge shall allow the Commonwealth the opportunity to immediately supplement the hearing with additional evidence concerning the summary offenses, if needed, and then make a finding of guilt or innocence by proof beyond a reasonable doubt in regard to the charged summary offenses.

Rule 543.2(a). Motions Challenging Preliminary Hearing (Habeas Corpus).

   All motions challenging the action of a Magisterial District Judge in finding a prima facie case shall have the substantive characteristics of a habeas corpus motion, but shall be captioned ''Commonwealth v. Defendant,'' together with the term number, if any, or the offense tracking number. Such motions need consist only of a motion and notice of hearing. A writ shall be prepared only when specifically requested by the motion, and shall be directed to such custodian as shall be named in the motion. The motion and notice shall be assigned a hearing date on the miscellaneous list by the Court Administrator, and shall be filed with the Clerk of Courts. Where an expedited hearing is requested, the assigned judge may order an accelerated listing.

Rule 543.2(b). Sharing Cost of Transcript.

   In all cases where the notes of testimony from a preliminary hearing are taken and/or transcribed by a court reporter, the entire cost of the services of the court reporter and the notes of testimony shall be borne equally by all parties requesting transcripts at any time. The original of the notes of testimony shall be provided to the party who engaged the services of the reporter.

Rule 543.2(c). Providing Transcript to Court, and Opposing Party.

   It shall be the duty of the party filing such motion to obtain a transcript of the record of the preliminary hearing, or relevant portion thereof, regardless of the manner in which the record was made, and make such transcript available to the Court, and the opposing party, as soon as practicable.

Rule 543.2(d). Transcripts From Tape Recordings.

   If the preliminary hearing was recorded electronically, each party shall review the transcript, and, prior to the hearing, note any objections or discrepancies for the Court. The parties shall attempt to resolve any such discrepancies prior to the hearing.

Rule 543.2(e). Stipulations in Absence of Record.

   Where no record of the preliminary hearing has been made, or upon motion of either party, the Court may hear testimony or consider stipulations of the parties to supplement the record from the preliminary hearing.

PART E
INFORMATIONS

Rule 565. Presentation of Information Without Preliminary Hearing; Fugitives.

   (A)  When the attorney for the Commonwealth certifies to the Court of Common Pleas that a preliminary hearing cannot be held for a defendant for good cause, the Court of Common Pleas may grant leave to the attorney for the Commonwealth to file an information with Court of Common Pleas without a preliminary hearing.

   (B)  When a juvenile has been transferred for prosecution as an adult, the attorney for the Commonwealth may file an information with the Court without a preliminary hearing.

   (C)  Nothing in this rule is intended to preclude the attorney for the Commonwealth from filing an information or from having the date for the arraignment scheduled in those cases in which the issuing authority has conducted the preliminary hearing in the defendant's absence as provided for in Pa.R.Crim.P. 543(D).

   (D)  Where the defendant has been declared a fugitive by the Magisterial District Judge, and a preliminary hearing cannot be held in the defendant's absence pursuant to Pa.R.Crim.P. 543(D), the attorney for the Commonwealth may file an information with Court of Common Pleas without a preliminary hearing, under the following circumstances:

   1.  The Magisterial District Judge has declared the defendant a fugitive after a police officer or constable reports that the defendant cannot be located, and the police officer or constable completes an Affidavit of Due Diligence that the following steps have been taken to locate the defendant:

   *  Contact the defendant's last known address.

   *  Attempt to find the defendant at place of business or usual habitat.

   *  Contact neighbors and friends of the defendant.

   *  Verify that the defendant's name is on NCIC (National Crime Information Center); Pennsylvania's CLEAN (Commonwealth's Law Enforcement Assistance Network); and Chester County's WEB (Warrant Enforcement Bureau).

   *  Contact the post office to learn the whereabouts of the defendant.

   *  Contact state and county probation and parole officers.

   *  Contact county prison personnel.

   *  Make such other effort, as the serving officer deems appropriate under the circumstances of the case, such as, contacting any known telephone numbers of the defendant.

   *  Affidavits of Due Diligence shall also include a statement from the police officer or constable that they cannot locate the defendant, and believes the defendant to be a fugitive.

   2.  After a reasonable time, usually thirty (30) days after the issuance of the warrant that cannot be served, the Magisterial District Judge shall notify the arresting officer or the constable holding the warrant that they must come to the Magisterial District Judge's Office and complete the Affidavit of Due Diligence.

   3.  Once the Affidavit of Due Diligence has been completed and filed with the Magisterial District Judge, the Magisterial District Judge shall forward the file to the Clerk of Courts in accordance with procedures established by the Court Administrator. See C.C.R.Crim.P. 540.3 (retained jurisdiction for purpose of conducting preliminary arraignment and setting bail).

   (E)  The District Attorney of Chester County certifies that a preliminary hearing cannot be held for a defendant who has been declared a fugitive, pursuant to C.C.R.Crim.P. 565(D)(1), for the following good cause show:

   *  The defendant will be a fugitive for the foreseeable future, and may never be located.

   *  Decisions concerning extradition are expedited when the file is with the Court of Common Pleas.

   *  The extradition process is expedited when the file is with the Court of Common Pleas.

   *  Fugitive cases are more effectively monitored when they are centralized with the Court of Common Pleas, as this helps limit potential Pa.R.Crim.P. 600 problems, and promotes the dismissal of older fugitive cases that should be closed after a period of time.

   *  If the defendant is found, the defendant can petition the Court of Common Pleas for a remand for a preliminary hearing, or to have the Court of Common Pleas conduct such a hearing by way of a petition for a writ of habeas corpus.

   (F)  The Court of Common Pleas grants leave to the attorney for the Commonwealth to file an information with Court of Common Pleas without a preliminary hearing when the conditions of C.C.R.Crim.P. 565(D) are met, for the reasons set forth in C.C.R.Crim.P. 565(E).

   (G)  Nothing in this rule shall prevent the defendant from filing a petition for a remand to the Magisterial District Judge for the purpose of conducting a preliminary hearing, or prevent the Court of Common Pleas from conducting a preliminary hearing upon petition, except were the issuing authority has conducted the preliminary hearing in the defendant's absence as provided for in Pa.R.Crim.P. 543(D).

PART F
PROCEDURES FOLLOWING FILING OF INFORMATION

Rule 571.1. Notice From Issuing Authority.

   At the conclusion of a preliminary hearing in which a defendant is bound over for action by the Court of Common Pleas, the issuing authority will provide written notice of the date, place and time of arraignment.

Rule 571.2. Role of Court Administrator.

   Arraignment may be conducted by the Court Administrator or a designated assistant.

Rule 571.3. Presence of Defendant.

   A defendant shall be present at the arraignment unless all of the following requirements are met:

   (i)  the defendant is represented by counsel of record; and

   (ii)  prior to the date of arraignment, the defendant has filed a written waiver of arraignment with the attorney for the Commonwealth, signed by both defendant and defendant's counsel.

Rule 571.4. Consequences of Failure to Appear.

   Upon failure of a defendant to be present when required hereby, the defendant's bail may be forfeited and a bench warrant may be issued.

PART F(1)
MOTION PROCEDURES

Rule 575. Motions and Orders.

   Pa.R.Crim.P. 575 shall govern the procedures for motions and answers.

Rule 575(A). Motions; Notice of Hearing.

   The use of a rule returnable and/or a rule to show cause in motions in criminal matters is abolished. Before a motion is filed by either party, it shall be covered with a Notice of Hearing, completed by the Court Administrator, setting forth the time and place of the hearing.

Rule 575(B). Answers to Motions.

   Unless specifically so ordered by the Court, neither party shall be required to file a written answer to any motion.

Rule 576. Filing and Service by Parties.

   Pa.R.Crim.P. 576 shall govern the procedures for the filing and service of motions and answers by the parties.

Rule 576.1. Filing and Service of Motions.

   Before a motion is filed in a criminal matter, the Court Administrator shall complete the Notice of Hearing attached thereto. Thereafter, such motion and Notice shall be filed with the Clerk of Courts, and a copy delivered to the opposing party.

Rule 577. Procedures Following Filing of Motion.

   Pa.R.Crim.P. 577 shall govern the procedures following the filing of motion.

Rule 580. Pre-Trial Motion

   All other pre-trial motions shall be scheduled by the Court Administrator for hearing on the Miscellaneous List, unless deferred by the moving party for hearing immediately prior to trial.

PART G
PLEAS PROCEDURES

Rule 590.1. Preparation of Guilty Plea Form.

   During the course of counseling a defendant relative to any plea of guilty or nolo contendere in the Court of Common Pleas, counsel shall review with the defendant a Chester County guilty plea form available from the Court Administrator, and shall explain to the defendant the contents of that form. Such forms shall be initialed and signed where appropriate and counsel's signature thereon shall constitute a certification by the attorney that the attorney has read, discussed and explained the plea form with the defendant, and that to the best of counsel's knowledge, information and belief, the defendant understands what the defendant is doing by entering the plea. Guilty plea forms shall be filed in open Court at the time of entry of any plea of guilty or nolo contendere. For pleas to a summary offense, the plea form need only consist of the disposition page, and need only state the offenses to which the defendant is pleading and the sentence which the defendant is to receive.

Rule 590.2. Sentencing Guideline Form.

   Prior to entering the plea, the defendant shall review with counsel the sentencing guidelines. Completed forms, reviewed by both counsel will be submitted to the Court.

Rule 590.3. Prior Convictions.

   The attorney representing the Commonwealth at the time the plea is entered shall be familiar with the case, and shall advise the Court of any prior convictions or adjudications of the defendant for felonies and misdemeanors.

Rule 590.4. Plea Agreements in Writing.

   All plea agreements shall be in writing, on Chester County guilty plea colloquy forms, signed by the defendant, defense counsel, (if represented) and the Assistant District Attorney.

Rule 591. Motion to Challenge or Withdraw Plea.

   Any motion to withdraw or challenge a plea of guilty or nolo contendere shall include a separate page addressed to the court reporter requesting transcription of the proceeding at which the plea was entered and of the sentencing proceeding, if any. The entire transcripts of such proceedings shall be prepared unless limited by the Court. Copies of the motion shall be delivered to the trial judge, the court reporter, and the District Attorney immediately after filing thereof.

CHAPTER 6. TRIAL PROCEDURES IN
COURT CASES

PART C(2)
CONDUCT OF JURY TRIAL

Rule 647. Points for Charge.

   Each requested point for charge shall cite the authority therefor and be set forth on a separate sheet of paper.

CHAPTER 7. POST-TRIAL PROCEDURES IN COURT CASES

PART A
SENTENCING PROCEDURES

Rule 702.1. Criminal History Information.

   When a case is bound over to Court, the District Attorney shall immediately obtain criminal history information records from the Federal Bureau of Investigation and the Pennsylvania State Police Bureau of Criminal Investigation.

Rule 702.2. Forwarding Criminal History Information.

   Upon receipt of those records, the District Attorney shall immediately forward copies to defense counsel and the Adult Probation Department. In the event that no record exists, the District Attorney shall report that information to the Adult Probation Department.

Rule 702.3. Role of Adult Probation Department.

   Upon receipt of criminal history information records, the Adult Probation Department shall obtain such information as may be missing from the reports, including disposition, sentences and the specific offenses of which the accused has been convicted and any other information necessary to calculate the defendant's prior record score.

Rule 702.4. Delivery of Criminal History to Parties.

   Upon the completion of the update of the criminal history information, the Adult Probation Department shall send copies of the updated information to the District Attorney and defense counsel.

Rule 702.5. Preparation of Sentencing Guideline Form by Parties.

   The District Attorney shall, after consultation with defense counsel and prior to sentencing, supply the sentencing judge with a sentencing guideline form completed except for the disposition section. Defense counsel shall be provided with a copy of the guideline form to be submitted by the District Attorney. Defense counsel shall immediately notify the sentencing judge of any objection to the sentencing guideline form submitted by the District Attorney, and may, where appropriate, provide a substitute guideline form reflecting the defense position.

Rule 702.6. Completion of Sentencing Guideline Form by Judge.

   The sentencing judge shall be responsible for the final completion of the sentencing guideline forms and for the transmittal of those forms to the Commonwealth of Pennsylvania. For Plea Agreements the District Attorney shall complete the disposition sections.

Rule 704.1. Reporting to Probation Office.

   Where a defendant receives a sentence of county probation or immediate parole, the defendant shall report to the Adult Probation Office immediately after the imposition of sentence, or immediately after the defendant's discharge from custody, whichever is later.

Rule 704.2. Parole Orders.

   In all cases where the defendant receives a sentence giving him immediate parole, it shall be the responsibility of defendant's counsel to provide the Court with a written order for immediate parole and to deliver two (2) certified copies of the signed order to the Chester County Sheriff for delivery to the institution of confinement.

Rule 704.3. Parole After Sentence of 30 Days or Less.

   In all cases where the Court has signed a conditional order of parole to be effective after defendant serves thirty (30) days or less prison sentence, defendant's counsel shall provide him with a certified copy of said order immediately after sentencing. The defendant shall present that certified parole order at the prison when the defendant reports to begin serving the sentence.

Rule 704.4. Form of Parole Order.

   Forms for parole orders not involving special conditions shall be available in the Court Administrator's Office.

PART B
POST-SENTENCE PROCEDURES

Rule 720.1. Filing and Delivery of Transcripts.

   Transcript of the trial shall be delivered by the court reporter to the Clerk of Courts within sixty (60) days from the service upon the court reporter of the request for transcript.

Rule 720.2. Time for Filing of Post-Sentence Motion Briefs.

   Defendant's brief shall be filed thirty-five (35) days after the filing of the post-sentence motion unless otherwise ordered by the Court. The Commonwealth's brief shall be due thirty-five (35) days from the date of filing of defendant's brief. Briefs shall be filed with the Clerk of Courts and a copy to the Judge and opposing party.

Rule 720.3. Extension of Post-Sentence Motion Briefing Schedule.

   Any party, for good cause, may apply to the Court for an extension of time to file the post-sentence motion brief. The application is to be filed with the Clerk of Courts and a copy is to be delivered to the trial judge and opposing counsel. The application shall identify the moving party, state the reasons for the requested extension, and recite whether the request for extension is opposed or unopposed.

CHAPTER 8. SPECIAL RULES IN CASES IN WHICH DEATH SENTENCE IS AUTHORIZED

(Reserved)

CHAPTER 9. POST-CONVICTION COLLATERAL PROCEEDINGS

(Reserved)

[Pa.B. Doc. No. 05-1769. Filed for public inspection September 23, 2005, 9:00 a.m.]



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