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PA Bulletin, Doc. No. 17-1969



Preliminary Hearings; No. 3 of 2017

[47 Pa.B. 7313]
[Saturday, December 2, 2017]

Administrative Order of Court

And Now, this 19th day of October, 2017, It Is Hereby Ordered that Westmoreland County Criminal Procedure WC542 is hereby rescinded and new Rule WC542 is adopted. This change is effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

President Judge

Rule WC542. Preliminary Hearings.

 (a) Audio Recordings of Testimony from Preliminary Hearings

 (1) The magisterial district judge shall record testimony at preliminary hearings when requested by the district attorney or defendant's counsel.

 (2) The magisterial district judge shall save the recording locally and back the recording up to the County's server upon completion of the preliminary hearing.

 (3)  The district attorney or defendant's counsel may obtain a copy of the recording from the court administrator by applying in writing within thirty days of the defendant's formal arraignment.

 (4) When a preliminary hearing is held at the Westmoreland County Courthouse, court administration shall ensure that testimony is recorded.

 (b) Scheduling Court Arraignment

 (1)  The court administrator shall assign and promulgate arraignment dates, judges and courtrooms. The magisterial district judge shall set as the date for court arraignment the next scheduled court arraignment date which falls no sooner than the eighth Friday following the preliminary hearing or waiver of the same. Arraignment shall be scheduled for 8:30 a.m. If the preliminary hearing or waiver occurs on a Friday, that Friday shall be counted as the first Friday.

 (2) The magisterial district judge shall:

 A. advise the defendant and counsel of the time, date, and place of arraignment, and that failure to appear at arraignment may result in the defendant's arrest and forfeiture of bond;

 B. complete a court arraignment form;

 C. require the defendant to sign the court arraignment form indicating that the defendant is aware of the time and place of arraignment and the obligation to appear; and

 D. provide the defendant with a copy of the court arraignment form, retain a copy; and forward the original with the official record to the clerk of courts as required by Pa.R.Crim.P. 547.

[Pa.B. Doc. No. 17-1969. Filed for public inspection December 1, 2017, 9:00 a.m.]

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