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PA Bulletin, Doc. No. 99-397b

[29 Pa.B. 1360]

[Continued from previous Web Page]

CHAPTER 4.  PROCEDURES IN SUMMARY CASES
Committee Introduction to Chapter 4. Former Chapter 50
Part A.  Instituting Proceedings
400.Means of Instituting Proceedings in Summary Cases. Former Rule 51
401.Means of Instituting Proceedings in Summary Cases Charging Parking Violations. Former Rule 95
Part B.  Citation Procedures
402.Persons Who Shall Use Citations. Former Rule 52
403.Contents of Citation. Former Rule 53
Part B(1).  Procedures When Citation Is Issued to Defendant
405.Issuance of Citation. Former Rule 55
406.Procedure Following Issuance of Citation. Former Rule 56
407.Pleas in Response to Citation. Former Rule 57
408.Not Guilty Pleas--Notice of Trial. Former Rule 58
409.Guilty Pleas. Former Rule 59
Part B(2).  Procedures When Citation Filed
410.Filing of Citation. Former Rule 60
411.Procedures Following Filing of Citation--Issuance of Summons. Former Rule 61
412.Pleas in Response to Summons. Former Rule 62
413.Not Guilty Pleas--Notice of Trial. Former Rule 63
414.Guilty Pleas. Former Rule 64
Part C.  Procedures in Summary Cases When Complaint Filed
420.Filing of Complaint. Former Rule 65
421.Procedure Following Filing of Complaint--Issuance of Summons. Former Rule 66
422.Pleas in Response to Summons. Former Rule 67
423.Not Guilty Pleas--Notice of Trial. Former Rule 68
424.Guilty Pleas. Former Rule 69
Part D.  Arrest Procedures in Summary Cases
Part D(1).  Arrests With A Warrant
430.Issuance of Arrest Warrant. Former Rule 75
431.Procedure When Defendant Arrested With Warrant. Former Rule 76
Part D(2).  Arrests Without A Warrant
440.Arrest Without Warrant. Former Rule 70
441.Procedure Following Arrest Without Warrant. Former Rule 71
Part E.  General Procedures in Summary Cases
450.Motions. (Reserved) No Former Rule
451.Service. Former Rule 80
452.Collateral. Former Rule 81
453.Joinder of Offenses and Defendants. Former Rule 82
454.Trial in Summary Cases. Former Rule 83
455.Trial in Defendant's Absence. Former Rule 84
456.Default Procedures: Restitution, Fines, and Costs. Former Rule 85
457.Withdrawal of Charges in Summary Cases. Former Rule 87
458.Dismissal in Summary Cases Upon Satisfaction or Agreement. Former Rule 88
Part F.  Procedures in Summary Cases for Appealing to Court of Common Pleas for a Trial De Novo
460.Notice of Appeal. Former Rule 86(A), (D), (E), (F), (H), (I)
461.Stays. Former Rule 86(B), (C)
462.Trial De Novo. Former Rules 86(G) and 1117(c)
Part G.  Special Procedures in Summary Cases Under the Vehicle Code
470.Procedures Related to License Suspension After Failure to Respond to Citation or Summons. Former Rule 91
471.Disposition Report. Former Rule 92
CHAPTER 5.  PRETRIAL PROCEDURES IN COURT CASES
Part A.  Preservation of Testimony
500.Preservation of Testimony After Institution of Criminal Proceedings. Former Rule 9015
501.Preservation of Testimony by Videotape Recording. Former Rule 9015A
Part B.  Instituting Proceedings
502.Instituting Proceedings in Court Cases. Former Rule 101
Part B(1).  Complaint Procedures
503.Complaint Procedures Generally. Former Rule 103
504.Contents of Complaint. Former Rule 104
505.Complaints: Joinder of Offenses and Defendants. Former Rule 105
506.Approval of Private Complaints. Former Rule 106
507.Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth--Local Option. Former Rule 107
508.Procedure Following Submission of Complaint to Issuing Authority. Former Rule 108
509.Use of Summons or Warrant of Arrest in Court Cases. Former Rule 109
Part B(2).  Summons Procedures
510.Contents of Summons; Time of Preliminary Hearing. Former Rule 110
511.Service of Summons. Former Rule 112
512.Procedure in Court Cases Following Issuance of Summons. Former Rule 113
Part B(3).  Arrest Procedures in Court Cases
(a)  Arrest Warrants
513.Requirements for Issuance. Former Rule 119
514.Duplicate and Alias Warrants of Arrest. Former Rule 121
515.Execution of Arrest Warrant. Former Rule 122
516.Procedure in Court Cases When Warrant of Arrest Is Executed Within Judicial District of Issuance. Former Rule 123
517.Procedure in Court Cases When Warrant of Arrest Is Executed Outside Judicial District of Issuance. Former Rule 124
(b)  Arrests Without Warrant
518.Procedure in Court Cases Initiated by Arrest Without Warrant. Former Rule 102
Part C.  Bail
520.Bail Before Verdict. Former Rule 4001
521.Bail After Finding of Guilt. Former Rule 4009
522.Detention of Witnesses. Former Rule 4017
Part C(1).  Release Procedures
523.Release Criteria. Former Rule 4002
524.Types of Release on Bail. Former Rule 4003
525.Bail Bond. Former Rule 4004
526.Conditions of Bail Bond. Former Rule 4005
527.Nonmonetary Conditions of Release on Bail. Former Rule 4006
528.Monetary Condition of Release on Bail. Former Rule 4007
529.Modification of Bail Order Prior to Verdict. Former Rule 4008
Part C(2).  General Procedures in All Bail Cases
530.Duties and Powers of a Bail Agency. Former Rule 4010
531.Qualifications of Surety. Former Rule 4011
532.Substitution of Surety or Security. Former Rule 4012
533.Increased Amount of Monetary Condition of Bail. Former Rule 4013
534.Duration of Obligation. Former Rule 4014
535.Receipt for Deposit; Return of Deposit. Former Rule 4015
536.Procedures Upon Violation of Conditions: Revocation of Release and Forfeiture; Bail Pieces; Exoneration of Surety. Former Rule 4016
Part D.  Proceedings in Court Cases Before Issuing Authorities
540.Preliminary Arraignment. Former Rule 140
541.Waiver of Preliminary Hearing. Former Rule 140A
542.Preliminary Hearing. Former Rule 141
543.Continuance of a Preliminary Hearing. Former Rule 142
544.Disposition of Case at Preliminary Hearing. Former Rule 143
545.Witnesses: Compulsory Process. Former Rule 144
546.Dismissal Upon Satisfaction or Agreement. Former Rule 145
547.Return of Transcript and Original Papers. Former Rule 146
548.Amendment of Transcript in Court Cases. Former Rule 147
549.Compelling Transmission of Papers by Issuing Authority. Former Rule 148
550.Pleas of Guilty Before District Justice in Court Cases. Former Rule 149
551.Withdrawal of Prosecution Before Issuing Authority. Former Rule 151
Part E.  Informations
560.Information: Filing, Contents, Function. Former Rule 225
561.Withdrawal of Charges by Attorney for the Commonwealth. Former Rule 224
562.Copy of Information to Be Furnished Defendant. Former Rule 227
563.Joinder of Offenses in Information. Former Rule 228
564.Amendment of Information. Former Rule 229
565.Presentation of Information Without Preliminary Hearing. Former Rule 231
566.Application of Indictment Statutes to Information. Former Rule 232
Part F.  Procedures Following Filing of Information
570.Pretrial Conference. Former Rule 311
571.Arraignment. Former Rule 303
572.Bill of Particulars. Former Rule 304
573.Pretrial Discovery and Inspection. Former Rule 305
Part F(1).  Motion Procedures
574.Motions. Former Rule 9020
575.Answers. Former Rule 9021
576.Filing. Former Rule 9022
577.Service. Former Rule 9023
578.Omnibus Pretrial Motion for Relief. Former Rule 306
579.Time for Omnibus Pretrial Motion and Service. Former Rule 307
580.Disposition of Pretrial Motions. Former Rule 310
581.Suppression of Evidence. Former Rule 323
582.Joinder--Trial of Separate Indictments or Informations. Former Rule 1127
583.Severance of Offenses or Defendants. Former Rule 1128
584.Motion for Change of Venue or Change of Venire. Former Rule 312
585.Nolle Prosequi. Former Rule 313
586.Court Dismissal Upon Satisfaction or Agreement. Former Rule 314
587.Motion for Dismissal. Former Rule 315
588.Motion for Return of Property. Former Rule 324
Part G.  Plea Procedures
590.Pleas and Plea Agreements. Former Rule 319
591.Withdrawal of Plea of Guilty. Former Rule 320
CHAPTER 6.  TRIAL PROCEDURES IN COURT CASES
Part A.  General Provisions
600.Prompt Trial. Former Rule 1100
601.Presence of Judge. Former Rule 1105
602.Presence of the Defendant. Former Rule 1117
603.Exceptions. Former Rule 1115
604.Opening Statements and Closing Arguments. Former Rule 1116
605.Mistrial. Former Rule 1118
606.Challenges to Sufficiency of Evidence. Former Rule 1124
607.Challenges to the Weight of the Evidence. Former Rule 1124A
608.Motion for Judgment of Acquittal After Discharge of Jury. Former Rule 1125
Part B.  Non-Jury Procedures
620.Waiver of Jury Trial. Former Rule 1101
621.Procedure When Jury Trial Is Waived. Former Rule 1102
622.Time for Court Action Following Non-Jury Trial. Former Rule 1122
Part C.  Jury Procedures
630.Juror Qualification Form, Lists of Trial Jurors, and Challenge to the Array. Former Rule 1104
Part C(1).  Impaneling Jury
631.Examination and Challenges of Trial Jurors. Former Rule 1106
632.Juror Information Questionnaire. Former Rule 1107
633.Examination and Challenges of Alternate Trial Jurors. Former Rule 1108
634.Number of Peremptory Challenges. Former Rule 1126
635.Exhaustion of the Jury Panel. Former Rule 1109
Part C(2).  Conduct of Jury Trial
640.Swearing the Trial Jury to Hear the Cause. Former Rule 1110
641.Consent to Be Tried by Less Than Twelve Jurors. Former Rule 1103
642.Sequestration of Trial Jurors. Former Rule 1111
643.View by Jury. Former Rule 1112
644.Note Taking by Jurors. Former Rule 1113
645.Seating and Discharge of Alternate Jurors. Former Rule 1108(a)
646.Material Permitted in Possession of the Jury. Former Rule 1114
647.Request for Instructions, Charge to the Jury, and Preliminary Instructions. Former Rule 1119
648.Verdicts. Former Rule 1120
649.Sealed Verdict. Former Rule 1121
CHAPTER 7.  POST-TRIAL PROCEDURES IN COURT CASES
Part A.  Sentencing Procedures
700.Sentencing Judge. Former Rule 1401
701.Pleas of Guilty to Multiple Offenses. Former Rule 1402
702.Aids in Imposing Sentence. Former Rule 1403
703.Disclosure of Pre-Sentence Reports. Former Rule 1404
704.Procedure at Time of Sentencing. Former Rule 1405
705.Imposition of Sentence. Former Rule 1406
706.Fines or Costs. Former Rule 1407
707.Documents Transmitted to Prison. Former Rule 1408
708.Violation of Probation, Intermediate Punishment, or Parole: Hearing and Disposition. Former Rule 1409
Part B.  Post-sentence Procedures
720.Post-Sentence Procedures; Appeal. Former Rule 1410
721.Procedures for Commonwealth Challenges to Sentencing; Appeals. Former Rule 1411
722.Contents of Order for Expungement. Former Rule 9017
CHAPTER 8.  SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED
800.Applicability of Subchapter. Former Rule 351
801.Notice of Aggravating Circumstances. Former Rule 352
802.Guilty Plea Procedure. Former Rule 353
803.Procedure When Jury Trial Is Waived. Former Rule 354
804.No Sealed Verdict. Former Rule 355
805.Closing Arguments at Sentencing Hearing. Former Rule 356
806.Sentencing Verdict Slip. Former Rule 357
807.Form for Jury Sentencing Verdict Slip. Former Rule 358A
808.Form for Trial Judge Sentencing Verdict Slip. Former Rule 358B
809.Sentence. Former Rule 359
810.Post-Sentence Motion. Former Rule 360
811.First Degree Murder Review Form. Former Rule 361
CHAPTER 9.  POST-CONVICTION COLLATERAL PROCEEDINGS
900.Scope. Former Rule 1500
901.Initiation of Post-Conviction Collateral Proceedings. Former Rule 1501
902.Content of Petition for Post-Conviction Collateral Relief; Request for Discovery. Former Rule 1502
903.Docketing and Assignment. Former Rule 1503
904.Appointment of Counsel; In Forma Pauperis. Former Rule 1504
905.Amendment and Withdrawal of Petition for Post-Conviction Collateral Relief. Former Rule 1505
906.Answer to Petition for Post-Conviction Collateral Relief. Former Rule 1506
907.Disposition Without Hearing. Former Rule 1507
908.Hearing. Former Rule 1508
909.Procedures for Petitions in Death Penalty Cases: Hearing; Disposition. Former Rule 1509
910.Appeal. Former Rule 1510
CHAPTER 10.  RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT
1000.Scope of Rules. Former Rule 6000
1001.Disposition of Criminal Cases--Philadelphia Municipal Court. Former Rule 6001
1002.Procedure in Summary Cases. Former Rule 6002
1003.Procedure in Non-Summary Municipal Court Cases. Former Rule 6003
1004.Arraignment Prior to Trial. Former Rule 6004
1005.Pretrial Applications for Relief. Former Rule 6005
1006.Notice of Right to Appeal or to Petition for Certiorari; Guilty Plea Challenge Procedure. Former Rule 6006
1007.Challenge to Guilty Plea. Former Rule 6007
1008.Contents of Notice of Appeal or Petition for Certiorari. Former Rule 6008
1009.Notice to Municipal Court Judge and Attorney for the Commonwealth of Appeal or of Petition for Certiorari. Former Rule 6009
1010.Procedure on Appeal. Former Rule 6010
1011.Bail. Former Rule 6011
1012.Recording and Transcribing Municipal Court Proceedings; Admissibility of Testimony at Trial De Novo. Former Rule 6012
1013.Prompt Trial--Municipal Court. Former Rule 6013
CHAPTER 11. ABOLITIONS AND SUSPENSIONS
1100.Abolition of Practice and Procedure Under Repealed Statutes. Former Rule 9998
1101.Suspension of Acts of Assembly. Former Rules 39, 159, 340, 1415, 2020

Disposition Table

Current Rule New Rule
CHAPTER 1.  SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES
1.Scope of Rules. New Rule 100
2.Purpose and Construction. New Rule 101
3.Definitions. New Rule 103
4.Citing the Criminal Procedural Rules. New Rule 102
5.Design of Forms. New Rule 104
6.Local Rules. New Rule 105
CHAPTER 20.  ISSUING AUTHORITIES: VENUE, LOCATION, AND RECORDING OF PROCEEDINGS
21.Venue. New Rule 130
22.Location of Proceedings Before Issuing Authority. New Rule 131
23.Continuous Availability and Temporary Assignment of Issuing Authorities. New Rule 132
24.Powers of Temporarily Assigned Issuing Authorities. New Rule 133
25.Objections to Venue. New Rule 134
26.Transcript of Proceedings Before Issuing Authority. New Rule 135
27.Publicity and Recording of Proceedings. New Rule 112
CHAPTER 30.  PROCEDURES IMPLEMENTING 42 PA.C.S. §§ 4137, 4138, AND 4139: CRIMINAL
CONTEMPT POWERS OF DISTRICT JUSTICES, JUDGES OF THE PITTSBURGH MAGISTRATES
COURT, AND JUDGES OF THE TRAFFIC COURT OF PHILADELPHIA
30.Contempt Proceedings Before District Justices, Pittsburgh Magistrates Court Judges, and Philadelphia Traffic Court Judges. New Rule 140
31.Appeals from Contempt Adjudications by District Justices, Pittsburgh Magistrates Court Judges, or Philadelphia Traffic Court Judges. New Rule 141
32.Procedures Governing Defaults in Payment of Fine Imposed As Punishment for Contempt. New Rule 142
39.Suspension of Acts of Assembly--Chapter 30. New Rule 1101
CHAPTER 50.   PROCEDURE IN SUMMARY CASES
Committee Introduction to Chapter 50 New Chapter 4
Part I:  Instituting Proceedings
51.Means of Instituting Proceedings in Summary Cases. New Rule 400
Part II.  Citation Procedures
52.Persons Who Shall Use Citations. New Rule 402
53.Contents of Citation. New Rule 403
Part IIA:  Procedures When Citation Is Issued To Defendant
55.Issuance of Citation. New Rule 405
56.Procedure Following Issuance of Citation. New Rule 406
57.Pleas in Response to Citation. New Rule 407
58.Not Guilty Pleas--Notice of Trial. New Rule 408
59.Guilty Pleas. New Rule 409
Part IIB:  Procedures When Citation Filed
60.Filing of Citation. New Rule 410
61.Procedures Following Filing of Citation--Issuance of Summons. New Rule 411
62.Pleas in Response to Summons. New Rule 412
63.Not Guilty Pleas--Notice of Trial. New Rule 413
64.Guilty Pleas. New Rule 414
Part III:  Procedures in Summary Cases When Complaint Filed
65.Filing of Complaint. New Rule 420
66.Procedure Following Filing of Complaint--Issuance of Summons. New Rule 421
67.Pleas in Response to Summons. New Rule 422
68.Not Guilty Pleas--Notice of Trial. New Rule 423
69.Guilty Pleas. New Rule 424
Part IV:  Procedures in Summary Cases When Defendant Is Arrested Without Warrant
70.Arrest Without Warrant. New Rule 440
71.Procedure Following Arrest Without Warrant. New Rule 441
Part V:  Procedures Regarding Arrest Warrants in Summary Cases
75.Issuance of Arrest Warrant. New Rule 430
76.Procedure When Defendant Arrested With Warrant. New Rule 431
Part VI:  General Procedures in Summary Cases
80.Service. New Rule 451
81.Collateral. New Rule 452
82.Joinder of Offenses and Defendants. New Rule 453
83.Trial in Summary Cases. New Rule 454
84.Trial in Defendant's Absence. New Rule 455
85.Default Procedures: Restitution Fines, and Costs. New Rule 456
86.Appeals From Summary Judgments. New Rules 460, 461, and 462
87.Withdrawal of Charges in Summary Cases. New Rule 457
88.Dismissal in Summary Cases Upon Satisfaction or Agreement. New Rule 458
90.Defects in Form, Content, or Procedure--Summary Cases. New Rule 109
Part VII:  Special Procedures in Summary Cases Under the Vehicle Code
91.Procedures Related to License Suspension After Failure to Respond to Citation or Summons. New Rule 470
92.Disposition Report. New Rule 471
Part VIII:  Procedures in Summary Cases Charging Parking Violations
95.Proceedings in Summary Cases Charging Parking Violations. New Rule 401
CHAPTER 100.  PROCEDURE IN COURT CASES
Part I:  Instituting Proceedings
101.Means of Instituting Proceedings in Court Cases. New Rule 502
102.Procedure in Court Cases Initiated by Arrest Without Warrant. New Rule 518
Part II:  Complaint Procedures
103.Complaint Procedures Generally. New Rule 503
104.Contents of Complaint. New Rule 504
105.Complaints: Joinder of Offenses and Defendants. New Rule 505
106.Approval of Private Complaints. New Rule 506
107.Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth--Local Option. New Rule 507
108.Procedure Following Submission of Complaint to Issuing Authority. New Rule 508
Part III:  Summons and Arrest Warrant Procedures in Court Cases
109.General Rule: Use of Summons or Warrant of Arrest in Court Cases. New Rule 509
Part A.  Summons Procedures
110.Contents of Summons; Time of Preliminary Hearing. New Rule 510
112.Service of Summons. New Rule 511
113.Procedure in Court Cases Following Issuance of Summons. New Rule 512
Part B.  Arrest Warrant Procedures
119.Requirements for Issuance. New Rule 513
121.Duplicate and Alias Warrants of Arrest. New Rule 514
122.Execution of Arrest Warrant. New Rule 515
123.Procedure in Court Cases When Warrant of Arrest Is Executed Within Judicial District of Issuance. New Rule 516
124.Procedure in Court Cases When Warrant of Arrest Is Executed Outside Judicial District of Issuance. New Rule 517
Part IV:  Proceedings Before Issuing Authorities
140.Preliminary Arraignment. New Rule 540
140A.Waiver of Preliminary Hearing. New Rule 541
141.Preliminary Hearing. New Rule 542
142.Continuance of a Preliminary Hearing. New Rule 543
143.Disposition of Case at Preliminary Hearing. New Rule 544
144.Witnesses: Compulsory Process. New Rule 545
145.Dismissal Upon Satisfaction or Agreement. New Rule 546
146.Return of Transcript and Original Papers. New Rule 547
147.Amendment of Transcript in Court Cases. New Rule 548
148.Compelling Transmission of Papers by Issuing Authority. New Rule 549
149.Pleas of Guilty Before District Justice in Court Cases. New Rule 550
Part V:  Miscellaneous
150.Defects in Form, Content, or Procedure--Court Cases. New Rule 109
151.Withdrawal of Prosecution Before Issuing Authority. New Rule 551
159.Suspension of Acts of Assembly--Chapters 50 and 100. New Rule 1101

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