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PA Bulletin, Doc. No. 02-2049


Title 255--LOCAL


Adoption of Rule 311*(C). Notice of Filing--ARD Application; No. Misc. 797 Oct. 02

[32 Pa.B. 5636]


   And Now, this 28th day of October, 2002, the Court hereby adopts Montgomery County Local Rule of Criminal Procedure, Rule 311*(C). Notice of Filing--ARD Application. This Rule shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.

   The Court Administrator is directed to publish this Order once in the Montgomery County Law Reporter and in the Legal Intelligencer. In conformity with Pa.R.Crim.P. 105, seven (7) certified copies of the within Order shall be filed by the Court Administrator with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One (1) certified copy shall be filed with the Criminal Procedural Rules Committee. One (1) copy shall be filed with the Prothonotary, one (1) copy with the Clerk of Courts, one (1) copy with the Court Administrator of Montgomery County, one (1) copy with the Law Library of Montgomery County and one (1) copy with each Judge of this Court.

By the Court

President Judge

Rule 311*(C).  Notice of Filing--ARD Application.

   A request for inclusion into the ARD program shall be made to the District Attorney by the defendant or the defendant's attorney on or before the date of Arraignment at the Common Pleas level. The request shall be in the form of an application filed with the District Attorney, and a ''Notice of Filing'' filed with the Clerk of Courts Office. Said ''Notice of Filing'', including Rule 600 Waiver, shall be in the following form:



V. : For Office Use Only


Accelerated Rehabilitative Disposition (ARD) Application

   I, _________________ , the undersigned, hereby state that I have filed an Application for the Accelerated Rehabilitative Disposition Program with the District Attorney's Office, Fourth Floor, Court House, Norristown, PA.

   I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities.

_________________                  ______
Signature of Defendant/                Date
   Defense Counsel


   I understand that under Rule 600 of the Pennsylvania Rules of Criminal Procedure my trial in Montgomery County Court must begin on or before the 180th day from the filing of the Criminal Complaint if I am incarcerated. I understand that my trial must begin on or before the 365th day from filing of the Criminal Complaint if I am not incarcerated. I further understand that the charges against me may be dismissed if my trial does not commence within the time allowed under Rule 600, and that by signing this waiver I am giving up my right to be tried within the time allowed under Rule 600. I am agreeing that my trial may begin after the Rule 600 time limit.

   I have not been made any promises, nor have I been forced to sign this waiver. I read and write the English language, or this waiver has been explained to me in a language that I understand.

Check and complete as appropriate:

   (      )  I am presently on bail--the 365th day is
______ , 20 ____ .

   (      )  I am presently incarcerated--the 180th day is
______ , 20 ____ .

   (      )  I have reviewed this waiver with my attorney.

   (      )  I do not have an attorney, and I do not wish to consult with an attorney concerning this waiver.

_________________                  ______
Signature of Defendant                   Date

_________________                  ______
Signature of Defense Counsel          Date

Original Clerk of Courts
Yellow Copy District Attorney
Pink Copy Defendant/Defense Counsel               (Revised 9-02)
[Pa.B. Doc. No. 02-2049. Filed for public inspection November 15, 2002, 9:00 a.m.]

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