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COMMONWEALTH OF PENNSYLVANIA

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234 Pa. Code Rule 113. Criminal Case File and Docket Entries.

Rule 113. Criminal Case File and Docket Entries.

 (A)  The clerk of courts shall maintain the criminal case file for the court of common pleas. The criminal case file shall contain all original records, papers, and orders filed in the case, and copies of all court notices. These records, papers, orders, and copies shall not be taken from the custody of the clerk of court without order of the court. Upon request, the clerk shall provide copies at reasonable cost.

 (B)  The clerk of courts shall maintain a list of docket entries: a chronological list, in electronic or written form, of documents and entries in the criminal case file and of all proceedings in the case.

 (C)  The docket entries shall include at a minimum the following information:

   (1)  the defendant’s name;

   (2)  the names and addresses of all attorneys who have appeared or entered an appearance, the date of the entry of appearance, and the date of any withdrawal of appearance;

   (3)  notations concerning all papers filed with the clerk, including all court notices, appearances, pleas, motions, orders, verdicts, findings and judgments, and sentencings, briefly showing the nature and title, if any, of each paper filed, writ issued, plea entered, and motion made, and the substance of each order or judgment of the court and of the returns showing execution of process;

   (4)  notations concerning motions made orally or orders issued orally in the courtroom when directed by the court;

   (5)  a notation of every judicial proceeding, continuance, and disposition;

   (6)  a notation if the defendant was under the age of 18 at the time of the commission of the alleged offense and charged with one of the offenses excluded from the definition of ‘‘delinquent act’’ in paragraphs (2)(i), (2)(ii), and (2)(iii) of 42 Pa.C.S. §  6302;

   (7)  the location of exhibits made part of the record during the proceedings; and

   (8)  all other information required by Rules 114 and 576.

 (D)  If a judicial district has provided for electronic filing pursuant to Rule 576.1, the criminal case file in which electronic filing has been utilized may be maintained solely in an electronic format as long as copies of the documents maintained in the criminal case file may be produced in a physical paper format.

Comment

   This rule sets forth the mandatory contents of the list of docket entries and the criminal case files. This is not intended to be an exhaustive list of what is required to be recorded in the docket entries. The judicial districts may require additional information be recorded in a case or in all cases.

   The list of docket entries is a running record of all information related to any action in a criminal case in the court of common pleas of the clerk’s county, such as dates of filings, of orders, and of court proceedings. The clerk of courts is required to make docket entries at the time the information is made known to the clerk, and the practice in some counties of creating the list of docket entries only if an appeal is taken is inconsistent with this rule.

   Nothing in this rule is intended to preclude the use of automated or other electronic means for time stamping or making docket entries.

   This rule applies to all proceedings in the court of common pleas at any stage of a criminal case.

   The requirement in paragraph (C)(2) that all attorneys and their addresses be recorded makes certain there is a record of all attorneys who have appeared for any litigant in the case. The requirement also ensures that attorneys are served as required in Rules 114 and 576. See also Rule 576(b)(4) concerning certificates of service.

   In those cases in which the attorney has authorized receiving service by facsimile transmission or electronic means, the docket entry required in paragraph (C)(2) must include the facsimile number or electronic address.

   Paragraph (C)(4) recognizes that occasionally disposition of oral motions presented in open court should be reflected in the docket, such as motions and orders related to omnibus pretrial motions (Rule 578), motions for a mistrial (Rule 605), motions for changes in bail (Rule 529), and oral motions for extraordinary relief (Rule 704(B)).

   Unexecuted search warrants are not public records, see Rule 212(B), and therefore are not to be included in the criminal case file nor are they to be docketed.

   Official Note

   Former Rule 9024 adopted October 21, 1983, effective January 1, 1984; amended March 22, 1993, effective as to cases in which the determination of guilt occurs on or after January 1, 1994; renumbered Rule 9025 June 2, 1994, effective September 1, 1994. New Rule 9024 adopted June 2, 1994, effective September 1, 1994; renumbered Rule 113 and amended March 1, 2000, effective April 1, 2001; rescinded March 3, 2004 and replaced by Rule 114(C), effective July 1, 2004. New Rule 113 adopted March 3, 2004, effective July 1, 2004; amended July 31, 2012, effective November 1, 2012; Comment revised October 22, 2013; effective January 1, 2014; amended January 25, 2018, effective May 1, 2018.

   Committee Explanatory Reports:

   Final Report explaining the provisions of the new rule published with the Court’s Order at 34 Pa.B. 1561 (March 20, 2004).

   Final Report explaining the July 31, 2012 amendment adding new paragraph (6) concerning defendants under the age of 18 published with the Court’s Order at 42 Pa.B. 5340 (August 18, 2012).

   Final Report explaining the October 22, 2013 revisions to the Comment regarding the unexecuted search warrants published with the Court’s Order at 43 Pa.B. 6652 (November 9, 2013).

   Final Report explaining January 25, 2018 amendment providing for maintenance of electronically filed documents published with the Court’s Order at 48 Pa.B. 861 (February 10, 2018).

Source

   The provisions of this Rule 113 adopted March 3, 2004, effective July 1, 2004, 34 Pa.B. 1547; amended July 31, 2012, effective November 1, 2012, 42 Pa.B. 5333; amended October 22, 2013, effective January 1, 2014, 43 Pa.B. 6649; amended January 25, 2018, effective May 1, 2018, 48 Pa.B. 856 and 48 Pa.B. 2759; amended January 4, 2022, effective July 1, 2022, 52 Pa.B. 346. Immediately preceding text appears at serial pages (390576) and (407895) to (407896).



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