IN RE: ORDER AMENDING RULES 1005, 1006, AND 1007 OF THE PENNSYLVANIA RULES OF CRIMINAL PROCEDURE
NOW, this 9th day of November, 2017, upon
the recommendation of the Criminal Procedural Rules
Committee; the proposal having been published before adoption
at 47 Pa.B. 186 (January 14, 2017), and a Final
Report to be published with this ORDER:
IS ORDERED pursuant to Article V, Section 10 of the
Constitution of Pennsylvania that Pennsylvania Rules of
Criminal Procedure 1005, 1006, and 1007 are amended, in the
ORDER shall be processed in accordance with
Pa.R.J.A. No. 103(b), and shall be effective January 1, 2018.
to the rules are shown in bold and are underlined.
from the rules are shown in bold and brackets.
1005. PRETRIAL APPLICATION FOR RELIEF.
pretrial applications for relief including those for
suppression of evidence may be made orally or in writing. If
in writing, a copy of the application shall be submitted
prior to trial to the attorney for the Commonwealth.
Pretrial applications shall be heard on the day set for trial
immediately prior to the trial. If the decision is adverse to
the Commonwealth, the Court shall grant the Commonwealth a
continuance upon motion of the attorney for the Commonwealth
to give the attorney for the Commonwealth the opportunity to
take an appeal.
Commonwealth's appeal shall be taken not later than 30
days from the date of the decision on the pretrial
After an appeal pursuant to this rule is filed, and the
Commonwealth has certified in the notice of appeal that the
order will terminate or substantially handicap the
prosecution, the Municipal Court shall take no further action
in the case, unless otherwise provided in these rules.
NOTE: Rule 6005 adopted December 30, 1968, effective January
1, 1969; amended July 1, 1980, effective August 1, 1980;
renumbered Rule 1005 and amended March 1, 2000, effective
April 1, 2001 [.] ; amended November 9, 2017, effective
January 1, 2018.
* * * * * *
COMMITTEE EXPLANATORY REPORTS:
Final Report explaining the March 1, 2000 reorganization
and renumbering of the rules published with the Court's
Order at 30 Pa.B. 1478 (March 18, 2000).
Final Report explaining the November 9, 2017 amendment
regarding the effect that taking an appeal has on the ability
of the Municipal Court to take further action in a case
published with the Court's Order at 47 Pa.B. (___,
1006. NOTICE OF RIGHT TO APPEAL OR TO PETITION FOR
CERTIORARI; GUILTY PLEA CHALLENGE PROCEDURE.
(A)Immediately after the imposition of sentence, the
judge shall inform the defendant:
the case of a trial and verdict of guilty:
(a) of the right to file a petition for a writ of
certiorari within 30 days without costs or to appeal
for trial de novo within 30 days without costs;
(b) of the right to jury trial on appeal; and
(c) that the charge on which the defendant was found guilty
in the Municipal Court will be considered by the district
attorney as the basis for the preparation of an information