Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Order Amending Rules 1005

Supreme Court of Pennsylvania

November 9, 2017

IN RE: ORDER AMENDING RULES 1005, 1006, AND 1007 OF THE PENNSYLVANIA RULES OF CRIMINAL PROCEDURE

         CRIMINAL PROCEDURAL RULES

          ORDER

          PER CURIAM.

         AND 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:

         IT 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 attached form.

         This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective January 1, 2018.

         Additions to the rules are shown in bold and are underlined.

         Deletions from the rules are shown in bold and brackets.

         RULE 1005. PRETRIAL APPLICATION FOR RELIEF.

         (A) All 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.

         (B) 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.

         (C) The Commonwealth's appeal shall be taken not later than 30 days from the date of the decision on the pretrial application.

         (D) 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. (___, 2017).

         RULE 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:

         (1) in 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.