VERSION 4 Modification 4.23 July 3, 2000 Page 1 of 3 INSERT THIS PAGE BETWEEN THE FOLLOWING PAGES: L2 AND L3, TRAFFIC/NON-TRAFFIC MANUAL L2 AND L3, CRIMINAL MISCELLANEOUS DOCKET MANUAL Rule 21 - Change of Venue The Court by its Order of April 20, 2000 has adopted amendments to Rule 21 (Venue; Transfer of Proceedings) and Rule 4015 (Receipt for Deposit: Return of Deposit), all of which took effect July 1, 2000. These rule changes provide uniform procedures for the institution or transfer of proceedings in cases in which there are multiple charges in more than one judicial district, or multiple charges in more than one magisterial district within one judicial district, arising from a single criminal episode. To accommodate these amendments to Rule 21, a new Transfer Reason Code ATTY (Rule21-Atty Agree/Request) has been added to the Reason Code pop-up window on the Transfer a Case screen. The Transfer Notice (AOPC 625-00) will now print the Reason for Transfer. In addition, when the reason code ATTY has been selected on the Transfer a Case screen, the Agreement Date or Request Date must be entered. The date description on the Detailed Docket Inquiry screen when you browse a transfer action has been changed to read "Agree/Request Filed." With regard to Venue, Rule 21 has been amended to provide that: a. When charges arising from the same criminal episode occur in more than one magisterial district within the same judicial district, the criminal proceeding on all the charges should be brought before one District Justice in any one of the magisterial districts in which the charges arising from the same criminal episode occurred. See Rule 21(A)(2). VERSION 4 Modification 4.23 July 3, 2000 Page 2 of 3 b. When charges arising from the same criminal episode occur in more than one judicial district, the criminal proceeding on all the charges should be brought before one District Justice in a magisterial district within any of the judicial districts in which the charges arising from the same criminal episode occurred. See Rule 21(A)(3). In addition, Rule 21 now provides a Transfer of Proceedings section which provides that: a. Prior to the completion of the preliminary hearing, when the charges arise from a single criminal episode which occurred in more than one judicial district and: 1. were filed in more than one judicial district, OR 2. were only filed in one judicial district, the District Justice shall transfer the proceedings to the magisterial district selected by the attorneys for the Commonwealth, provided the attorneys for the Commonwealth file a written agreement with the issuing authority. See Rule 21(B)(1)(a)(i)&(ii). b. Prior to the completion of the preliminary hearing, when charges arising from a single criminal episode which occurred in more than one magisterial district and: 1. were filed in more than one magisterial district, OR 2. were only filed in one magisterial district, the District Justice shall transfer the proceedings to the magisterial district selected by the attorney for the Commonwealth. See Rule 21(B)(1)(b)(i)&(ii). VERSION 4 Modification 4.23 July 3, 2000 Page 3 of 3 c. Although Rule 21 applies to summary offenses, the rule does not set forth any procedure for the transfer of summary offenses. Further, new subsection E of Rule 4015 provides that when a case is transferred pursuant to Rule 21(B), the full bail deposit shall be promptly forwarded to the transfer judicial district, together with any bail-related fees, commissions, or costs paid by the depositor.