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Criminal Procedural Rules Committee


Criminal Procedural Revised Rules


These rules are listed by their former numbering system and are presented in PDF format.  See Appendix for the disposition and derivation tables.


CHAPTER 1. SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES

Rule 1. Scope of Rules.
Rule 2. Purpose and Construction.
Rule 3. Definitions.
Rule 4. Citing the Criminal Procedural Rules.
Rule 5. Design of Forms.
Rule 6. Local Rules.


CHAPTER 20. ISSUING AUTHORITIES: VENUE, LOCATION, AND RECORDING OF PROCEEDINGS BEFORE ISSUING AUTHORITY

Rule 21. Venue.
Rule 22. Location of Proceedings before Issuing Authority.
Rule 23. Continuous Availability and Temporary Assignment of Issuing Authorities.
Rule 24. Powers of Temporarily Assigned Issuing Authorities.
Rule 25. Objections to Venue.
Rule 26. Transcript of Proceedings before Issuing Authority.
Rule 27. Publicity and Recording of Proceedings.


CHAPTER 30. PROCEDURES IMPLEMENTING 42 PA.C.S. §§ 4137, 4138, AND 4139: CRIMINAL CONTEMPT POWERS OF DISTRICT JUSTICES, JUDGES OF THE PITTSBURGH MAGISTRATES COURT, AND JUDGES OF THE TRAFFIC COURT OF PHILADELPHIA

Rule 30. Contempt Proceedings before District Justices, Pittsburgh Magistrates Court Judges, and Philadelphia Traffic Court Judges.
Rule 31. Appeals from Contempt Adjudications by District Justices, Pittsburgh Magistrates Court Judges, or Philadelphia Traffic Court Judges.
Rule 32. Procedures Governing Defaults in Payment of Fine Imposed As Punishment for Contempt.
Rule 39. Suspension of Acts of Assembly.


CHAPTER 50. PROCEDURE IN SUMMARY CASES

Committee Introduction to Chapter 50.

PART I. INSTITUTING PROCEEDINGS

Rule 51. Means of Instituting Proceedings in Summary Cases.

PART II. CITATION PROCEDURES
Rule 52. Persons Who Shall Use Citations.
Rule 53. Contents of Citation.

PART IIA. PROCEDURES WHEN CITATION IS ISSUED TO DEFENDANT

Rule 55. Issuance of Citation.
Rule 56. Procedure Following Issuance of Citation.
Rule 57. Pleas in Response to Citation.
Rule 58. Not Guilty Pleas -- Notice of Trial.
Rule 59. Guilty Pleas.

PART IIB. PROCEDURES WHEN CITATION FILED

Rule 60. Filing of Citation.
Rule 61. Procedures Following Filing of Citation -- Issuance of Summons.
Rule 62. Pleas in Response to Summons.
Rule 63. Not Guilty Pleas -- Notice of Trial.
Rule 64. Guilty Pleas.

PART III. PROCEDURES IN SUMMARY CASES WHEN COMPLAINT FILED

Rule 65. Filing of Complaint.
Rule 66. Procedure Following Filing of Complaint -- Issuance of Summons.
Rule 67. Pleas in Response to Summons.
Rule 68. Not Guilty Pleas -- Notice of Trial.
Rule 69. Guilty Pleas.

PART IV. PROCEDURES IN SUMMARY CASES WHEN DEFENDANT IS ARRESTED WITHOUT WARRANT

Rule 70. Arrest without Warrant.
Rule 71. Procedure Following Arrest without Warrant.

PART V. PROCEDURES REGARDING ARREST WARRANTS IN SUMMARY CASES

Rule 75. Issuance of Arrest Warrant.
Rule 76. Procedure When Defendant Arrested with Warrant.

PART VI. GENERAL PROCEDURES IN SUMMARY CASES

Rule 80. Service.
Rule 81. Collateral.
Rule 82. Joinder of Offenses and Defendants.
Rule 83. Trial in Summary Cases.
Rule 84. Trial in Defendant's Absence.
Rule 85. Default Procedures: Restitution, Fines, and Costs.
Rule 86. Appeals.
Rule 87. Withdrawal of Charges in Summary Cases.
Rule 88. Dismissal in Summary Cases Upon Satisfaction or Agreement.
Rule 90. Defects in Form, Content, or Procedure -- Summary Cases.

PART VII. SPECIAL PROCEDURES IN SUMMARY CASES UNDER THE VEHICLE CODE

Rule 91. Procedures Related to License Suspension After Failure to Respond to Citation or Summons.
Rule 92. Disposition Report.

PART VIII. PROCEDURES IN SUMMARY CASES CHARGING PARKING VIOLATIONS

Rule 95. Procedures in Summary Cases Charging Parking Violations.


CHAPTER 100. PROCEDURE IN COURT CASES

PART I. INSTITUTING PROCEDURES
Rule 101. Means of Instituting Proceedings in Court Cases.
Rule 102. Procedure in Court Cases Initiated by Arrest without Warrant.

PART II. COMPLAINT PROCEDURES

Rule 103. Complaint Procedures Generally.
Rule 104. Contents of Complaint.
Rule 105. Complaints: Joinder of Offenses and Defendants.
Rule 106. Approval of Private Complaints.
Rule 107. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth -- Local Option.
Rule 108. Procedure Following Submission of Complaint to Issuing Authority.

PART III. GENERAL RULE: SUMMONS AND ARREST WARRANT PROCEDURES IN COURT CASES

Rule 109. Use of Summons or Warrant of Arrest in Court Cases.

Part A. Summons Procedures
Rule 110. Contents of Summons; Time of Preliminary Hearing.
Rule 112. Service of Summons.
Rule 113. Procedure in Court Cases Following Issuance of Summons.

Part B. Arrest Warrant Procedures
Rule 119. Requirements for Issuance.
Rule 121. Duplicate and Alias Warrants of Arrest.
Rule 122. Execution of Arrest Warrant.
Rule 123. Procedure in Court Cases When Warrant of Arrest Is Executed within Judicial District of Issuance.
Rule 124. Procedure in Court Cases When Warrant of Arrest Is Executed outside Judicial District of Issuance.

PART IV. PROCEEDINGS IN COURT CASES BEFORE ISSUING AUTHORITIES

Rule 140. Preliminary Arraignment.
Rule 140A. Waiver of Preliminary Hearing.
Rule 141. Preliminary Hearing; Continuances.
Rule 142. Disposition of Case at Preliminary Hearing.
Rule 143. Reinstituting Charges Following Withdrawal or Dismissal.
Rule 144. Witnesses: Compulsory Process.
Rule 145. Dismissal upon Satisfaction or Agreement.
Rule 146. Return of Transcript and Original Papers.
Rule 147. Amendment of Transcript in Court Cases.
Rule 148. Compelling Transmission of Papers by Issuing Authority.
Rule 149. Pleas of Guilty Before District Justice in Court Cases.

PART V. MISCELLANEOUS

Rule 150. Defects in Form, Content, or Procedure -- Summary Cases.
Rule 151. Withdrawal of Prosecution Before Issuing Authority.
Rule 159. Suspension of Acts of Assembly -- Chapters 50 and 100.


ACCELERATED REHABILITATIVE DISPOSITION

Committee Introduction

ACCELERATED REHABILITATIVE DISPOSITION -- SUMMARY CASES

Rule 160. Accelerated Rehabilitative Disposition in Summary Cases.
Rule 161. Procedures for Accelerated Rehabilitative Disposition in Summary Cases Before the Minor Judiciary.
Rule 162. Procedures for Accelerated Rehabilitative Disposition in Summary Cases in the Court of Common Pleas -- Local Option.

ACCELERATED REHABILITATIVE DISPOSITION -- COURT CASES

Rule 176. Motion for Accelerated Rehabilitative Disposition.
Rule 177. Application Process and Notice of Motion by Attorney for the Commonwealth.
Rule 178. Hearing, Explanation of Program.
Rule 179. Hearing, Manner of Proceeding.
Rule 180. Deferring Action upon Admission to Program before Information.
Rule 181. Deferring Adjudication of the Charges upon Admission to Program After Information.
Rule 182. Conditions of the Program.
Rule 183. Procedure upon Refusal to Accept the Conditions.
Rule 184. Procedure on Charge of Violation of Conditions.
Rule 185. Procedure for Obtaining Order for Dismissal upon Successful Completion of the Program .
Rule 186. Expungement upon Successful Completion of ARD Program.


CHAPTER 200. INFORMATIONS AND INVESTIGATING GRAND JURIES

Rule 224. Withdrawal of Charges by Attorney for the Commonwealth.

PART I. INFORMATIONS

Rule 225. Information: Filing, Contents, Function.
Rule 227. Copy of Information to Be Furnished Defendant.
Rule 228. Joinder of Offenses in Information.
Rule 229. Amendment of Information.
Rule 231. Presentation of Information without Preliminary Hearing.
Rule 232. Application of Indictment Statutes to Information.

PART II. INVESTIGATING GRAND JURIES

Investigating Grand Juries Introduction

Rule 251. Motion and Order for Investigating Grand Jury
Rule 252. Summoning Investigating Grand Jurors.
Rule 253. Composition and Organization of the Investigating Grand Jury.
Rule 255. Administering Oath to Stenographer.
Rule 256. Administering Oath to Court Personnel.
Rule 257. Administering Oath to Grand Jury and Foreman.
Rule 258. Charge to Investigating Grand Jury.
Rule 259. Administering Oath to Witness.
Rule 260. Recording of Proceedings before Investigating Grand Jury.
Rule 261. Control of Investigating Grand Jury Transcript/Evidence.
Rule 263. Disclosure of Testimony Before Investigating Grand Jury.
Rule 264. Who May Be Present During Session of an Investigating Grand Jury.

PART III. STATEWIDE OR REGIONAL INVESTIGATING GRAND JURIES

Rule 270. Applicability of Investigating Grand Jury Rules.
Rule 271. Summoning Jurors for Statewide or Regional Investigating Grand Juries.
Rule 272. Providing Prospective Jurors for Statewide or Regional Investigating Grand Juries.
Rule 273. Location of Statewide or Regional Investigating Grand Juries.
Rule 274. Venue.


CHAPTER 300. PRETRIAL PROCEDURES

Rule 301. Continuances.
Rule 302. Attorneys -- Appearances and Withdrawals.
Rule 303. Arraignment.
Rule 304. Bill of Particulars.
Rule 305. Pretrial Discovery and Inspection.
Rule 306. Omnibus Pretrial Motion for Relief.
Rule 307. Time for Omnibus Pretrial Motion and Service.
Rule 310. Disposition of Pretrial Motions.
Rule 311. Pretrial Conference.
Rule 312. Motion for Change of Venue or Change of Venire.
Rule 313. Nolle Prosequi.
Rule 314. Court Dismissal Upon Satisfaction or Agreement.
Rule 315. Motion for Dismissal.
Rule 316. Assignment of Counsel.
Rule 317. Application for the Assignment of Counsel.
Rule 318. Waiver of Counsel.
Rule 319. Pleas and Plea Agreements.
Rule 320. Withdrawal of Plea of Guilty.
Rule 323. Suppression of Evidence.
Rule 324. Motion for Return of Property.
Rule 326. Special Orders Governing Widely-Publicized or Sensational Cases.
Rule 327. Public Discussion of Pending or Imminent Criminal Litigation by Court Personnel.
Rule 328. Photography and Broadcasting in the Courtroom and Its Environs.
Rule 340. Suspension of Acts of Assembly.


SUBCHAPTER 350-- SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED

Rule 351. Applicability of Subchapter.
Rule 352. Notice of Aggravating Circumstances.
Rule 353. Guilty Plea Procedure.
Rule 354. Procedure When Jury Trial Is Waived.
Rule 355. No Sealed Verdict.
Rule 356. Closing Arguments at Sentencing Hearing.
Rule 357. Sentencing Verdict Slip.
Rule 358A. Form for Jury Sentencing Verdict Slip.
Rule 358B. Form for Trial Judge Sentencing Verdict Slip.
Rule 359. Sentence.
Rule 360. Post-Sentence Motion.


CHAPTER 1100. TRIAL

Rule 1100. Prompt Trial.
Rule 1101. Waiver of Jury Trial.
Rule 1102. Procedure When Jury Trial Is Waived.
Rule 1103. Consent to be Tried by Less Than Twelve Jurors.
Rule 1104. Juror Qualification Form, Lists of Trial Jurors, and Challenge to the Array.
Rule 1105. Presence of Judge.
Rule 1106. Examination and Challenges of Trial Jurors.
Rule 1107. Juror Information Questionnaire.
Rule 1108. Alternate Trial Jurors.
Rule 1109. Exhaustion of the Jury Panel.
Rule 1110. Swearing the Trial Jury to Hear the Cause.
Rule 1111. Sequestration of Trial Jurors.
Rule 1112. View by Jury.
Rule 1113. Note Taking by Jurors.
Rule 1114. Material Permitted in Possession of the Jury.
Rule 1115. Exceptions.
Rule 1116. Opening Statements and Closing Arguments.
Rule 1117. Presence of the Defendant.
Rule 1118. Mistrial.
Rule 1119. Request for Instructions, Charge to the Jury, and Preliminary Instructions.
Rule 1120. Verdicts.
Rule 1121. Sealed Verdict.
Rule 1122. Time for Court Action Following Non-Jury Trial.
Rule 1124. Challenges to Sufficiency of Evidence.
Rule 1124A. Challenges to the Weight of the Evidence.
Rule 1125. Motion for Judgment of Acquittal After Discharge of Jury.
Rule 1126. Number of Peremptory Challenges.
Rule 1127. Joinder -- Trial of Separate Indictments or Informations.
Rule 1128. Severance of Offenses or Defendants.


CHAPTER 1400. SENTENCING

Rule 1401. Sentencing Judge.
Rule 1402. Pleas of Guilty to Multiple Offenses.
Rule 1403. Aids in Imposing Sentence.
Rule 1404. Disclosure of Pre-Sentence Reports.
Rule 1405. Procedure at Time of Sentencing.
Rule 1406. Imposition of Sentence.
Rule 1407. Fines or Costs.
Rule 1408. Documents Transmitted to Prison.
Rule 1409. Violation of Probation, Intermediate Punishment, or Parole: Hearing and Disposition.
Rule 1410. Post-Sentence Proceedings; Appeal.
Rule 1411. Procedures for Commonwealth Challenges to Sentencing; Appeals.
Rule 1415. Suspension of Acts of Assembly.


CHAPTER 1500. POST-CONVICTION COLLATERAL PROCEEDINGS

Rule 1500. Scope.
Rule 1501. Initiation of Post-Conviction Collateral Proceedings.
Rule 1502. Content of Petition for Post-Conviction Collateral Relief; Request for Discovery.
Rule 1503. Docketing and Assignment.
Rule 1504. Appointment of Counsel; In Forma Pauperis.
Rule 1505. Amendment and Withdrawal of Petition for Post-Conviction Collateral Relief.
Rule 1506. Answer to Petition for Post-Conviction Collateral Relief.
Rule 1507. Disposition without Hearing.
Rule 1508. Hearing.
Rule 1509. Procedures for Petitions in Death-Penalty Cases: Hearing; Disposition.
Rule 1510. Appeal.


CHAPTER 1700. HABEUS CORPUS

Rule 1701. Habeas Corpus Venue.


CHAPTER 2000. SEARCH WARRANTS

Rule 2001. Who May Issue.
Rule 2002. Purpose of Warrant.
Rule 2002A. Approval of Search Warrant Applications by Attorney for the Commonwealth -- Local Option.
Rule 2003. Requirements for Issuance.
Rule 2004. Person to Serve Warrant.
Rule 2005. Contents of Search Warrant.
Rule 2006. Contents of Application for Search Warrant.
Rule 2007. Manner of Entry Into Premises.
Rule 2008. Copy of Warrant; Receipt for Seized Property.
Rule 2009. Return with Inventory.
Rule 2010. Return of Papers to Clerk.
Rule 2011. Sealing Search Warrant Affidavits.
Rule 2020. Suspension of Acts of Assembly -- Chapter 2000.


CHAPTER 4000. BAIL

Committee Introduction

PART I. PROCEDURES FOR PRE-VERDICT RELEASE

Rule 4001. Bail before Verdict.
Rule 4002. Release Criteria.
Rule 4003. Types of Release on Bail.
Rule 4004. Bail Bond.
Rule 4005. Conditions of Bail Bond.
Rule 4006. Nonmonetary Conditions of Release on Bail.
Rule 4007. Monetary Condition of Release on Bail.
Rule 4008. Modification of Bail Order Prior to Verdict.

PART II. PROCEDURES FOR POST-VERDICT RELEASE

Rule 4009. Bail after Finding of Guilt.

PART III. GENERAL PROCEDURES IN ALL BAIL CASES

Rule 4010. Duties and Powers of a Bail Agency.
Rule 4011. Qualifications of Surety.
Rule 4012. Substitution of Surety or Security.
Rule 4013. Increased Amount of Monetary Condition of Bail.
Rule 4014. Duration of Obligation.
Rule 4015. Receipt for Deposit; Return of Deposit.
Rule 4016. Procedures Upon Violation of Conditions: Revocation of Release and Forfeiture; Bail Pieces; Exoneration of Surety.

PART IV. BAIL PROCEDURES FOR MATERIAL WITNESSES

Rule 4017. Detention of Witnesses.


CHAPTER 6000. RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT

Rule 6000. Detention of Witnesses.
Rule 6001. Disposition of Criminal Cases -- Philadelphia Municipal Court.
Rule 6002. Procedure in Summary Cases.
Rule 6003. Procedure in Non-Summary Municipal Court Cases.
Rule 6004. Arraignment Prior to Trial.
Rule 6005. Pretrial Applications for Relief.
Rule 6006. Notice of Right to Appeal or to Petition for Certiorari; Guilty Plea Challenge Procedure.
Rule 6007. Challenge to Guilty Plea.
Rule 6008. Contents of Notice of Appeal or Petition for Certiorari.
Rule 6009. Notice to Municipal Court Judge and Attorney for the Commonwealth of Appeal or of Petition for Certiorari.
Rule 6010. Procedure on Appeal.
Rule 6011. Bail.
Rule 6012. Recording and Transcribing Municipal Court Proceedings; Admissibility of Testimony at Trial De Novo.
Rule 6013. Prompt Trial -- Municipal Court.


CHAPTER 9000. GENERAL PROVISIONS

Rule 9015. Preservation of Testimony After Institution of Criminal Proceedings.
Rule 9015A. Preservation of Testimony by Videotape Recording.
Rule 9016. Contents of Subpoena.
Rule 9017. Contents of Order for Expungement.
Rule 9020. Motions.
Rule 9021. Answers.
Rule 9022. Filing.
Rule 9023. Service.
Rule 9024. Notice of Court Proceeding(s) Requiring Defendant's Presence.
Rule 9025. Notice and Docketing of Orders.
Rule 9030. Recording and Transcribing Court Proceedings.
Rule 9998. Abolition of Practice and Procedure Under Repealed Statutes.

Text of New Rules (an amalgamated rule combining former Rules 90 and 150)

Appendix


Supreme Court Order Adopting the Reorganization, Renumbering

Final Report to the Reorganization, Renumbering


Last updated 12-6-00 1338 by gle

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