reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XV - ADOPTIONS › Rule 15.15 - Petition for Adoption of a Foreign Born Child

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Rule.
Prospective Adoptive Parents or adopting parents who are residents of the
				Commonwealth may petition the court in any county as provided in
				23 Pa.C.S. §
										2302 to
				proceed with an adoption of their foreign born child who has entered the United
				States pursuant to an IR-2, IR-3, IH-3, IR-4 or IH-4 United States
				Visa.
(b)
Required
				Documents.
The following documents shall be filed in the following
				order with the clerk:
(1) Preliminary
				Decree;
(2) Final Decree;
(3) Petition for Adoption of a Foreign Born
				Child with a verification signed by the petitioners stating that the facts set
				forth therein are true and correct under penalties of
				18 Pa.C.S. §
											4904;
(4) Copy of United States Visa;
(5) Reports of investigations, home studies,
				preplacement and postplacement;
(6)
				Copy of birth certificate of foreign born child (if available), with an English
				translation for those birth certificates not in English, certified by the
				translator to be a true and correct translation;
(7) Copy of any other relevant foreign
				decrees and documents with an English translation for those decrees and
				documents not in English, certified by the translator to be a true and correct
				translation;
(8) Consents of any
				person or agency having custody or legal or physical rights to the
				child;
(9) Report of Intermediary
				(if an intermediary was involved) with a verification signed by the
				intermediary stating that the facts set forth therein are true and correct
				under penalties of
				18 Pa.C.S. §
											4904;
(10) Pennsylvania Department of Health,
				Division of Vital Records Form No. HD01273F, Certificate of Adoption of a
				Foreign-Born Child with Parts 1 and 2 (and Part 3, if applicable)
				completed;
(11) Pennsylvania
				Department of Health, Division of Vital Records Form No. HD01275F, Statement of
				Citizenship and Residency; and
(12)
				A copy of U.S. Government Form N-560, Certificate of Citizenship, or a copy of
				the child's United States passport, or both, if the documents are
				available.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XV - ADOPTIONS › Rule 15.16 - Notice and Service in Subsequent Petitions Regarding Contact Agreements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Service
				of the Petition.
(1) The petitioner
				shall mail by first-class United States mail, postage prepaid a copy of any
				petition to modify, enforce, or discontinue the Contact Agreement and a notice
				that a responsive pleading must be filed with the clerk within 20 days from the
				date indicated on the petition or notice letter, whichever is later, to the
				following:
(A) all parties to the Contact
				Agreement;
(B) the adopted child
				who is the subject of the Contact Agreement if he or she has attained 12 years
				of age at the time of the petition's filing;
(C) any sibling of the adopted child who has
				continuing contact or communication with the adopted child under the terms of
				the Contact Agreement; and
(D) all
				counsel who entered an appearance for any party, including appearing as counsel
				or guardian
ad litem
for the adopted child, in the proceeding
				to approve the Contact Agreement or who have filed an entry of an appearance in
				the current proceeding.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XV - ADOPTIONS › Rule 15.17 - Petition to Modify a Contact Agreement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
By filing
				a petition under
				23 Pa.C.S. §
										2737
				with the court that entered the adoption decree, the adopting parents or the
				adopted child, if he or she has attained 12 years of age, may seek to modify
				the Contact Agreement.
(b)
Contents of petition to modify.
The petition to modify the
				Contact Agreement shall set forth specific averments to establish the following
				facts:
(1) the age and birth date of the
				adopted child;
(2) the date when
				the court approved the Contact Agreement and that such date was on or before
				the date of the adoption decree;
(3) whether the adopted child was then
				represented by a guardian
ad litem
;
(4) whether the adopted child either signed a
				separate written consent agreeing to the Contact Agreement or signed the
				Contact Agreement as evidence of his or her consent, or that the adopted child
				had not attained 12 years of age at the time of the execution of the Contact
				Agreement;
(5) whether there are
				siblings of the adopted child who have continuing contact or communication with
				the adopted child under the terms of the Contact Agreement, and if so, the
				names, ages, and birth dates of such siblings, the names of previously
				appointed guardians
ad litem
, if any, and who such guardian
ad litem
represented;
(6) a description of the proposed
				modification; and
(7) the reasons
				why the proposed modification will serve the needs, welfare and best interest
				of the adopted child.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XV - ADOPTIONS › Rule 15.18 - Petition to Enforce a Contact Agreement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General Rule.
By filing
				a petition under
				23 Pa.C.S. §
										2738,
				any party to the Contact Agreement, the adopted child, or a sibling who has
				continuing contact or communication with the adopted child under the terms of
				the Contact Agreement may seek to enforce the terms of the Contact
				Agreement.
(b)
Contents of
				petition to enforce.
The petition to enforce the Contact Agreement
				shall set forth specific averments to establish the following facts:
(1) the age and birth date of the adopted
				child;
(2) the date when the court
				approved the Contact Agreement and that such date was on or before the date of
				the adoption decree;
(3) whether
				the adopted child was then represented by a guardian
ad litem
;
(4) whether the adopted child
				either signed a separate written consent agreeing to the Contact Agreement or
				signed the Contact Agreement evidencing his or her consent, or that the adopted
				child had not attained 12 years of age at the time of the execution of the
				Contact Agreement;
(5) whether
				there are siblings of the adopted child who have continuing contact or
				communication with the adopted child under the terms of the Contact Agreement,
				and if so, the names, ages, and birth dates of such siblings, the names of
				previously appointed guardians
ad litem
, if any, and who such
				guardians
ad litem
represented;
(6) whether the party seeking enforcement is
				in substantial compliance with the terms of the Contact Agreement;
(7) the identity of the party who has
				breached the Contact Agreement and the nature and circumstances of the breach;
				and
(8) that enforcement of the
				Contact Agreement serves the needs, welfare and best interest of the adopted
				child.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XV - ADOPTIONS › Rule 15.19 - Petition to Discontinue a Contact Agreement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
By filing
				a petition under
				23 Pa.C.S. §
										2739
				with the court that entered the adoption decree, any party to the Contact
				Agreement or the adopted child if he or she has attained 12 years of age may
				seek to discontinue the Contact Agreement.
(b)
Contents of petition to
				discontinue.
The petition to discontinue the Contact Agreement shall
				set forth specific averments to establish the following facts:
(1) the age and birth date of the adopted
				child;
(2) the date when the court
				approved the Contact Agreement and that such date was on or before the date of
				the adoption decree;
(3) whether
				the adopted child was then represented by a guardian
ad litem
;
(4) whether the adopted child
				either signed a separate written consent agreeing to the Contact Agreement or
				signed the Contact Agreement evidencing his or her consent, or that the adopted
				child had not attained 12 years of age at the time of the execution of the
				Contact Agreement;
(5) whether
				there are siblings of the adopted child who have continuing contact or
				communication with the adopted child under the terms of the Contact Agreement,
				and if so, the names, ages, and birth dates of such siblings, the names of
				previously appointed guardians
ad litem
, if any, and who such
				guardian
ad litem
represented;
(6) the reasons why the petitioner seeks to
				discontinue the Contact Agreement; and
(7) why discontinuance of the Contact
				Agreement serves the needs, welfare and best interest of the adopted
				child.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XV - ADOPTIONS › Rule 15.20 - Collection of Documents and Maintenance of Court File

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The clerk where parental rights were
				terminated and the clerk where the adoption decree is entered shall maintain as
				a permanent court file all court records pertaining to the adoption, including
				the docket, all petitions, exhibits, reports, notes of testimony, decrees and
				other filed legal papers.
(b) The
				clerk where parental rights were terminated and the clerk where the adoption
				decree is entered shall also accept the following items that shall then become
				part of the permanent court file:
(1) a
				statement of medical, personal, or social history information filed by a birth
				parent, a survivor of a deceased birth parent, the adopted individual who is
sui juris
, the legal or natural guardian of a non-
sui
				juris
adopted individual, or the descendant of a deceased adopted
				individual;
(2) a form promulgated
				by the Department containing medical, personal, or social history information
				completed by an individual named in subparagraph (1);
(3) an authorization or consent form signed
				by a birth parent permitting the release of identifying information, including,
				but not limited to, any signed form promulgated by the Department to authorize
				the release of identifying information and any signed form promulgated by the
				Department of Health granting the issuance of a summary of the adopted
				individual's original birth record with identifying information about the birth
				parent;
(4) a form signed by a
				birth parent withholding the release of identifying information or revoking a
				prior authorization or consent given, including any such form promulgated by
				the Department or the Department of Health that is signed by the birth parent;
				and
(5) a notification from the
				Department given in accordance with
				23 Pa.C.S. §
											2915(c)(4) that an agency
				has closed and transferred its case records to another agency.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XV - ADOPTIONS › Rule 15.21 - Privacy; Withholding the Court File from Inspection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All court records and all other documents
				in the court file, including, but not limited to, completed statements of
				medical, personal, or social history information, signed authorization or
				consent forms, signed forms withholding or revoking authorization, requests for
				identifying or non-identifying information, and attorney records shall be
				withheld from inspection except as provided by
				23 Pa.C.S. §§
										2931
et seq.
and Rule
				15.22.
(b) Except as provided in
				(d), the docket, court records, and all other documents in the court file shall
				be closed.
(c) Certificates of
				adoption shall be issued as provided in
				23 Pa.C.S. §
										2907,
				reciting that the court has granted the adoption, but not disclosing the names
				of the birth parents or the name of the adopted individual before
				adoption.
(d) No decision under the
				Adoption Act of any hearing judge or an appellate court publicly reported or in
				any other way made available to the public by the court shall disclose the
				identity of the individual parties.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XVI - PROCEEDINGS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT › Rule 16.1 - Definitions; Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As used in
				this Rule , the following words shall have the following meaning:
"Act"- the Act of June 11, 1982, P. L. 476, No. 138, as
				  amended,
				  18 Pa.C.S. §
											3201 et.
				  seq., known as the Abortion Control Act ;
"Applicant"- a pregnant woman:
(i) who is less than eighteen years of age
				and not emancipated or
(ii) a
				person acting on behalf of a pregnant woman who has been adjudged an
				incapacitated person pursuant to Chapter 55 of Title 20 (relating to
				incapacitated persons) ;
"Application"-a legal paper, including a motion or
				  petition;
"Court"- the Orphans' Court Division of the Court of Common
				  Pleas, except in proceedings brought:
(a) in Philadelphia in which the applicant is
				a minor in which case the term "court" means the Family Court
				Division;
(b) in Allegheny County
				where said proceedings shall be heard in the Juvenile Court Section of the
				Family Court Division;
Note
: See Rule of Judicial Administration
				  2157 governing distribution of business within courts of common pleas.
"Proceeding"- a proceeding pursuant to Section 3206(c) of the
				  Act,
				  18 Pa.C.S. §
												3206(c).
Note
: Section 3206(c) of the Abortion
				  Control Act relates to proceedings seeking authorization for a physician to
				  perform an abortion.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XVI - PROCEEDINGS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT › Rule 16.2 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The proceeding
				shall be confidential.
Note
:
See
subparagraph (b)
				  of this rule governing the sealing of the record.
See
Rule
				  16.6 for provisions governing
				  docketing.
See
Section 3206(f)(3) of the Act for the exclusion
				  of persons from the hearing.
(b) The record, including the application,
				pleadings, submissions, transcripts, exhibits, orders, evidence, findings and
				conclusions and any other written material to be maintained, shall be
				sealed.
(c) The identity of the
				applicant shall not be disclosed in any decision of the proceeding.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XVI - PROCEEDINGS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT › Rule 16.3 - Precedence of Proceeding

Current through Register Vol. 54, No. 28, July 13, 2024
The proceeding shall be given such precedence over other
				  pending matters as will ensure that the court renders a decision within three
				  business days of the date of the filing of the application.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XVI - PROCEEDINGS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT › Rule 16.4 - Commencement; Venue; No Filing Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				The proceeding shall be commenced by filing an application in the appropriate
				division of the court of common pleas of the county in which the applicant
				resides or in which the abortion is sought.
(b) No filing fees or court costs shall be
				required of the applicant.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XVI - PROCEEDINGS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT › Rule 16.5 - Application; Contents; Form of Verification; Assistance in Preparation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The application
				shall set forth the following:
(1) the
				initials of the applicant;
(2) the
				age of the applicant;
(3) the names
				and addresses of each parent, guardian or, if the petitioner is a minor whose
				parents are deceased and no guardian has been appointed, any other person
				standing
in loco parentis
to the applicant;
(4) a statement that the applicant has been
				fully informed of the risks and consequences of the abortion;
(5) a statement whether the applicant is of
				sound mind and has sufficient intellectual capacity to consent to the
				abortion;
(6) a prayer for relief
				asking the court to enter an order authorizing a physician to perform an
				abortion upon applicant;
(7) an
				unsworn verification by the applicant stating that the information therein is
				true and correct and that the applicant is aware that any false statements made
				in the application are subject to the penalties of
				18 Pa.C.S. §
											4904
				relating to unsworn falsification to authorities; and
(8) the signature of the applicant, which may
				consist of the applicant's initials.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XVI - PROCEEDINGS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT › Rule 16.6 - Dockets; Document Maintenance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
				court shall maintain a sealed docket which is not open to public
				inspection.
(b) The proceeding
				shall be docketed by case number only.
(c) The name or initials of the applicant
				shall not be entered on any docket which is subject to public
				inspection.
(d) Documents
				pertaining to the proceeding shall be maintained in a closed file which shall
				be marked "confidential" and identified by the case number only.
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Chapter XVI - PROCEEDINGS PURSUANT TO SECTION 3206 OF THE ABORTION CONTROL ACT › Rule 16.10 - Form; Generally

Current through Register Vol. 54, No. 28, July 13, 2024
The form of application by a minor and form of separate
				  unsworn verification shall be prepared and filed in substantial conformity with
				  the forms approved by the Supreme Court.
Note
: Additional averments will be required
				  for an application filed on behalf of a person who has been adjudged an
				  incapacitated person pursuant to Chapter 55 of Title 20 (relating to
				  incapacitated persons).
Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part II - Orphans' COURT RULES › Appendix - ORPHANS' COURT AND REGISTER OF WILLS FORMS

Current through Register Vol. 54, No. 28, July 13, 2024
ADOPTED BY SUPREME COURT PURSUANT TO Pa. O.C. Rule 1.8
Available as Fill-in Forms on Website of Administrative Office
				of Pennsylvania Courts
www.pacourts.us/forms/for-the-public/orphans-court-forms
Orphans' Court and Administration Forms
Click here
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Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Rule 100 - Scope of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
			 These rules shall govern criminal proceedings in all courts including courts
			 not of record. Unless otherwise specifically provided, these rules shall not
			 apply to juvenile or domestic relations proceedings.
(B) Each of the courts exercising criminal
			 jurisdiction may adopt local rules of procedure in accordance with Rule
			 105.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Rule 101 - Purpose, Application, and Construction of Rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
			 Purpose. These rules are intended to provide for the just determination of every
			 criminal proceeding.
(b) Application.
			 These rules shall be applied to secure simplicity in procedure, fairness in
			 administration, and the elimination of unjustifiable expense and delay.
(c) Construction. In the construction of the
			 Pennsylvania Rules of Criminal Procedure, the principles set forth in Pa.R.J.A. 104
			 to 115 shall be observed.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Rule 102 - Citing the Criminal Procedural Rules

Current through Register Vol. 54, No. 28, July 13, 2024
All criminal procedural rules adopted by the Supreme Court
				under the authority of Article V 10(c) of the Constitution of Pennsylvania,
				adopted April 23, 1968, shall be known as the Pennsylvania Rules of Criminal
				Procedure and shall be cited as "Pa.R.Crim.P. ."
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part A - Business of the Courts › Rule 104 - Design of Forms

Current through Register Vol. 54, No. 28, July 13, 2024
The Court Administrator of Pennsylvania, in consultation with
				  the Criminal Procedural Rules Committee, shall design and publish forms
				  necessary to implement these Rules.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part A - Business of the Courts › Rule 105 - Local Rules

Current through Register Vol. 54, No. 28, July 13, 2024
Procedures for the promulgation and amendment of local
				  criminal procedural rules are set forth in Pennsylvania Rule of Judicial
				  Administration 103(d).
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part A - Business of the Courts › Rule 106 - Continuances in Summary and Court Cases

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The court or issuing authority may, in
				the interests of justice, grant a continuance, on its own motion, or on the
				motion of either party.
(B) When
				the matter is before an issuing authority, the issuing authority shall record
				on the transcript the identity of the moving party and the reasons for granting
				or denying the continuance.
(C)
				When the matter is in the court of common pleas, the judge shall on the record
				identify the moving party and state of record the reasons for granting or
				denying the continuance. The judge also shall indicate on the record to which
				party the period of delay caused by the continuance shall be attributed and
				whether the time will be included in or excluded from the computation of the
				time within which trial must commence in accordance with Rule 600.
(D) A motion for continuance on behalf of the
				defendant shall be made not later than 48 hours before the time set for the
				proceeding. A later motion shall be entertained only when the opportunity
				therefor did not previously exist, or the defendant was not aware of the
				grounds for the motion, or the interests of justice require it.
(E) When a continuance is granted, the notice
				of the new date, time, and location of the proceeding shall be served on the
				parties as provided in these rules.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part A - Business of the Courts › Rule 107 - Contents of Subpoena

Current through Register Vol. 54, No. 28, July 13, 2024
A subpoena in a criminal case shall order the witness named
				  to appear before the court at the date, time, and place specified, and to bring
				  any items identified or described. The subpoena shall also state on whose
				  behalf the witness is being ordered to testify and the identity, address, and
				  phone number of the attorney, if any, who applied for the
				  subpoena.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part A - Business of the Courts › Rule 108 - Habeas Corpus Venue

Current through Register Vol. 54, No. 28, July 13, 2024
(A) A
				petition for writ of habeas corpus challenging the legality of the petitioner's
				detention or confinement in a criminal matter shall be filed with the clerk of
				courts of the judicial district in which the order directing the petitioner's
				detention or confinement was entered.
(B) A petition for writ of habeas corpus
				challenging the conditions of the petitioner's confinement in a criminal matter
				shall be filed with the clerk of courts of the judicial district in which the
				petitioner is confined.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part A - Business of the Courts › Rule 109 - Defects in Form, Content, or Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
A defendant shall not be discharged nor shall a case be
				  dismissed because of a defect in the form or content of a complaint, citation,
				  summons, or warrant, or a defect in the procedures of these rules, unless the
				  defendant raises the defect before the conclusion of the trial in a summary
				  case or before the conclusion of the preliminary hearing in a court case, and
				  the defect is prejudicial to the rights of the defendant.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part A - Business of the Courts › Rule 110 - Special Orders Governing Widely-Publicized or Sensational Cases

Current through Register Vol. 54, No. 28, July 13, 2024
In a widely-publicized or sensational case, the court, on
				  motion of either party or on its own motion, may issue a special order
				  governing such matters as extrajudicial statements by parties and witnesses
				  likely to interfere with the rights of the accused to a fair trial by an
				  impartial jury, the seating and conduct in the courtroom of spectators and news
				  media representatives, the management and sequestration of jurors and
				  witnesses, and any other matters that the court may deem appropriate for
				  inclusion in such an order. In such cases, it may be appropriate for the court
				  to consult with representatives of the news media concerning the issuance of
				  such a special order.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part A - Business of the Courts › Rule 111 - Public Discussion of Pending or Imminent Criminal Litigation by Court Personnel

Current through Register Vol. 54, No. 28, July 13, 2024
All court personnel including, among others, court clerks,
				  bailiffs, tipstaffs, and court stenographers are prohibited from disclosing to
				  any person, without authorization by the court, information relating to a
				  pending criminal case that is not part of the public records of the court. This
				  rule specifically prohibits the divulgence of information concerning arguments
				  and hearings held in chambers or otherwise outside the presence of the
				  public.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part A - Business of the Courts › Rule 112 - Publicity, Broadcasting, and Recording of Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The court or issuing authority shall:
(1) prohibit the taking of photographs,
				video, or motion pictures of any judicial proceedings or in the hearing room or
				courtroom or its environs during the judicial proceedings; and
(2) prohibit the transmission of
				communications by telephone, radio, television, or advanced communication
				technology from the hearing room or the courtroom or its environs during the
				progress of or in connection with any judicial proceedings, whether or not the
				court is actually in session.
The environs of the hearing room or courtroom is defined as
				  the area immediately surrounding the entrances and exits to the hearing room or
				  courtroom.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part A - Business of the Courts › Rule 113 - Criminal Case File and Docket Entries

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part A - Business of the Courts › Rule 113.1 - Confidential Information and Confidential Documents. Certification

Current through Register Vol. 54, No. 28, July 13, 2024
Unless public access is otherwise constrained by applicable
				  authority, any attorney, or any party if unrepresented, or any affiant who
				  files a document pursuant to these rules with the issuing authority or clerk of
				  courts' office shall comply with the requirements of Sections 7.0 and 8.0 of
				  the
Case Records Public Access Policy of the Unified Judicial System of
				  Pennsylvania
(Policy). In accordance with the Policy, the filing shall
				  include a certification of compliance with the Policy and, as necessary, a
				  Confidential Information Form or a Confidential Document
				  Form.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part A - Business of the Courts › Rule 114 - Orders and Court Notices: Filing; Service; and Docket Entries

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Filing
(1) All orders and court notices promptly
				shall be transmitted to the clerk of courts' office for filing. Upon receipt in
				the clerk of courts' office, the order or court notice promptly shall be time
				stamped with the date of receipt.
(2) All orders and court notices promptly
				shall be placed in the criminal case file.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part A - Business of the Courts › Rule 115 - Recording and Transcribing Court Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(A) In court cases, after a defendant has
				been held for court, proceedings in open court shall be recorded.
(B) The transcript shall be requested in
				accordance with Pa.R.J.A. No. 4007.
(C) At any time before an appeal is taken the
				transcript may be corrected, and the record may be corrected or modified, in
				the same manner as is provided by Rules 1922(c) and 1926 of the Pennsylvania
				Rules of Appellate Procedure.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part A - Business of the Courts › Rule 116 - General Supervisory Powers of President Judge

Current through Register Vol. 54, No. 28, July 13, 2024
The President Judge shall be responsible for ensuring that
				  the judicial district is in compliance with the Pennsylvania Rules of Criminal
				  Procedure, other rules, and statutes, applicable to the minor judiciary,
				  courts, clerks of courts, and court administrators.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part A - Business of the Courts › Rule 117 - Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials; and Setting and Accepting Bail

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The president judge of each judicial
				district shall ensure sufficient availability of issuing authorities to provide
				the services required by the Rules of Criminal Procedure as follows:
(1) continuous coverage for the issuance of
				search warrants pursuant to Rule 203 and arrest warrants pursuant to Rule
				513;
(2) coverage using one or a
				combination of the systems of coverage set forth in paragraph (B) to:
(a) conduct summary trials or set collateral
				in summary cases following arrests with a warrant issued pursuant to Rule
				430(A) as provided in Rule 431(B)(3) and following arrests without a warrant as
				provided in Rule 441(C);
(b)
				conduct preliminary arraignments without unnecessary delay whenever a warrant
				of arrest is executed within the judicial district pursuant to Rule
				516;
(c) set bail without
				unnecessary delay whenever an out-of-county warrant of arrest is executed
				within the judicial district pursuant to Rule 517(A);
(d) accept complaints and conduct preliminary
				arraignments without unnecessary delay whenever a case is initiated by an
				arrest without warrant pursuant to Rule 519(A)(1); and
(3) coverage during normal business hours for
				all other business.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part A - Business of the Courts › Rule 118 - Court Fees Prohibited for Two-Way Simultaneous Audio-Visual Communication

Current through Register Vol. 54, No. 28, July 13, 2024
When a criminal proceeding is conducted by using two-way
				  simultaneous audio-visual communication, the court shall not impose a fee upon
				  the defendant for its use.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part A - Business of the Courts › Rule 119 - Use of Two-Way Simultaneous Audio-Visual Communication in Criminal Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				The court or issuing authority may use two-way simultaneous audio-visual
				communication at any criminal proceeding except:
(1) preliminary hearings;
(2) proceedings pursuant to Rule
				569(A)(2)(b);
(3) proceedings
				pursuant to Rules 595 and 597;
(4)
				trials;
(5) sentencing
				hearings;
(6) parole, probation,
				and intermediate punishment revocation hearings; and
(7) any proceeding in which the defendant has
				a constitutional or statutory right to be physically present.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part B - Counsel › Rule 120 - Attorneys-Appearances and Withdrawals

Current through Register Vol. 54, No. 28, July 13, 2024
(A) ENTRY OF APPEARANCE
(1) Counsel for defendant shall file an entry
				of appearance with the clerk of courts promptly after being retained, and serve
				a copy of the entry of appearance on the attorney for the Commonwealth.
(a) If a firm name is entered, the name of an
				individual lawyer shall be designated as being responsible for the conduct of
				the case.
(b) The entry of
				appearance shall include the attorney's address, phone number, and attorney ID
				number.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part B - Counsel › Rule 121 - Waiver of Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				GENERALLY.
(1) The defendant may waive the
				right to be represented by counsel.
(2) To ensure that the defendant's waiver of
				the right to counsel is knowing, voluntary, and intelligent, the judge or
				issuing authority, at a minimum, shall elicit the following information from
				the defendant:
(a) that the defendant
				understands that he or she has the right to be represented by counsel, and the
				right to have free counsel appointed if the defendant is indigent;
(b) that the defendant understands the nature
				of the charges against the defendant and the elements of each of those
				charges;
(c) that the defendant is
				aware of the permissible range of sentences and/or fines for the offenses
				charged;
(d) that the defendant
				understands that if he or she waives the right to counsel, the defendant will
				still be bound by all the normal rules of procedure and that counsel would be
				familiar with these rules;
(e) that
				the defendant understands that there are possible defenses to these charges
				that counsel might be aware of, and if these defenses are not raised at trial,
				they may be lost permanently; and
(f) that the defendant understands that, in
				addition to defenses, the defendant has many rights that, if not timely
				asserted, may be lost permanently; and that if errors occur and are not timely
				objected to, or otherwise timely raised by the defendant, these errors may be
				lost permanently.
(3) The
				judge or issuing authority may permit the attorney for the Commonwealth or
				defendant's attorney to conduct the examination of the defendant pursuant to
				paragraph (A)(2). The judge or issuing authority shall be present during this
				examination.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part B - Counsel › Rule 122 - Appointment of Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
(A)
				Counsel shall be appointed:
(1) in all summary
				cases, for all defendants who are without financial resources or who are
				otherwise unable to employ counsel when there is a likelihood that imprisonment
				will be imposed;
(2) in all court
				cases, prior to the preliminary hearing to all defendants who are without
				financial resources or who are otherwise unable to employ counsel;
(3) in all cases, by the court, on its own
				motion, when the interests of justice require it.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part B - Counsel › Rule 123 - Application for the Assignment of Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
A defendant who requests assignment of counsel in a court
				  case shall file a signed and verified application for assignment of counsel,
				  which shall set forth the facts showing that the defendant is without financial
				  resources or is otherwise unable to employ counsel.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part C - Venue, Location, and Recording of Proceedings Before Issuing Authority › Rule 130 - Venue; Transfer of Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(A) VENUE
All criminal proceedings in summary and court cases shall be
				  brought before the issuing authority for the magisterial district which in the
				  offense is alleged to have occurred or before an issuing authority on temporary
				  assignment to serve such magisterial district, subject, however, to the
				  following exceptions:
(1) A criminal
				proceeding may be brought before any issuing authority of any magisterial
				district within the judicial district whenever the particular place within the
				judicial district which the offense is alleged to have occurred in
				unknown.
(2) When changes 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 issuing authority in any one of the magisterial
				districts in which the charges arising from the same criminal episode
				occurred.
(3) When charges arising
				from the criminal episode occur in more than one judicial district, the
				criminal proceeding on all the charges may be brought before one issuing
				authority in a magisterial district within any of the judicial districts in
				which the charges arising from the same criminal episode occurred.
(4) Whenever an arrest is made without a
				warrant for any summary offense arising under the Vehicle Code, which allegedly
				occurred on a highway of the Pennsylvania Turnpike System or any controlled or
				limited access highway, or any right-of-way of such System or highway, or any
				other highway or highways of the Commonwealth, the defendant shall be taken and
				the proceeding shall be brought either where the offense allegedly occurred, or
				before the issuing authority for any other magisterial district within the same
				judicial district which, in the judgment of the arresting officer, is most
				convenient to the place of arrest without regard to the boundary line of any
				magisterial district or judicial district.
(5) When any offense is alleged to have
				occurred within 100 yards of the boundary between two or more magisterial
				districts of a judicial district, the proceeding may be brought in either or
				any of the magisterial districts without regard of the boundary lines of any
				county.
(6) When the president
				judge designates a magisterial district or a location in that district in which
				certain classes of offenses, which occurred in other specified magisterial
				districts, may be heard.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part C - Venue, Location, and Recording of Proceedings Before Issuing Authority › Rule 131 - Location of Proceedings Before Issuing Authority

Current through Register Vol. 54, No. 28, July 13, 2024
(A) An issuing authority within the
				magisterial district for which he or she is elected or appointed shall have
				jurisdiction and authority to receive complaints, issue warrants, hold
				preliminary arraignments, set and receive bail, issue commitments to jail, and
				hold hearings and summary trials.
(1) Except
				as provided in paragraph (A)(2), all preliminary arraignments shall be held in
				the issuing authority's established office, a night court, or some other
				facility within the Commonwealth designated by the president judge, or the
				president judge's designee.
(2)
				Preliminary arraignments may be conducted using advanced communication
				technology pursuant to Rule 540. The preliminary arraignment in these cases may
				be conducted from any site within the Commonwealth designated by the president
				judge, or the president judge's designee.
(3) All hearings and summary trials before
				the issuing authority shall be held publicly at the issuing authority's
				established office. For reasons of emergency, security, size, or in the
				interests of justice, the president judge, or the president judge's designee,
				may order that a hearing or hearings, or a trial or trials, be held in another
				more suitable location within the judicial district.
(4) The issuing authority may receive
				complaints, issue warrants, set and receive bail, and issue commitments to jail
				from any location within the judicial district, or from an advanced
				communication technology site within the Commonwealth.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part C - Venue, Location, and Recording of Proceedings Before Issuing Authority › Rule 132 - Temporary Assignment of Issuing Authorities

Current through Register Vol. 54, No. 28, July 13, 2024
(A) The president judge may assign
				temporarily the issuing authority of any magisterial district to serve another
				magisterial district whenever such assignment is needed:
(1) to satisfy the requirements of Rule
				117;
(2) to insure fair and
				impartial proceedings;
(3) to
				conduct a preliminary hearing pursuant to Rule 544(B); or
(4) otherwise for the efficient
				administration of justice.
One or more issuing authorities may be so assigned to serve
				  one or more magisterial districts.
Pennsylvania Code › Title 234 - RULES OF CRIMINAL PROCEDURE › Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES › Part C - Venue, Location, and Recording of Proceedings Before Issuing Authority › Rule 133 - Powers of Temporarily Assigned Issuing Authorities

Current through Register Vol. 54, No. 28, July 13, 2024
(A) Whenever an issuing authority is
				temporarily assigned to serve another magisterial district, the issuing
				authority shall, during the period of assignment, have the same jurisdiction
				and authority as one elected and qualified to serve in such magisterial
				district.
(B) An issuing authority
				so assigned may exercise such jurisdiction and authority in his or her own
				magisterial district or the magisterial district to which the issuing authority
				has been so assigned.