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 103 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and phrases, when used in any Rule of
				  Criminal Procedure, shall have the following meanings:
ADVANCED COMMUNICATION TECHNOLOGY
is any
				  communication equipment that is used as a link between parties in physically
				  separate locations, and includes, but is not limited to: systems providing for
				  two-way simultaneous communication of image and sound; closed-circuit
				  television; telephone and facsimile equipment; and electronic mail.
ADVANCED COMMUNICATION TECHNOLOGY SITE
is any
				  approved location within Pennsylvania designated by the president judge, or the
				  president judge's designee, with advanced communication technology equipment
				  that is available for parties in a criminal matter to communicate with others
				  in physically separate locations as provided in these rules.
AFFIANT
is any responsible person capable of
				  taking an oath who signs, swears to, affirms, or, when permitted by these
				  rules, verifies a complaint and appreciates the nature and quality of that
				  person's act.
ARRAIGNMENT
is the pretrial proceeding in the
				  court of common pleas conducted pursuant to Rule 571.
BAIL
is the security or other guarantee required
				  and given for the release of a person, conditioned upon a written undertaking,
				  in the form of a bail bond, that the person will appear when required and
				  comply with all conditions set forth in the bail bond.
BAIL AUTHORITY
is the magisterial district
				  judge, magistrate, Philadelphia arraignment court magistrate, or the judge with
				  jurisdiction over the case who is authorized by law to set, modify, revoke, or
				  deny bail.
CAPITAL CASE
or
CRIME
is one in or
				  for which the death penalty may be imposed.
CARRIER SERVICE
includes, but is not limited to,
				  delivery by companies such as Federal Express or United Parcel Service, or a
				  local courier service, and courthouse interoffice mail. The courthouse
				  interoffice mail is a method of delivery used in some judicial districts for
				  transmittal of documents between offices in the courthouse, and between the
				  courthouse and other county facilities, including the county jail
				  facility.
CLERK OF COURTS
is that official, without regard
				  to that person's title, in each judicial district who, pursuant to 42
Pa.C.S.
§§ 2756 and 2757, has the responsibility and
				  function to maintain the official criminal case file and list of docket
				  entries, and to perform such other duties as required by rule or law.
COLLATERAL
is cash or a cash equivalent
				  deposited in summary cases.
COPY
is an exact duplicate of an original
				  document, including any required signatures, produced through mechanical or
				  electronic means, and includes, but is not limited to: carbon copies; copies
				  reproduced by using a photocopy machine, by transmission using facsimile
				  equipment, or by scanning into and printing out of a computer.
COURT
is a court of record.
COURT ADMINISTRATOR
is that official in each
				  judicial district who has the responsibility for case management and such other
				  responsibilities as provided by the court.
COURT CASE
is a case in which one or more of the
				  offenses charged is a misdemeanor, felony, or murder of the first, second, or
				  third degree.
CRIMINAL PROCEEDINGS
include all actions for the
				  enforcement of the Penal Laws.
INDICTMENT
is the instrument holding the
				  defendant for court after a grand jury votes to indict and authorizing the
				  attorney for the Commonwealth to prepare an information.
INFORMATION
is a formal written statement
				  charging the commission of an offense signed and presented to the court by the
				  attorney for the Commonwealth after a defendant is held for court, is indicted
				  by the grand jury, or waives the preliminary hearing or a grand jury
				  proceeding.
ISSUING AUTHORITY
is any public official having
				  the power and authority of a magistrate, a Philadelphia arraignment court
				  magistrate, or a magisterial district judge.
LAW ENFORCEMENT OFFICER
is any person who is by
				  law given the power to enforce the law when acting within the scope of that
				  person's employment.
MOTION
includes any challenge, petition,
				  application, or other form of request for an order or relief.
ORDINANCE
is a legislative enactment of a
				  political subdivision.
PENAL LAWS
include all statutes and embodiments
				  of the common law which establish, create, or define crimes or offenses,
				  including any ordinances which may provide for imprisonment upon conviction or
				  upon failure to pay a fine or penalty.
POLICE OFFICER
is any person who is by law given
				  the power to arrest when acting within the scope of the person's
				  employment.
POLITICAL SUBDIVISION
shall mean county, city,
				  township, borough, or incorporated town or village having legislative
				  authority.
PRELIMINARY ARRAIGNMENT
is the proceeding
				  following an arrest conducted before an issuing authority pursuant to Rule 540
				  or Rule 1003(D).
SEALED VERDICT
is a verdict unanimously agreed
				  upon by the jury, completed, dated, and signed by the foreman of the jury, and
				  closed to open view.
SECURITY
shall include cash, certified check,
				  money order, personal check, or guaranteed arrest bond or bail bond
				  certificate.
SIGNATURE
, when used in reference to documents
				  generated by the minor judiciary or court of common pleas, includes a
				  handwritten signature, a copy of a handwritten signature, a computer generated
				  signature, or a signature created, transmitted, received, or stored by
				  electronic means, by the signer or by someone with the signer's authorization,
				  unless otherwise provided in these rules.
SUMMARY CASE
is a case in which the only offense
				  or offenses charged are summary offenses.
VOIR DIRE
is the examination
				  and interrogation of prospective jurors.