Adams Cnty. C.P. Rules of Criminal Procedure Rule 590

A. The Court will be available for the purpose of taking guilty or nolo contendere pleas

from time to time as designated by the Court Administrator on a day(s) which shall be

designated as ''Plea Day'' or “DUI Court” on the Court Calendar. The day(s) selected

shall be at least ten (10) days before the respective trial term.

B. If a party desires to continue a regularly scheduled Plea Day or DUI Court Day, the

request shall be made by written motion setting forth good cause for the request and shall

be filed at least one week prior to the scheduled Court appearance.

C. Requests for continuances should normally not be made on Plea Day or DUI Court Day

except under unforeseen or extraordinary circumstances. If, after the conclusion of Plea

Day or DUI Court Day, either party becomes aware of circumstances justifying a

continuance, a request should be filed with the Court and all parties in writing prior to

close of business on the Wednesday preceding criminal trial week. The motion shall set

forth whether the other parties concur with or oppose the relief requested.

D(1). All defendants and all attorneys representing defendants on a respective Plea Day

or DUI Court Day must attend unless:

a. the case has previously been resolved through plea or other disposition; or

b. a motion for a continuance has been previously presented and granted; or

c. the defendant and/or counsel and the District Attorney's Office have agreed that

the defendant and/or counsel may be excused from the call of the list.

D(2). Failure of the defendant to appear may result in the imposition of sanctions by the

Court including the issuance of a bench warrant and revocation of bail bond. Failure

of counsel to appear may result in the imposition of sanctions, including the

imposition of attorney fees against counsel.

E. No later than two weeks prior to the start of the trial term, Court Administration shall

prepare and provide to the Court a preview list of all cases scheduled for the upcoming

trial term. The Court shall set the trial schedule, taking into account Pa.R.Crim.P 600.

Any case that cannot be heard due to unavailability of trial days during a trial term shall

be continued by the Court to the following trial term for disposition. Such cases shall

receive priority in scheduling during the following trial term. Court Administration shall

release a list to the public of all cases scheduled for the trial term upon notification by

the Court.

F. If a defendant is represented by counsel and desires to tender a guilty or nolo

contendere plea, a Guilty/Nolo Contendere Plea Colloquy substantially in the form set

forth in Rule 590.1 shall be completed. The Colloquy shall be executed by the

defendant and defendant’s counsel and filed with the Clerk of Courts prior to entry of

the plea.

G. When the parties have arrived at a plea agreement, they shall state on the record in

open Court and in the presence of the Defendant, the terms of the agreement. The

agreement will be confirmed in writing substantially in the form set forth in Rule

590.2 and presented to the Court prior to the entry of any plea. At a minimum, the

written agreement must contain ALL terms of the agreement and must be executed by

the Commonwealth, the Defendant and Defendant's counsel, if any. Nothing in this

Rule will prevent the Judge from ordering for good cause shown and with the consent

of all parties and counsel, that specific conditions in the agreement be placed on the

record in camera and the record sealed.

Comment: Orderly scheduling of jury trials and regard for the convenience of jurors

shall be important factors in determining the interests of justice under Pa. R. Crim. P.

106. In order that a trial schedule may be prepared and announced in accordance with

this Rule, requests for continuance ordinarily should be made by written motion no later

than immediately after the trial list is announced for that particular term. In those

instances where witness unavailability or other unforeseeable need arises requiring a

continuance subsequent to the call of the trial list, a request for continuance should be

made prior to the close of business on the Wednesday preceding the criminal trial term.

Although motions for continuance will obviously be governed by the state rule,

the local rule is intended to express Court policy that a definite trial schedule published in

advance of trial will reduce inconvenience to the Court, the parties, witnesses and jurors.

Timeliness measured from promulgation of the trial list is an important consideration in

the decision to grant or deny a continuance request. It is expected that all counsel will act

with reasonable diligence and promptness in determining whether a case is ready for trial

and that counsel shall be in a position to make that determination, at the latest, on the

Wednesday prior to trial.

It is noted that the Court calendar will generally schedule at least two (2) plea

days and two (2) DUI Court days prior to each criminal trial term. The intent of this rule

is that each plea or DUI Court day shall be a separate and distinct day concerning

applicability of the time limits of this rule and continuances from one plea day to

another to avoid the intent of this rule will generally not be granted by the Court except

as the interests of justice otherwise require.