Erie Cnty. C.P. FinalProposedCriminalLocalRules 3

deadline shall be deemed missed and unavailable except upon order of the court.

C. If properly waived by the defendant, as indicated in an application for ARD or in an

additional filing, each case which is refused entry into the ARD program or revoked

therefrom shall go to trial during the term of court determined by Court Administration

based upon the speedy trial rule calculations. Proper waiver, as indicated above, exists

when the defendant signs a speedy trial rule waiver which specifically extends the period of

waiver from the date the application for ARD is filed through the date when the application

is denied or the defendant is revoked from the ARD program.

RULE 570 - CASE ASSIGNMENTS

A. Pre-trial. All cases held for court will be assigned to one of the Judges in the Criminal

Division. This will be done by the Court Administrator at or about the time of arraignment

or waiver thereof. The assigned judge will hear and resolve all pre-trial matters pertaining to

the case. If a case proceeds to trial before a judge other than the assigned judge, the trial

judge shall entertain any motions in limine and other motions related to trial. However, the

trial judge may, at his or her discretion, refer any Rule 600 motions to the assigned judge.

B. Treatment Courts. After the filing of a criminal information, an original application for

entry into the Drug Court, Veterans’ Court, or Mental Health Court programs shall be filed

with the Clerk of Courts, and copies shall be filed at the Office of the Criminal Court

Administrator and the Erie County District Attorney’s Office. Two sample applications are

provided in the appendix which accompanies these local rules.

C. Sentencing. In all cases wherein a jury trial has been held and a verdict entered, the trial

judge shall be the sentencing judge. However, in any case where the designated judge may

be unavailable for sentencing due to extraordinary circumstances, another judge may be

substituted. See also, Local Rule 700.

D. Sentencing Date. A sentencing date shall be set for all cases at the time of plea or verdict.

Any change requested on this date must be made directly with the assigned sentencing judge

and subject to his/her discretion.

RULE 571 - ARRAIGNMENT

The defendant and counsel (or a representative of counsel) shall be required to appear at the

scheduled time of arraignment unless a waiver is filed. The defendant and counsel may waive

appearance at arraignment by the filing of a signed "Waiver of Arraignment and Entry of

Appearance" before the scheduled date of arraignment. A sample Waiver of Arraignment is

provided in the appendix which accompanies these local rules.

RULE 575 - PROCEDURE FOR ATTORNEY CHANGES

If, before or at the arraignment, another attorney files an appearance, or files any papers on

behalf of the defendant (including signing the rights sheet) that attorney will be listed as the

attorney of record.

Exception for Public Defender. This procedure will apply to the public defender, except when

the change is merely from one public defender to another.

RULE 576 –PRESENTATION, FILING AND SERVICE OF MOTIONS

A. Presentation. In all court cases a specific judge of the criminal division shall be assigned

to each case at or before the time of formal arraignment in the Court of Common Pleas.

All pre-trial motions shall filed with the clerk of courts and delivered to assigned judge

either by hand delivery to the assigned judge’s chambers or by U.S. Mail. If there is no

judge assigned to the case at the time a party intends to present a motion, then the motion

shall be delivered in the same manner to the judge then serving as the motion court judge

in the Criminal Division. All motions shall indicate in writing whether all counsel of

record and any unrepresented parties consent to the relief requested.

B. Filing. After a scheduling order or a final order has been signed by the assigned judge,

the Court must file the original with the Clerk of Courts, which will effectuate service of

all orders and notices pursuant to Pennsylvania Rule of Criminal Procedure 114(B).

C. Service. Time-stamped copies of the scheduling order or final order must be served by

the Clerk of Courts upon the Criminal Court Administrator, all counsel of record, and any

unrepresented parties by personal delivery, U. S. First Class Mail, or as otherwise

permitted by Pennsylvania Rule of Criminal Procedure 576(B). Note: Sending a copy by

“facsimile transmission or other electronic means if the party’s attorney, or the party if

unrepresented, has made a written request for this method of service for the document” is

expressly permitted under Pennsylvania Rule of Criminal Procedure 576(B)(1)(f).

RULE 590 - POST-ARRAIGNMENT PLEAS, PLEAS, AND PLEA AGREEMENTS

A defendant may enter a plea of guilty or, with the consent of the judge, nolo contendere

pursuant to a plea agreement at any time before the verdict.

If a defendant enters a plea of guilty or, with the consent of the judge, nolo contendere before the

court no later than ten (10) days after arraignment, the defendant may have the option of selecting

an assignment to another judge of the trial division, other than the original assigned judge, for

purposes of sentencing.

If a defendant applies for ARD/PWOV or Treatment Court programs within ten (10) days after

arraignment but the application is denied, the defendant shall retain the option of selecting an

assignment to another judge of the trial division, other than the original assigned judge, provided

that such plea of guilty or nolo contendere is scheduled before the court no later than ten (10)

days after the denial of the application. See also, Local Rule 700.

RULE 600 - TRIAL TERM

A. Criminal Trial Calendar. The court calendar shall be divided into ten (10), two (2) two-week trial terms unless modified by the Court.

B. Notice of Trial. All defendants and their counsel of record in cases listed for a trial term

shall be given written notice by the Court Administrator at least one (1) month before the

start of the trial term.

C. Exceptions. Late additions may be made only for Rule 600 problem cases or by Order of

Court.

RULE 700 - SENTENCING JUDGE

The assigned judge shall impose sentence unless otherwise provided by the rules. In the event a

defendant enters a plea of guilty or nolo contendere within (10) days after arraignment or refusal

from the ARD/PWOV or Treatment Court programs, the post-arraignment plea judge shall be

responsible for sentencing the defendant. See, Local Rule 590. The defendant shall also have the

option, with the consent of the judge and the Commonwealth, to be immediately sentenced by the

judge taking the plea, even if that judge was not originally assigned to the case; however, if the

sentence is deferred, the sentence shall be imposed by the judge who was originally assigned the

case.

The judge assigned to a revocation proceeding shall be the judge who imposed the original

sentence. If the original sentencing judge is no longer serving on the bench, then the revocation

proceeding shall be assigned to the judge who is assigned to another active docket for the

defendant. A revocation proceeding may also be handled by the judge who is sentencing the

defendant at another active docket, where doing so promotes the interests of justice and/or judicial

economy. If there is no other active docket for the defendant, then the sentencing judge for a

revocation proceeding shall be chosen by Court Administration.

APPENDIX

Sample Motion for Continuance

Sample Application for ARD

Sample Application for Treatment Court

Sample Application for Veterans Court

Sample Waiver of Arraignment

Sample Substitution of Counsel

Local Rules of Criminal Procedure

Erie County Court of Common Pleas

6th Judicial District of Pennsylvania

APPENDIX

1. Sample Motion to Continue Trial and Order

2. Sample Application for ARD

3. Sample ARD Motion