Fayette Cnty. C.P. Local Rules and Administrative Orders - Amended March 12,... Rule 571

(A) Arraignment shall be held on the third Thursday of each month before an

assigned Judge.

(B) At the arraignment, the defendant shall be advised of:

(1) The right to be represented by counsel;

(2) The nature of the charges contained in the information; and

(3) The right to file motions, including a Request for a Bill of

Particulars, a Motion for Pretrial Discovery and Inspection, a motion

requesting Transfer from Criminal Proceedings to Juvenile Proceedings

and an Omnibus Pretrial Motion, and the time limits within which the

motions must be filed.

(4) If the defendant fails to appear without cause at any

proceeding for which the defendant’s presence is required, including trial,

that the defendant’s absence may be deemed a waiver of the right to be

present, and the proceeding may be conducted in the defendant’s

absence.

If the defendant or counsel has not received a copy of the

Information(s) pursuant to Pa.R.Crim. 562, a copy thereof shall be provided.

(C) A defendant may waive appearance at arraignment if the following

requirements are met:

(1) The defendant is represented by counsel of record and

counsel concurs in the waiver; and

(2) The defendant and counsel sign and file with the Clerk of

Courts a waiver of appearance at arraignment, which acknowledges that

the defendant:

(a) Understands the nature of the charges;

(b) Understands the rights and requirements set forth in Pa.

R.Crim.P. 571(C) and

(c) Waives his or her right to appear for arraignment.

(D) The waiver of appearance at arraignment shall be in substantially the

following form:

YOU MUST BE REPRESENTED BY COUNSEL TO WAIVE THE APPEARANCE AT ARRAIGNMENT

(Pa. Rule of Criminal Procedure 571 (D))

IN THE COURT OF COMMON PLEAS OF FAYETTE COUNTY,

PENNSYLVANIA

COMMONWEALTH OF PENNSYLVANIA, No. ____________of 20_____

v.

OTN:_____________________

__________________________________,

Defendant. Arraignment Date:__________

ENTRY OF APPEARANCE

Enter my appearance for the above-named Defendant. INTERPRETER NEEDED □

_______________________________ __________________ _________________________

Attorney for Defendant [PRINTED] Date Attorney I.D. #

___________________________________________________ _________________________

Address of Attorney Attorney Phone #

______________________________ ______________________________________________

Email Address of Attorney Attorney’s SIGNATURE

WAIVER OF APPEARANCE AT ARRAIGNMENT

I hereby waive my appearance at arraignment and I stand mute with respect to my plea. I have been advised by my

attorney of the charges against me and that my attorney will receive copies of the Criminal Information filed in this

case. I know I have the right:

1. to file a request in writing for a Bill of Particulars with the Clerk of Courts and a copy to be served on the

District Attorney within seven (7) days following the above listed arraignment date (Pa. Rule of Criminal

Procedure 572);

2. to file a motion with the Court in writing, requesting pretrial Discovery and Inspection and a copy to be served

on the District Attorney within fourteen (14) days after the above listed arraignment date (Pa. Rule of Criminal

Procedure 573);

3. to file an Omnibus motion with the Court in writing requesting all other kinds of pretrial relief and a copy to be

served on the District Attorney within thirty (30) days after the above listed arraignment date (Pa. Rules of

Criminal Procedure 578 & 579).

THE TIME LIMITS SET FORTH TO EXERCISE THESE RIGHTS WILL BE STRICTLY ENFORCED!

4. If I fail to appear without cause at any proceeding for which my presence is required, including trial, my

absence may be deemed a waiver of the right to be present, and the proceeding may be conducted in my

absence. (Pa. Rule of Criminal Procedure 571).

I am hereby notified that, as a condition of bail, I am required to notify in writing the Clerk of Courts’ office, the

District Attorney’s office, and my bondsman of any change of address and/or telephone number within forty-eight

(48) hours after any change by mail or delivering in person said notice to each of the above (Pa. Rule of Criminal

Procedure 117).

IF I FAIL TO APPEAR FOR ANY SCHEDULED COURT DATE, THE HEARING OR TRIAL WILL

CONTINUE IN MY ABSENCE AND A BENCH WARRANT WILL BE ISSUED FOR MY ARREST,

WITH AN ADDED CONTEMPT PENALTY OF UP TO SIX MONTHS INCARCERATION.

_______________________________ ______________ _______________________________

Signature of Defendant Date Signature of Attorney

NOTE: Amended May 10, 2002, effective July 8, 2002. Amended November

26, 2016, effective January 16, 2017.