Lehigh Cnty. C.P. Criminal Court Local Rules 27

unprofessional conduct, including but not limited to the use of profanity, directed toward

a County employee

(f) Any violation of or failure to comply with the rules set forth herein may,

upon petition by the Department of Law and after hearing thereon, result in the revocation by

the Court of Common Pleas of Lehigh County of the bail posting privileges of an the Ba il

Bondsman.

Leh.R.Cr.P. 535. RETURN OF CASH DEPOSITS. CHARGES.

Upon full and final disposition of the case, the issuing authority or the Clerk of

Courts–Criminal shall retain thirty per cent (30%) of the amount deposited, but in no event less

than Ten ($10.00) Dollars, as administrative costs, which includes the Clerk’s poundage fee for

the percentage cash bail program and shall return the balance to the depositor, unless the

depositor at the time the balance is to be returned otherwise agrees in writing. The thirty percent

(30%) to be retained shall be considered as e arned at the time the bail undertaking is executed

and the cash is deposited by the defendant or the third party surety.

Comment: Nothing in this Rule is intended to preclude the application of the

seventy per cent (70%) cash balance being applied to fines, costs, restitution, or, if funds remain

after payment of fines, costs and restitution, to fees due the Defendant’s attorney of record, if

agreed to in writing by the depositor at the time the money would otherwise be returned to the

depositor. See Pa.R.Crim.P. 535, the Comment to that Rule, and the Report of the Criminal

Procedural Rules Committee, 33 Pa.B. 6409 (December 27, 2003).

Note: This Rule was part of the original bail rules numbered 4006, 4006A,

4006B, 4006C and 4006D. They were adopted by an order dated March 23, 1984, and published

at 14 Pa.B. 833 et seq. (March 17, 1984).

Leh.R.Cr.P 536.1. FORFEITURES AND BAIL PIECES.

(a) Forfeitures.

(1) A bail that is revoked shall be deemed forfeited pursuant to Pa. C.S.

§5747.1, and shall be paid to the Clerk by any surety by close of business on the 91st day

following the entry of the order revoking the bail pursuant to the terms of Pa. C.S.

§5747.1, or unless otherwise extended or set aside by Order of Court.

(2) In order for a surety to seek to have the forfeiture order set aside or

remitted in whole or in part, the party seeking remission, set aside or exoneration shall

present a petition to the Court, and serve a copy thereof upon the Department of Law.

The petition shall set forth in detail the reasons for seeking the set aside, remission or

exoneration. In order to facilitate the assessment and investigation of petitions requesting

remittance, the surety is required to delineate within the petition the following insofar as

applicable:

(A) a recitation of the history of the case including the

charges, the date the bond was set, the amount of the bond, and the name

and district of the issuing authority;

(B) the date of forfeiture and nature of the proceeding at

which forfeiture occurred;

(C) a statement establishing the fact that the defendant

was apprehended including the date of apprehension and the agency

responsible for the apprehension;

(D) a detailed summary of all efforts by the petitioner to

apprehend the defendant including the name, phone number and address

of all agents hired or assigned to effectuate the apprehension, and all

times, dates, and locations searched;

(E) a declaration that the apprehension or return of the

defendant was affected by the efforts of the surety or that those efforts at

least had a substantial impact on the defendant's apprehension; and

(F) clear and specific factual recitation in support of the

above declaration.

(3) Any Bail Bondsman or Insurer who files with the Court of Common

Pleas of Lehigh County a petition for bail relief, including but not limited to a petition

to vacate bail forfeiture or a petition to exonerate surety, shall be responsible for the

payment of court costs and/or filing fees as determined by the Clerk of Judicial Records,

Criminal Division and may be amended from time to time.

Bail Pieces. After a bail piece is issued pursuant to Pa.R.Crim.P. 536 and the

defendant is apprehended by or on behalf of the surety, the defendant must be brought before

the Judge or a designee in accordance with Pa.R.Crim.P. 150. Bail pieces shall not be utilized

to exonerate the surety.

Leh.R.Cr.P. 542. CONTINUANCES OF PRELIMINARY HEARINGS

BEFORE DISTRICT JUSTICES.

(a) Preliminary hearings before District Justices in court cases shall be scheduled

initially as required by the Pennsylvania Rules of Criminal Procedure.

(b) Thereafter a District Justice may grant continuances of the preliminary

hearing upon the request either of the Defendant or the Commonwealth provided that such

continuances are limited to the minimum period necessary and do not, in the aggregate number of

days for all continuances in the case, exceed twenty-one (21) days from the date upon which the

preliminary hearing was first scheduled.

(c) Except as provided in section (b) of this Rule, all requests for continuances of

preliminary hearings shall be presented to the District Justice Court Administrator, or in his absence

to an appropriate Judge of the Court of Common Pleas, in the form of a written motion setting forth

good cause for the same with forty-eight (48) hours advance notice to the defendant or his counsel

or the attorney for the Commonwealth.

(d) If a continuance is granted pursuant to section (c) of this Rule, the order of

court granting the same shall set a time at which the preliminary hearing shall be held.

(e) For purposes of this Rule all co-defendants shall be regarded as one (1) party.

Comment: The appropriate common pleas judge under (c) would normally be the

judge assigned to hear cases emanating from the District Justice Office or the common pleas judge

specially assigned to the case.

Note: This rule, originally numbered 703, was adopted by an order dated March

20, 1984, and published at 14 Pa.B. 1388 et seq. (April 21, 1984). It has been slightly revised to

reflect changes in the current case assignment process.

Leh.R.Cr.P. 571. ARRAIGNMENT

(a) Criminal court arraignments shall be held at such times and places as the

Court shall direct. A first status conference shall be held at the same time as the court arraignment.

Written notice of the arraignment and first status conference shall be given to the Defendant as

provided Pa.R.Crim.P. 113 (1)(a) by the District Justice at the time the case is bound over or

waived to court.

(b) Prior to the date scheduled for arraignment, or at the arraignment, defense

counsel, who has filed a written entry of appearance with the Clerk of Courts –Criminal and the

attorney for the Commonwealth, may file a written waiver of arraignment properly exec uted by

counsel and the Defendant.

(c) Attendance at the status conference is considered mandatory and cannot be

waived.

(d) The Defendant, at the time of arraignment, may enter a plea of not guilty, guilty

or, with the consent of the judge, nolo contendere. If a guilty or nolo contendere plea is entered,

the Court shall proceed as set forth in Pa.R.Crim.P. 590. If the case is not disposed of at this time,

the Defendant shall be given notice of the next required court appearance.

Comment: This rule implements Pa.R.Crim.P. 571. It contemplates that

attendance at the arraignment and status conference is mandatory, except that the arraignment,

but not the status conference, may be waived by a defendant who is represented by counsel as

provided in section (b). Incarcerated defendants who are represented by counsel may wa ive

arraignment in writing and appear in court only for their status conference. Where counsel cannot

appear for the arraignment, counsel should obtain approval in advance from the arraignment

judge for the Defendant to appear without counsel. A suitable date for the next listing of the case

should be tentatively set at the time of the approval; and a waiver of arraignment should be filed.

The waiver of arraignment form, which must be signed by the defendant and by

counsel, shall contain an acknowledgment that the Defendant: (a) understands the nature of the

charges; (b) understands the rights and requirements contained in Pa.R.Crim.P. 571(C ); and (c)

waives his or her right to appear for arraignment.

Note: This Rule was originally adopted at R. 702; it was readopted as CR 303 by

Order dated November 20, 1991, and published at 21 Pa.B. 5639 et seq. (December 7, 1991). The

Rule has been amended to reflect current practices.

Leh.R.Cr.P. 576.1. ELECTRONIC FILING AND SERVICE OF LEGAL PAPERS

(A) The electronic filing of legal papers in the Lehigh County Court of Common Pleas, 31st

Judicial District, is permissive in accordance with Pa.R.Cr.P. 576.1 and this rule.

(B) Local Rule

(1)(a) The legal papers which shall be filed electronically shall encompass all written motions,

written answers, and any notices or documents for which filing is required or permitted,

including orders and attachments, except for the following:

(i) applications for search warrants;

(ii) applications for arrest warrants;

(iii) any grand jury materials, except the indicting grand jury indictment or the

investigating grand jury presentment;

(iv) submissions filed ex parte as authorized by law;

(v) submissions filed or authorized to be filed under seal;

(vi) exhibits offered into evidence, whether or not admitted in a court proceeding; and

(vii) applications for continuance;

(1) Applications for continuance for criminal cases at the Common Pleas level

can be submitted to Court Administration via facsimile at 610-871-2779, via

email at CAHelp@lehighcounty.org, or in person.

(2) Applications for continuances on DUI cases at the Common Pleas level can be

submitted to Court Administration via facsimile at 610-871-2779, via email at

DUIContinuance@lehighcounty.org, or in person.

(viii) notice of appeals;

Notice of Appeals for criminal cases can be submitted to the Clerk of Courts in

person, or by mail with appropriate filing fees; or via email at

COJRMotions-Orders@lehighcounty.org if the filing fee has been waived.

(1)(b) Any party who declines to participate in electronic filing, or who is unable to

electronically file legal papers, or who is otherwise unable to access the system, shall be able

to file legal papers in a physical paper format in accordance with Pa.R.Cr.P. 576(a)(2). Any

party who declines to participate in electronic filing, or accept service of legal papers which

were filed electronically, or who is otherwise unable to access the system, shall be served

legal papers in a physical paper format in accordance with Pa.R.Cr.P. 576(b)(2).

(1)(c) The Administrative Office of Pennsylvania Courts has agreed upon the

implementation plan for the use of PACFile in the Lehigh County Court of Common Pleas,

31st Judicial District.

(C) Filing

When cases are consolidated or related, the legal paper submitted for filing shall be filed in

each consolidated case.

(D) Service

Service upon the Court Administrator shall be done electronically and automatically through

PACFile.

Leh.R.Cr.P. 700. SENTENCING JUDGE.

The sentence following a plea of guilty or nobo contendere may be imposed by a

judge other than the judge who received such plea whenever such substitution of judges shall

enhance the efficient disposition of cases. In such instances, the defendant shall be given due

notice at the time of entering the plea.

Note: This Rule was adopted as R. 1401(a) by Order dated April l6, 1976, and

published at 6 Pa.B. 1041 (September 8, 1976).

Leh.Cr.R.J.A. 1901. TERMINATION OF INACTIVE CRIMINAL CASES.

The Clerk of Courts –Criminal shall prepare for call on the first Monday of

November of each year, or on such other date as the Court may by special order direct, a list of

all criminal proceedings in which no steps or proceedings have been taken for two years or more.

The Clerk shall give notice thereof to the attorney for the Commonwealth, any private prosecutor,

the Defendant, and the Defendant’s attorney of record, as provided by Pa.R.J.A. No. 1901(c). If

no good cause for continuing a proceeding is shown at the call of the list, the Court shall enter an

order dismissing the proceedings.

Note: This Rule implements Pa.R.J.A. No. 1901 for Criminal Cases in Lehigh

County. Former L.C. Rule 532(b)(1) was not given a new criminal number in Administrative

Order 174 - M - 1987 (17 Pa.B.3406), when the Criminal Rules were renumbered and spun off

from the Civil Rules, nor was it included in Civil Rule 239 adopted on July 20, 1990, File No.

90- J-4, 20 Pa.B. 4176 et seq.(August 14, 1990). The Rule subsequently was contained in an

Administrative Order adopted August 29, 1990, File No. 381-M-1990, 20 Pa.B. 4953 (September

29, 1990).

Rule 4009. Court Reporting and Transcripts – Fees and Procedures.

(A) Procedures for requesting a transcript:

(1) All requests for transcripts shall be set forth on the standardized form,

Request for Transcript or Copy Form, available at

http://www.lccpa.org/forms/RequestforTranscript.pdf

(2) For an ordinary transcript, the party requesting a full or partial transcript of

a trial or other court proceeding shall file the original Request for

Transcript Form with the appropriate filing office (i.e., Clerk of Judicial

Records – Civil Division, Clerk of Judicial Records – Criminal Division,

Orphans’ Court, or the Domestic Relations Section) based upon the

specific case type. The requesting party shall also serve copies of the

Request for Transcript Form upon:

(a) the Judge presiding over the matter; and

(b) the Court Reporter

by delivering two (2) copies of the Request for Transcript

Form to the Court Administrator’s Office located in Room

614; and

(c) opposing counsel or the opposing party, if not represented.

(3) The Court Reporter shall prepare the transcript upon:

(a) the approval of the Presiding Judge; and

(b) payment of the deposit by the requesting party to the

appropriate filing office in accordance with the order of the

Presiding Judge.

(4) The Court Reporter shall file the transcript and serve the requesting party

with a copy of the transcript upon payment of the balance owed by the

requesting party to the appropriate filing office in accordance with the

order of the Presiding Judge.

(5) If a party is requesting daily, expedited or same day transcripts, or

provisions for secure electronic feed, the request for such transcripts or

service shall be filed with the appropriate filing office at least ten (10) days

prior to the scheduled proceeding. Copies of the written request shall be

delivered in accordance with subsection (2). Such requests will be

accommodated only upon approval of the Presiding Judge and the Court

Reporter.

(B) Economic hardship

(1) Pursuant to Pa.R.J.A. 4008(B), a request to waive or reduce transcript

fees shall be noted on the Request for Transcript Form and include a

fully completed In Forma Pauperis Petition pursuant to Pennsylvania

Rule of Civil Procedure 240, even if IFP status was previously granted

on the case.

(2) Litigants who have been approved for representation by Legal Aid

Services are not required to further prove economic hardship pursuant to

section (B)(1) above; however, they must attach to their Request for

Transcript Form a letter of certification from Legal Aid Services that the

litigant meets financial eligibility and that the matter is under appeal or that

the transcript being requested is necessary to advance the current litigation.

(C) Fees – original transcript – requesting party

(1) The fees payable by the party, other than the Commonwealth or a

subdivision thereof, initially requesting the transcript in an electronic

format shall be as follows:

(a) for an ordinary transcript, $2.50 per page;

(b) for an expedited transcript, $3.50 per page, if the Court Reporter

is able to accommodate the request and the Presiding Judge

approves; and

(c) for a daily transcript, $4.50 per page, if the Court Reporter

is able to accommodate the request and the Presiding

Judge approves; and

(d) for same day delivery, $6.50 per page, if the Court Reporter

is able to accommodate the request and the Presiding Judge

approves.

(2) When the transcript is prepared in bound paper format, the costs shall be

in accordance with paragraph (1) relating to electronic format plus a

surcharge of $0.25 per page.

(D) Fees - copies of transcript

A request for a copy of any transcript, made prior to filing the transcript of record, in

excess of the copy provided for in section (A)(4) of this Rule, shall be provided according to

the following schedule:

(1) $0.75 per page paper format; and

(2) $0.50 per page electronic copy.

(E) Fees – copies of transcript - previously ordered, transcribed and filed of record

A request for a copy of any transcript previously ordered, transcribed and filed of record

shall be provided according to the following schedule:

(1) $0.75 per page paper format; and

(2) $0.50 per page electronic copy.

(F) Fees - additional costs

The Presiding Judge may impose a reasonable surcharge in cases such as mass tort,

medical malpractice, or other unusually complex litigation where there is a need for Court

Reporters to significantly expand their dictionary. Such surcharges are at the discretion of

the Presiding Judge.

(G) Fees – secure electronic feed

The Presiding Judge may impose a reasonable surcharge in cases involving a secure

electronic feed during the proceeding. Such surcharge is at the discretion of the Presiding Judge.

(H) Payment of fees

All fees shall be made payable to the “County of Lehigh” and shall be delivered to the

appropriate filing office (i.e., Clerk of Judicial Records – Civil Division, Clerk of Judicial

Records – Criminal Division, Orphans’ Court, or the Domestic Relations Section) based on the

case type. No fees shall be paid directly to the Court Reporter or Transcriptionist.

(I) Rule as exclusive method to obtain, reproduce, distribute, or copy transcript of

portion thereof

No person shall obtain, reproduce, distribute, or copy any transcript or portion thereof

except in accordance with this rule.