Philadelphia Cnty. C.P. CP-Trial Division-Criminal CP 51

After you were arrested, your case was sent to a Philadelphia County Indicting Grand Jury instead of

being listed for a preliminary hearing in Municipal Court. Evidence regarding the incident for which

you are charged was presented to the Philadelphia County Indicting Grand Jury and the Grand Jury

issued an indictment for the charge of and related offenses. Following the indictment, an

Indicting Grand Jury Supervising Judge ordered that you stand trial in Common Pleas Court. The next

listing for your case is on in Courtroom_______ before Judge___________________.

Your attorney will be provided discovery today according to the Pennsylvania Rules of Criminal

Procedure. However, Indicting Grand Jury material may not be disclosed to your attorney until 60 days

prior to trial at the pretrial readiness conference before your assigned trial judge, unless otherwise

ordered by the court. You will be subpoenaed to court for the pretrial readiness conference, which is

generally scheduled sixty (60) days before your trial date. Upon disclosure of the Indicting Grand Jury

material in your case, your attorney will have the right to file a motion to quash seeking to dismiss the

case for insufficient evidence. The motion to quash will be heard by the assigned trial judge. Your

attorney will also review the grand jury material with you prior to trial but you will not be permitted to

retain a copy of the grand jury material.

At any time, your attorney may file a bail motion, as well as any other requests about the Indicting

Grand Jury material, on your behalf with an Indicting Grand Jury Supervising Judge.

Your attorney is and can be reached at.

Defendant’s Signature _________________________________________________________________

By Trial Commissioner ________________________________________________________________

Rule *571. Arraignment

Arraignments may be conducted by Trial Commissioners. As authorized by Pa.R.Crim. P. 571,

the Arraignment is scheduled as a matter of course approximately fourteen (14) days after the

date the matter is held for court, or a Municipal Court Appeal is filed. The District Attorney

shall file the Information before the scheduled Arraignment date and must have discovery

available at the Arraignment. If the Information has not been filed before the scheduled

Arraignment date, and the Arraignment is not waived by the defendant, the Arraignment shall be

continued until the Information is filed. However, the Arraignment may be waived, even if the

Information has not been filed, consistent with Pa.R.Crim.P. 571.

Note: Amended September 20, 2019, effective December 2, 2019.

Rule *576. Electronic Filing and Service of Motions and Other Papers

Filing and Service of Motions and Other Legal Papers

(a)(1) General Scope and Purpose of this Rule. The electronic filing of motions and other legal

papers in the criminal courts of Philadelphia County is hereby authorized as specifically

provided in this rule. The applicable general rules of court and court policies that implement the

rules shall continue to apply to all filings regardless of the method of filing. Electronic filing and

service shall be governed by this rule.

(2) Legal papers. In the context of this rule, the ‘’legal papers’’ which may be filed

electronically shall encompass all written motions, written answers and any notices or

documents for which filing is required or permitted, including orders, exhibits and

attachments, but excluding:

(i) applications for a search warrant;

(ii) applications for an arrest warrant;

(iii) grand jury materials;

(iv) legal papers filed ex parte as authorized by law; and

(v) legal papers filed or authorized to be filed under seal.

Comment: The primary intent of this rule is to facilitate the electronic filing of all legal papers other than

as specifically excluded in this subsection. Until such time as necessary protocols are adopted to permit the

electronic filing of these excluded legal papers, they shall be filed in paper format so as to limit potential

harm to any party and to protect the confidentiality of information as provided by law.

(b) Participation and Fees.

(1) An attorney must establish an account, apply for a Username, Password and Personal

Identification Number (“PIN’’), and supply an email address in order to use the Criminal

Electronic Filing System. An attorney is responsible for the actions of other individuals

whom the attorney authorizes to use the attorney’s account. Parties who are proceeding

without counsel must also establish an account, apply for a Username, Password and

Personal Identification Number (“PIN’’), supply an email address and be authorized to

access their cases through the Criminal Electronic Filing System. Service of electronic filings

on attorneys who have established an account and on parties without counsel who have been

authorized will be made automatically by the Criminal Electronic Filing System.

(2) The Office of Judicial Records shall not require the payment of a filing fee by any party

found by the court to be indigent and is represented by an attorney appointed pursuant to

Pa.R.Crim.P. 122 or Pa.R.Crim.P. 904, or who has been granted in forma pauperis status, or

is represented by an attorney who is providing free legal service to the party and has filed the

praecipe required by Pa.R.C.P. No. 240 (d).

(3) Applicable filing fees shall be paid electronically through procedures established by the

Office of Judicial Records, and at the same time and in the same amount as required by

statute, court rule or order. The Office of Judicial Records shall accept payment as follows:

(i) electronically, at the time the legal paper is electronically filed through the Criminal

Electronic Filing System, with the following credit or debit cards: American Express,

Discover, MasterCard, and Visa;

(ii) by mail, with certified or cashier check and money order; and

(iii) in person, in cash, certified checks and with the following credit or debit cards:

American Express, Discover, MasterCard, and Visa.

(c) Use of the Criminal Electronic Filing System.

(1) Electronic filings may be submitted through the website of the First Judicial District of

Pennsylvania: www.philacourts.us in accordance with the filing instructions contained in

this rule and as may be otherwise provided at that site.

(2) Electronic filings may be submitted at any time (with the exception of periodic

maintenance).

(3) The Criminal Electronic Filing System will attribute the filing of an electronic legal paper

to the party whose Username, Password and PIN is used to log on and file the legal paper.

The following additional provisions govern the signature and verification of legal papers:

(i) The signature of the filer on electronic filings shall be in the following form: /s/ Chris

L. Smith.

(ii) The sworn affidavit or verification required by Pa.R.Crim.P. 575(A)(2)(g) and

(B)(3)(d) shall be converted to a portable document format (hereinafter “pdf’’) and shall

be attached to the legal paper when it is electronically submitted.

(iii) Any exhibit or other legal paper that requires or contains multiple signatures shall be

converted to a pdf and shall be attached to the legal paper when it is electronically

submitted.

(iv) The electronic filer shall maintain the original of a sworn or verified document

contained in an electronic filing (e.g., affidavit) or contained within an electronic filing

(e.g., verification), and shall make it available upon direction of the court or reasonable

request of the signatory or opposing party.

(4) All legal papers electronically filed must be filed in a pdf and shall be maintained and

retained by the Office of Judicial Records in an electronic format. Neither the Office of

Judicial Records nor the court is required to maintain a hard copy of any legal paper filed

electronically as provided in this rule.

(5) The electronic filing of a motion constitutes a certification pursuant to Pa.R.Crim.P. 575

that the filing party or attorney has read the motion, that to the best of the filing party’s or

attorney’s knowledge, information and belief there is good ground to support the motion, and

that it is not interposed for delay.

(6) The Office of Judicial Records shall provide, through the Criminal Electronic Filing

System’s website, an acknowledgement that the legal paper has been received, including the

date and time of receipt, in a form which can be printed for retention by the filing party.

(7) Unless the legal paper is rejected by the Office of Judicial Records, and provided that the

requisite payment has been received prior to or at the date and time of submission, the filing

date and time of a legal paper shall be the date and time of submission. If the legal paper is

not rejected by the Office of Judicial Records, and the payment is received after the date and

time of submission, the filing date and time of a legal paper shall be the date and time

payment is received.

(8) Upon review of the legal paper, the Office of Judicial Records shall provide, through the

Criminal Electronic Filing System’s website, an acknowledgement that:

(i) the legal paper has been accepted for filing, including the date and time of acceptance,

and that the legal paper was served on the parties as provided in this rule, in a form which

can be printed for retention by the filing party; or

(ii) the legal paper has been rejected as authorized by law. The Office of Judicial Records

shall immediately notify, by email, the filing party of the reason for the rejection and

whether the legal paper may be modified or a new legal paper must be submitted.

(9) A filing party shall be responsible for any delay, disruption, interruption of the electronic

signals and legibility of the document electronically filed, except when caused by the failure

of the Criminal Electronic Filing System’s website.

(d) Legal Papers Filed in a Paper Format. Any legal paper submitted for filing to the Office of

Judicial Records in a paper (or “hard-copy’’) format shall be accepted by the Office of Judicial

Records in that format and shall be retained by the Office of Judicial Records as may be required

by applicable rules of court and record retention policies. The Office of Judicial Records shall

convert such hard-copy legal paper, other than any legal paper filed under seal, to pdf. Once

converted to pdf, the pdf version of the legal paper shall be deemed to be, and shall be treated as,

the original legal paper and may be used by the parties and the court for all purposes, including

court hearings and trials, in the Municipal Court and the Court of Common Pleas.

(e) Record on Appeal. Electronically filed legal papers, and copies of legal papers filed in a

paper format as provided in subsection (d), shall become the record on appeal.

(f) Confidential information. Rescinded, effective January 6, 2018, See Administrative Docket

No. 01 of 2018.

(g) Service of Legal Papers.

(1) Use of the Criminal Electronic Filing System shall constitute the filer’s certification that

the submission is authorized and that electronic notice and service of other documents

through the Criminal Electronic Filing System will be accepted by the filer.

(2) The submission of an electronic filing shall satisfy the service requirements of

Pa.R.Crim.P. 576 on any attorney or party who has established an account as provided in

subsection (b)(1) of this rule.

(3) Service of electronic filings on any attorney or party who has not established an account

as provided in subsection (b)(1) of this rule shall be made by the traditional methods required

under Pa.R.Crim.P. 576.

(h) Miscellaneous provisions.

(1) Rescinded, effective January 6, 2018, See Administrative Docket No. 01 of 2018.

(2) Rescinded, effective January 6, 2018, See Administrative Docket No. 01 of 2018.

(3) Rescinded, effective January 6, 2018, See Administrative Docket No. 01 of 2018.

(4) The Office of Judicial Records shall provide training and assistance to all parties as may

be necessary to electronically file legal papers as provided in this rule.

(5) The Office of Judicial Records shall provide sufficient computer terminals at such

locations as may be determined from time to time to allow parties and the public to access

legal papers as provided by this rule and as authorized by applicable Public Access policies.

(i) As provided in subsection (a), the procedures contained in this rule control in the event a

provision herein conflicts with the Pennsylvania Rules of Criminal Procedure. In all other

respects, the Pennsylvania Rules of Criminal Procedure apply.

Editor’s Note: By order issued February 6, 2013, the Supreme Court of Pennsylvania authorized

the adoption of the instant rule as well as the implementation of the First Judicial District’s

Criminal Electronic Filing System. See Order No. 424, Criminal Procedural Rules Docket. The

duration of the Pilot Program was extended by the Supreme Court on a yearly basis in 2014 and

2015. See Nos. 449 and 460, Criminal Procedures Rules Docket. By order of the Supreme Court

issued on February 29, 2016, the Pilot Program was “… extended until further Order of Court.”

See Order No. 470, Criminal Procedures Rules Docket. By Order dated January 25, 2018 the

Supreme Court adopted Rule 576.1. Electronic Filing of Legal Papers, effective statewide on May

1, 2018, which authorizes implementation of local electronic filing rules and systems provided

that the “…Administrative Office of Pennsylvania Courts and the judicial district have agreed

upon an implementation plan for PACFile in the judicial district.” See Pa.R.Crim.P. 576.1

(B)(1)(d). Until such time, the First Judicial District’s Criminal Electronic Filing System

implemented pursuant to Rule 576 shall continue.

Note: Amended September 20, 2019, effective December 2, 2019.

Rule *588. Motion for Return of Property. Post-Deprivation Hearing

(A) Any person aggrieved by a search and seizure may move for the return of the property

seized by filing a motion with the Trial Division, Criminal regardless of whether criminal

charges have been filed against the owner of the property or the person in possession of the

property.

(B) In the event criminal charges have been filed against the owner of the property or the person in

possession of the property, the motion shall be filed utilizing the CPCMS number assigned to the

underlying case. If criminal charges have not been filed against the owner or person in possession of the

property, a Miscellaneous Docket number shall be assigned through CPCMS.

(C) The filer shall serve the Commonwealth through the District Attorney’s Office, and shall file an

Affidavit of Service. Provided, however, that the Commonwealth may agree to be served by the Office of

Judicial Records upon its receipt of the Motion.

(D) The Office of Judicial Records shall schedule a prompt hearing on the motion and shall

notify the Commonwealth and the filer.

(E) The assigned judge may require the filing of an Answer.

(F) In the event a forfeiture petition was filed by the Commonwealth before the filing of a

motion for the return of property, the motion(s) shall be assigned to the same judge for

disposition, as practicable.

Note: Adopted August 11, 2016; published in the Pennsylvania Bulletin on August 27, 2016; effective

September 26, 2016. See Trial Division Administrative Order No. 02 of 2016. Amended by Trial Division

Administrative Order No. 07 of 2018, effective November 1, 2018.

Rule *600. Motions/Filing

Note: Rescinded September 20, 2019, effective December 2, 2019. Content governed generally by

Pa.R.Crim.P. 575 and 576.

Rule *605. Motions Court/Criminal Calendar Program and Homicide Cases

Note: Rescinded September 20, 2019, effective December 2, 2019. Content governed generally by

Pa.R.Crim.P. 575 and 576.

Rule *610. Motions-Criminal List Program Cases

Note: Rescinded September 20, 2019, effective December 2, 2019.

Rule *620. Procedure for Filing and Entertaining Rule 1100 (& Rule 6013) Motions

Note: Rescinded September 20, 2019, effective December 2, 2019.

Rule *630 Application to Suppress Evidence in Municipal Court Cases

Note: Rescinded September 20, 2019, effective December 2, 2019.

Rule *640. Recording of Sentence

Note: Rescinded September 20, 2019, effective December 2, 2019.