Washington Cnty. C.P. Local Rules of Criminal Procedure (Updated August 1, 2025) (introduction)

27th JUDICIAL DISTRICT

WASHINGTON COUNTY COURT OF COMMON PLEAS

LOCAL RULES OF CRIMINAL PROCEDURE

RULE L-107. SUBPOENA

A subpoena is an order of court and may only be issued attendant to a proceeding at a

specified date and time before the court. The subpoena must state the name of the party

seeking the order and the identity, address, and phone number of the attorney, if any, who

requested the issuance of the subpoena.

(A) Issuance by Minor Judiciary. Upon the request of a party, the issuing authority

may issue a subpoena.

(1) The individual requesting the subpoena shall provide the issuing authority

with the information required in paragraph (C)(1).

(2) If the subpoena is to be issued, the issuing authority shall fill in the

information provided.

(3) The subpoena shall be signed by and under the seal of the issuing

authority.

(4) Nothing herein shall prohibit a judge of the court of common pleas from

issuing a subpoena for a case before an issuing authority.

(B) Service.

(1) A subpoena shall be served by:

(a) a competent adult personally delivering the subpoena to a witness;

(b) certified or registered mail, return receipt requested, or by first-class mail, to a witness; or

(c) carrier service delivering the subpoena to a witness.

(2) If a subpoenaed witness is under the age of majority, a parent or guardian

of the witness shall be served a copy of the subpoena, unless otherwise

ordered by the court for good cause shown.

(3) All subpoenas directed to the 27th Judicial District or any of its judicial

officers or employees shall be served on the District Court Administrator, who

has been designated as the agent for acceptance of service of subpoenas.

Subpoenas directed to a magisterial district court or a court-related filing

office for certified copies of official case records are not subject to this

provision.

(4) Service of a subpoena shall be the responsibility of the requesting party.

(C) Contents.

(1) The subpoena shall:

(a) order the witness named to appear before the court at the date,

time, and place specified to give testimony and to bring any records,

books, papers, documents, data, or other items identified or described

in the subpoena;

(b) state on whose behalf the witness is being ordered to testify;

(c) state the name, address, and phone number of the individual who

applies for the subpoena; and

(d) inform the witness that the failure to comply with the subpoena

may be considered by the court as grounds for contempt and that a

bench warrant may be issued for the arrest of the witness.

(2) Prior to the issuance of a bench warrant for failure to obey the subpoena,

the judge or issuing authority must ensure that the individual has received

sufficient notice of the proceeding and a reasonable amount of time to

comply. The requesting party has the burden of presenting and proving proof

of service.

(3) The entire contents of a subpoena, including the identity of the subpoenaed

person and to whom the subpoena was issued, are not public records.

Note: Concerning subpoenas for medical records, see 42 Pa. Con. Stat. Ann. §§ 6151-6160.

(D) Notice.

(1) Notice to parties of the issuance of a subpoena is not required.

(2) Notwithstanding any other provisions of this rule, a subpoena may only be

issued to the following individuals or entities with notice of at least seven (7)

business days prior to the proceeding, unless waived by the individual or

entity.

(a) judicial officers and employees of the 27th Judicial District;

(b) the District Attorney and his or her employees; or

(c) the Public Defender and his or her employees.

(3) The court upon ex parte motion may excuse compliance with the notice

requirements of this rule for good cause shown; any order, along with a copy

of the subpoena for which notice is excused, may be filed under seal until

further order of court.

(E) Protection of Persons or Entities. Upon motion or sua sponte, the court may

quash, vacate, or modify a subpoena, enter a protective order, deny a request, or

otherwise issue any appropriate order as justice requires, if the subpoena:

(1) lacks service;

(2) fails to allow reasonable time for compliance;

(3) requires disclosure of privileged or other protected matter and no

exception or waiver applies;

(4) is unreasonable, oppressive, or unduly burdensome;

(5) exceeds the scope of discovery otherwise permitted under the rules of

criminal procedure; or

(6) is contrary to statute, regulation, or rule of court.

(F) Automation. The District Attorney, Public Defender, and/or employed Conflict

Counsel may, if having adopted an automation program for case management which

will create and track subpoenas, affix an electronic signature of the President Judge if

he or she so approves for its use. The electronic signature shall have the same force

and effect as a subpoena containing an original ink signature and pressed seal.

(1) Records of subpoenas issued in this fashion must be produced upon

direction of the court, and may be filed if so ordered. The records shall be

maintained for the same period as the case record for the underlying criminal

matter is required to be retained by the custodian of the record.

(G) Signature. Subpoenas may only be issued or authorized by the court. The

President Judge may issue an administrative order permitting another to sign

subpoenas in accordance with Pa. R. Crim. P. 103. Absent such authorization, the

clerk of courts is specifically prohibited from issuing a subpoena on behalf of the

court.

(1) The signature on a subpoena may be electronically affixed or stamped.

The electronic signature or stamp shall have the same force and effect as a

subpoena containing an original ink signature and pressed seal.

(H) Docketing. The docketing of subpoenas shall be in a manner prescribed by the

President Judge or his or her designee.

(I) Fees. A fee for the issuance of a subpoena in the court of common pleas may be

charged and collected in such manner as ordered by the President Judge.

(J) Grand Jury. This rule shall not apply to any subpoena issued by a county-wide

investigating grand jury pursuant to 42 Pa. Con. Stat. Ann. § 4548.

RULE L-113. CRIMINAL CASE FILE AND DOCKET ENTRIES

(a) The clerk of courts serves as the custodian of the criminal case files on behalf of

the Court. Judges, the District Court Administrator, and authorized staff of the Court

may remove files from the custody of the clerk of courts for official court business,

unless access is otherwise restricted by law or order of court.

(b) Except as provided in the preceding subsection or applicable rule of procedure, no

case files shall be removed from the clerk of courts except upon subpoena duces

tecum or order of court. Nothing in this rule is intended to prohibit the removal

and/or transmittal of case files pursuant to a rule of appellate procedure.

(c) The clerk of courts may charge a reasonable cost for copies of publicly accessible

court records; provided, however, that any such cost shall not be imposed without the

approval of the President Judge. The term copy shall be defined to include those

items produced or transmitted electronically to a requestor. No cost shall be imposed

for the production of copies to staff or members of the Court for official business,

court-appointed counsel, or county agencies that are a participant in a case.

RULE L-114. ORDERS AND COURT NOTICES: FILING; SERVICE; AND

DOCKET ENTRIES

(a) Reserved.

(b) The clerk of courts shall serve all orders or court notices to parties or individuals

as set forth in Pennsylvania Rule of Criminal Procedure 114(B).

(1) The clerk of courts shall serve copies of all orders or court notices to any

other individual or entity as designated on the order or court notice. The clerk

of courts shall make such copies of orders or court notices as required to

perform service.

(2) Service on county agencies within the judicial district, including but not

limited to the county correctional facility, Sheriff, and Behavioral Health and

Developmental Services, may be made by facsimile or electronic address,

assigned box, or interoffice mail as approved by the President Judge, or his or

her designee.

(3) The Court, or the District Court Administrator upon the direction of the

President Judge, may effectuate service of orders or notices. If the Court or

District Court Administrator serves an order or notice, an original or copy

shall be transmitted to the clerk of courts for filing with a notation of each

party, attorney, entity, and/or individual that was served. The clerk of courts

shall make a docket entry noting the date of service, each party, attorney,

entity, and/or individual served, and the method of service.

(4) Nothing shall prohibit the Court and District Court Administrator, or their

respective designees, from directly filing an order or notice into the Common

Pleas Case Management System.

(c) The President Judge may issue by administrative order or regulation requirements

for the making of, and timeliness of, docket entries by the clerk of courts.

(d) Except as provided in Local Rule of Criminal Procedure 113, no case records

shall be removed from the custody of the clerk of courts except upon subpoena duces

tecum or order of court.

Comment: This rule is promulgated pursuant to the responsibility given to the President

Judge by Pennsylvania Rule of Criminal Procedure 116.

RULE L-117. COVERAGE: ISSUING WARRANTS; PRELIMINARY

ARRAIGNMENTS AND SUMMARY TRIALS; AND SETTING AND ACCEPTING

BAIL

(A)(1) Magisterial district judges shall provide continuous coverage for the issuance

of search warrants (pursuant to Rule 203) and arrest warrants (pursuant to Rule 513).

(A)(2) Magisterial district judges shall remain on-call during non-regular

business hours for the issuance of emergency orders under the Protection From Abuse

Act, and to provide the services set forth in 117 (A)(2)(a)(b) (c) and (d), in

accordance with the rotation schedule set forth by the District Court Administrator.

(A)(3) Magisterial district judges shall be available during normal business hours for

all other business, as set by the president judge.

(B) The designated on-call magisterial district judge shall be available during

weekdays at 11:00 p.m. and 7:30 a.m., and during weekends and holidays at 7:30

a.m., 3:30 p.m., and 11:00 p.m., pursuant to Pennsylvania Rule of Criminal

Procedure 117(B).

(C) Magisterial district judges, the clerk of courts and the warden of the appropriate

Correctional family, or his designee, shall be authorized to accept bail in accordance

with the provisions, and subject to the limitations, of the Pennsylvania Rules of

Criminal Procedure.

(effective 10/27/2014)

RULE L-130. PROCEDURE IN COURT CASES INITIATED BY ARREST

WITHOUT WARRANT

Pursuant to the authority set forth in Rule 130 of the Rules of Criminal Procedure, an

arresting officer, when the officer deems it appropriate, may promptly release from custody a

defendant who has been arrested without a warrant, rather than taking the defendant before

the issuing authority, when the following conditions have been met:

a. the most serious offense charged is a misdemeanor of the second degree;

b. the defendant is a resident of the Commonwealth;

c. the defendant poses no threat of immediate physical harm to any other person

or to himself or herself;

d. the arresting officer has reasonable grounds to believe that the defendant will

appear as required; and

e. the defendant does not demand to be taken before an issuing authority.

When a defendant is released pursuant to Pa. R. Crim. P. 130 (b) or pursuant to this

rule, a complaint shall be filed against the defendant within five (5) days of the defendant’s

release. Thereafter, a summons, not a warrant or arrest, shall be issued and the case shall

proceed as provided by Pa. R. Crim. P. 110.

RULE L-178. ADMISSIONS AND INELIGIBLE OFENDERS FOR A.R.D.

ADMISSIONS

a. Admission into the A.R.D. Program for Driving Under the Influence of

Alcohol or Controlled Substances.