York Cnty. C.P. Local Rules of Criminal Procedure 7

district attorney shall provide a copy of the list to every defendant's attorney and every self-represented defendant on the list so the defendants and their attorneys are aware of the relative

timing for commencement of their trials during the term. Service may be made in paper or

electronic format.

(D) Beginning no later than one business day prior to the first day of the jury trial term, the

district court administrator shall assign cases for trial as each judge becomes available.

(1) The district court administrator shall start with the first case on the list provided by

the district attorney and proceed through the list in sequence, continuing until either the list is

exhausted or the trial term ends. Any cases ordered for date-certain or date-and-judge-certain

scheduling shall be assigned out of sequence as necessary to comply with the order. The district

court administrator may make minor deviations to the sequence in which cases are assigned, to

facilitate the efficient use of judicial resources.

(2) If the next case on the list cannot proceed to trial for any of the following reasons,

the district court administrator shall skip to the next case on the list and return to the skipped case

when the next judge becomes available:

(a) the court has previously ordered a date-certain or date-and-judge-certain for

the trial to commence later in the trial term;

(b) the prosecuting attorney, defendant or defendant's attorney is already in trial

with another case or is scheduled for an imminent date-certain or date-and-judge-certain trial in

another case; or

(c) one or more factors previously documented in section (C)(3) above preclude

commencement of trial before the available judge.

(E) The district court administrator shall notify the judge of the trial assignment, and the

judge shall direct the parties to appear to commence jury selection.

(1) If the district attorney declines to call the case for trial, absent good cause shown,

the court shall strike the case from the list for the remainder of the trial term.

(2) If the defendant requests continuance, the court may deny the request, or grant

the request and continue the case, either to a date-certain or date-and-judge-certain later in the term

as requested by the district attorney, or for listing by the district attorney in a subsequent term.

(3) If the defendant fails to appear for trial, the court may issue a bench warrant. If

the defendant subsequently appears or is apprehended during the term, the court shall proceed to

trial if the district attorney desires to call the case, or continue the case either to a date-certain or

date-and-judge-certain later in the term as requested by the district attorney, or for listing by the

district attorney in a subsequent term.

(F) The district attorney shall immediately notify the district court administrator of any

change in status of any case on the list, such as execution of a guilty plea, continuance or nol pros.,

diversion to ARD or a treatment court, or issuance of a bench warrant.

York R.Crim.P. 619. Admission, Custody and Substitution of Tangible Exhibits

(A) Counsel for the respective parties shall retain possession, and shall be responsible for

the care and custody, of all tangible exhibits used at trial, whether or not the same have been

presented, marked, identified and used, until such time as they have been formally offered into

evidence and the court has made a specific order directing their admission into evidence.

(B) From and after the making of such formal court order of admission, the clerk of courts

shall take possession, and shall be responsible for the care and custody, of all such tangible exhibits

during the remainder of the trial and thereafter until further order of the court.

(C) Immediately upon the termination of the trial, the clerk of courts shall assemble and

identify all such exhibits to the particular case and shall be responsible for their secure care,

custody and maintenance, and no such exhibits shall thereafter be removed or destroyed except

upon order of the court.

(D) A party who introduces an exhibit which is not readily stored in a standard letter-sized

folder shall cause the exhibit to be reduced in size, photographed, or otherwise reproduced so that

the exhibit may be readily stored in such folder without impairment of its visual quality.

(E) A party who introduces an exhibit which is not readily stored in a standard letter-sized

folder or easily reduced to such size shall take sufficient photographs of the exhibit, or otherwise

reproduce it, to accurately capture its likeness, using either film or digital medium and may be

expected to substitute the photographs or other reproduction of the actual exhibit in the trial record.

(F) Parties are expected to reduce large quantities of paper records or exhibits to commonly

used electronic formats for use at trial and for inclusion in the record.

(G) In the event that an exhibit is substituted by one of the means set forth in this Rule, the

offering party shall maintain the original exhibit in safe keeping until the conclusion of the case in

which the exhibit was admitted into evidence or made a part of the record.

(H) In the event special software is needed to view electronically stored exhibits, the party

offering the exhibits may be required to provide such software to the court for use during trial.

CHAPTER 7. POST-TRIAL PROCEDURES IN COURT CASES

PART A. SENTENCING PROCEDURES

York R.Crim.P. 700. Sentencing Judge

Pursuant to Pa.R.Crim.P. 700(B), sentence in any case arising from a plea of guilty or nolo

contendere, including probation violation or parole violation sanction or sentence, may be imposed

by any judge as assigned by the District Court Administrator. All defendants shall be notified of

this provision at the time they enter their plea.

York R.Crim.P. 706. Enforcement and Collection of Costs, Fines, and Restitution

(A) Determination of Ability to Pay

(1) When a defendant is ordered to pay fines, costs, or restitution and payment in full

is not made at sentencing in a single remittance, the Clerk of Courts may require the defendant to

provide a written statement of financial condition sufficient to determine ability to pay.

(2) The Clerk of Courts may schedule a Conference to review the defendant’s

financial circumstances and potentially offer an installment schedule.

(3) Any proposed payment plan shall reflect the defendant’s verified ability to pay

and shall be submitted to the assigned judge for approval and entry as a court order without the

necessity of a hearing.

(4) If an agreement cannot be reached, the Clerk shall file a petition requesting that

the court schedule a hearing to establish the financial obligations in accordance with the

defendant’s financial means.

(B) Modification by Community Service or Work Detail

(1) A defendant’s responsibility for payment of fines and costs imposed by the

court pursuant to law (see Pa.R.Crim.P. 706 and 42 Pa.C.S. § 1726) may be modified in

particular cases to the extent permitted by law.

(2) Such modification may include directing the defendant to perform work detail

or other community service in lieu of monetary payment, to defray some or all the fines and costs

imposed where permitted by law.

(3) Performance on a work detail or other community service shall defray fines and

costs at an hourly rate equal to Pennsylvania minimum wage.

(4) The availability of work detail or community service does not relieve the

defendant of the obligation to pay restitution, which shall remain payable to the victim as

required by law.

(C) Default and Enforcement

(1) When a defendant defaults on a payment order or approved plan, the Clerk of

Courts may petition the court for enforcement or contempt proceedings.

(2) Prior to filing or scheduling a hearing, the Clerk may offer the defendant an

opportunity to provide updated financial information for review and possible modification of the

Court Order.

(3) The petition for enforcement or contempt shall include a summary of all

payments received and the current balance due.

(4) A defendant shall not be imprisoned for failure to pay unless, after hearing, the

court finds that the defendant possesses the ability to pay and willfully fails to do so.

(5) The defendant shall be advised of the right to counsel at any enforcement or

contempt hearing.

(D) Hearings

(1) At any hearing to establish or modify a payment plan, or on a petition for

contempt, the court shall consider evidence of the defendant’s income, expenses, employment,

dependents, and other relevant circumstances.

(2) The Clerk of Courts shall provide the court with a record of payments made.

The defendant shall be afforded an opportunity to present evidence of payments or proof of

inability to pay.

(3) The court may also consider evidence that the defendant had the ability to pay

and willfully failed to do so, including but not limited to income, assets, employment history,

and expenditures.

(4) Upon review, the court may:

(a) Approve or modify the payment schedule;

(b) Order participation in a work detail or community service in accordance

with subsection (B);

(c) Continue the matter for additional review; or

(d) Upon finding willful nonpayment, impose sanctions permitted by law,

including incarceration as provided in Pa.R.Crim.P. 706.

(E) Orders to Appear; Bench Warrants

(1) Any order directing a defendant to appear for a payment plan or contempt

hearing shall include notice that failure to appear may result in the issuance of a bench warrant

and possible contempt proceedings.

(2) When a bench warrant is issued, the Clerk of Courts shall promptly serve a

copy on the defendant at the last known address and on counsel of record.

(3) A defendant arrested pursuant to such warrant shall be brought before the court

as soon as practicable for bail review and further proceedings on the underlying payment matter.

PART B. POST-SENTENCE PROCEDURES

York R.Crim.P. 720. Post-Sentence Procedures; Appeal.

(A) Filing.

(1) Post-sentence motions shall be filed with the Clerk of Courts in accordance with

Pennsylvania Rule of Criminal Procedure No. 720, and copies thereof shall forthwith be served

upon the District Attorney.

(B) Procedure.

(1) Briefing Schedule.

(a) Within ten (10) days after a post-sentence motion is filed, if the Judge

determines that briefs or memoranda of law are required for a resolution of the motion, the Judge

shall schedule a date certain for the submission of briefs or memoranda of law by the defendant

and the Commonwealth.

(2) Hearing; Argument.

(a) If the judge determines that a hearing is required, seven (7) days before the

date fixed for argument of any post-sentence motions, the defendant and counsel shall file with the

Clerk of Courts two (2) copies of a brief in support of all issues raised, and shall forthwith serve a

copy thereof upon the District Attorney.

(3) Three (3) days before the date fixed for argument of any post-sentence motions,

the District Attorney shall file with the Clerk of Courts two (2) copies of a brief in opposition, and

at the same time shall serve a copy of thereof on the defendant or counsel, who may at or before

the case is called for argument, file and serve a reply brief. No brief may be filed thereafter without

leave of Court.

(4) Failure of either party or counsel to file a brief in support of, or in opposition to,

any issue in the case may be considered by the Court to constitute a waiver of the position of such

party as to such issue.

(C) Briefs.

(1) All briefs shall be typewritten, and shall contain complete and accurate citations

of all authorities. Briefs shall contain a procedural history of the case, a statement of the questions

involved, and argument. All briefs more than ten (10) pages in length shall contain an index.

(D) Trial Transcripts.

(1) Argument on and briefing of such motion shall be had without a transcript of the

trial or other proceedings, unless grounds for the necessity of such transcription are detailed in the

motion.