234 Pa. Code r. 1013 - Prompt Trial-Municipal Court

(A)

(1) Trial in a Municipal Court case shall commence no later than 180 days from the date on which the preliminary arraignment is held.

(2) Trial in a Municipal Court case in which the defendant appears pursuant to a summons shall commence no later than 180 days from the date on which the complaint is filed.

(3) Trial in a case that commenced as a Common Pleas Court case but was later ordered to be tried in Municipal Court shall commence no later than 180 days from the date on which the preliminary arraignment is held or 60 days from the date on which the order is made, whichever is greater.

(4) Trial in a case which is transferred from the juvenile court to the Municipal Court shall commence no later than 180 days from the date of filing the transfer order.

(B) For the purpose of this rule, trial shall be deemed to commence on the date the Municipal Court judge calls the case to trial, or the defendant tenders a plea of guilty or nolo contendere.

(C)

(1)

(a) At any time prior to the expiration of the period for commencement of trial, the attorney for the Commonwealth may apply to the Court orally or in writing for an order extending the time for commencement of trial. The defendant shall have the right to be heard on the Commonwealth's motion.

(b) If the motion is in writing, a copy shall be served upon the defendant through the defendant's attorney, if any.

(c) Such motion shall allege facts in support thereof, and shall be granted only upon findings based upon a record showing that trial cannot be commenced within the prescribed period despite due diligence by the Commonwealth and, if the delay is due to the Court's inability to try the defendant within the prescribed period, upon findings based upon a record showing the causes of the delay and the reasons why the delay cannot be avoided.

(d) Any order granting a motion for extension shall specify the date or period within which trial shall be commenced. Trial shall be scheduled for the earliest date or period consistent with the extension request and the court's business, and the record shall so indicate.

(2) It shall be the responsibility of the Court Administrator of Philadelphia, in addition to any prior listings, to list cases for trial not more than 40 days nor less than 20 days prior to the expiration of the period specified in paragraph (A). If the case cannot be tried at that listing, there shall be a judicial determination as to when trial shall commence.

(D) In determining the period for commencement of trial, there shall be excluded therefrom:

(1) any period of time for which the defendant expressly waives Rule 1013; and

(2) such period of delay at any stage of the proceedings as results from:

(a) The unavailability of the defendant or counsel; and

(b) any continuance granted at the request of the defendant or counsel.

(E) At any time before trial, the defendant or counsel may apply to the court orally or in writing for an order dismissing the charges with prejudice on the ground that this rule has been violated. If in writing, a copy of such motion shall be served upon the attorney for the Commonwealth. The attorney for the Commonwealth shall have the right to be heard on the motion for dismissal. Any order granting such motion shall dismiss the charges with prejudice and discharge the defendant.

(F) Nothing in this rule shall be construed to modify any time limit contained in any statute of limitations.

(G) A trial de novo in the Court of Common Pleas shall commence within a period of 120 days after the notice of appeal from the Municipal Court is filed. In all other respects the provisions of Rule 600 shall apply to such trials in the Court of Common Pleas.

(H) When a retrial is required in Municipal Court, the retrial shall commence within 90 days after the date of the order requiring the retrial.

(I) When a judge has ordered that a defendant's participation in the ARD program be terminated pursuant to Rule 318, trial shall commence within 90 days of the termination order.

Notes

234 Pa. Code r. 1013

The provisions of this Rule 1013 amended August 8, 2002, effective 1/1/2003, 32 Pa.B. 4122; amended June 26, 2003, effective 7/1/2003, 33 Pa.B. 3363; amended July 1, 2013, effective 8/1/2013, 43 Pa.B. 4062; amended October 24, 2013, effective immediately, 43 Pa.B. 6657.