(a) The issuing
authority shall prepare and forward to the court of common pleas a transcript
of the proceedings in all summary cases when an appeal is taken and in all
court cases when the defendant is held for court.
(b) The transcript shall contain the
following information, where applicable:
(1)
the date and place of hearings;
(2)
the names and addresses of the prosecutor, defendant, and witnesses;
(3) the names and office addresses of counsel
in the proceeding;
(4) the charge
against the defendant as set forth in the prosecutor's complaint;
(5) the date of issuance of any citation,
summons, or warrant of arrest and the return of service thereon;
(6) a statement whether the parties and
witnesses were sworn and which of these persons testified;
(7) when the defendant was held for court the
amount of bail set;
(8) the nature
of the bail posted and the name and address of the corporate surety or
individual surety;
(9) a notation
that the defendant has or has not been fingerprinted;
(10) a specific description of any defect
properly raised in accordance with Rule 109;
(11) a notation that the defendant was
advised of the right to apply for the assignment of counsel;
(12) the defendant's plea of guilty or not
guilty, the decision that was rendered in the case and the date thereof, and
the judgment of sentence and place of confinement, if any; and
(13) any other information required by the
rules to be in the issuing authority's transcript.
(c)
Electronic Transmission.
(1) The president judge by local rule may
require the transcript and any associated documents to be electronically
scanned and transmitted to the clerk of courts in digital format in lieu of
transmitting the physical paper transcript and associated documents.
(2) The electronically scanned transcript and
associated documents shall constitute the original documents for purposes of
these rules.
(3) The issuing
authority shall retain the physical paper transcript and associated documents
as may be required by rule of court or records retention policies.
Comment:
The requirement of a docket was deleted from this rule in
1985 because dockets are now routinely maintained under the supervision of the
Administrative Office of Pennsylvania Courts. It is expected that issuing
authorities will continue to keep dockets of criminal proceedings. The
transcript requirements presuppose an accurate docket to supply the information
necessary to prepare a transcript.
The procedures regarding the filing of a transcript after
appeal in summary cases are set forth in Rule 460(c) and (d). For such
procedures after the defendant is held for court in a court case, see Rule 547.
With regard to other information required by the rules to be in the transcript,
see, e.g., Rule 542(G)(1).
The requirement that there be a notation indicating whether
the defendant has been fingerprinted as required by the Criminal History Record
Information Act,
18 Pa.C.S. ยง
9112, is to
alert the district attorney and the court whether it is necessary to have the
defendant fingerprinted after the case is held for
court.
Notes
The provisions
of this Rule 135 amended July 10, 2008, effective 2/1/2009, 38 Pa.B. 3971.
Amended by
Pennsylvania
Bulletin, Vol 54, No. 20. May 18, 2024, effective
4/1/2025
