PRINTER'S NO. 788
No. 697 Session of 1975
INTRODUCED BY POLITE, McCUE, E. H. SMITH, ZELLER, PITTS AND
HALVERSON, MARCH 11, 1975
REFERRED TO COMMITTEE ON LAW AND JUSTICE, MARCH 11, 1975
AN ACT
1 Amending the act of July 11, 1957 (P.L.819, No.380), entitled
2 "An act authorizing the Supreme and Superior Courts of
3 Pennsylvania to prescribe general rules of practice and
4 procedure in all criminal actions in certain courts of this
5 Commonwealth; authorizing certain courts to prescribe and
6 adopt local rules, not inconsistent with such general rules
7 of the Supreme and Superior Courts of Pennsylvania;
8 authorizing the Supreme and Superior Courts of Pennsylvania
9 to appoint a Criminal Procedural Rules Committee, and fixing
10 and defining its powers and duties; imposing duties on judges
11 and other officers of every court of record; fixing
12 penalties," requiring that a copy of the rules be sent to
13 each police department.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 1, act of July 11, 1957 (P.L.819,
17 No.380), entitled "An act authorizing the Supreme and Superior
18 Courts of Pennsylvania to prescribe general rules of practice
19 and procedure in all criminal actions in certain courts of this
20 Commonwealth; authorizing certain courts to prescribe and adopt
21 local rules, not inconsistent with such general rules of the
22 Supreme and Superior Courts of Pennsylvania; authorizing the
23 Supreme and Superior Courts of Pennsylvania to appoint a
1 Criminal Procedural Rules Committee, and fixing and defining its
2 powers and duties; imposing duties on judges and other officers
3 of every court of record; fixing penalties," is amended to read:
4 Section 1. The Supreme and Superior Courts of Pennsylvania
5 shall have the power to prescribe by general rule the forms of
6 process, writs, pleadings, and motions, and the practice and
7 procedure prior to and including verdict or plea of guilty and
8 motions in respect thereto in all criminal cases and proceedings
9 in the courts of oyer and terminer and courts of quarter
10 sessions of every county and for all other courts having
11 jurisdiction in criminal actions. Such rules shall be consistent
12 with the Constitution of this Commonwealth and shall neither
13 abridge, enlarge nor modify the substantive rights of any party
14 nor the jurisdiction of any of the said courts, nor affect any
15 statute of limitations. At the time of the adoption,
16 promulgation, and publication of its general rules, the Supreme
17 and Superior Courts shall fix the effective date thereof, which
18 shall not be less than six months from the date of the adoption
19 thereof. As soon as promulgated, a copy of all rules shall be
20 sent to the prothonotaries or clerks of all courts which may be
21 affected thereby, and shall be published by such prothonotaries
22 or clerks in the same manner as local rules adopted by such
23 courts. A copy shall also be sent to each police department in
24 the Commonwealth.
25 From and after the effective date of any rule promulgated
26 under this section, and so long as said rule shall be operative,
27 the operation of any act of Assembly relating to practice or
28 procedure in such courts, and inconsistent with such rule, shall
29 be suspended in so far as such act may be inconsistent with such
30 rule.
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