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Rule 302*(c)-*(d). Attorneys - Appearances and Withdrawals.

*(c) Where counsel has entered an appearance, his representation of the defendant shall be effective until sentencing has been imposed.

*(d) Where counsel files a formal application without having filed his written entry of appearance as required by subsection (a) of this Rule, he shall nevertheless be deemed to have entered his appearance, and may not withdraw from representing the defendant without complying with subsection (b) of this Rule.

Rule 303*(e)-*(h). Arraignment.

*(e) Arraignment shall take place no later than twenty (20) days after the information has been filed.

*(f) At the time of arraignment, the Court shall provide to the defendant or his attorney written notice of the time periods within which he may request a bill of particulars, commence discovery and file an omnibus pre-trial motion. The written notice to be provided to the defendant or his attorney shall be in the following form:

 

 

Date of Arraignment

To the defendant:

Criminal charges have been lodged against you in Bucks County.

Pennsylvania Rule of Criminal Procedure No. 304 permits you or your attorney to serve a written request for a bill of particulars upon the District Attorney of Bucks County within seven days from your arraignment date. The request must set forth the specific particulars sought by you and the reason why the particulars are requested.

Pennsylvania Rule of Criminal Procedure No. 305 permits you, or your attorney, to file a motion for discovery which must be filed and served within fourteen (14) days after arraignment, unless the time for filing is extended by the Court.

Pennsylvania Rule of Criminal Procedure No. 307 permits you, or your attorney, to file an Omnibus Pretrial Motion for Relief which must be filed and served within thirty days after your arraignment date, unless opportunity therefore did not exist within the thirty day period, or your or your counsel, or the District Attorney, was not aware of the grounds for the motion or unless the time for filing has been extended by the Court for cause shown.

Pennsylvania Rule of Criminal Procedure No. 306 sets forth the required procedure to be followed when filing an Omnibus Pretrial Motion for Relief. Types of relief requested in such a pretrial motion shall include, but shall not be limited to, the following:

1. For continuance
2. For severance
3. For suppression of evidence
4. For psychiatric examination
5. To quash the information or informations
6. For change of venue
7. To disqualify a judge
8. For appointment of investigator
9. For pretrial conference

 

By the Court,

 

______________________

 

R. Barry McAndrews, P.J.

*(g) Inquiry shall be made by the Court at the time of arraignment whether the defendant can read and whether he understands the written notice provided him under subsection *(f) of this Rule.

*(h) When a waiver of arraignment is filed, the time periods for filing the discovery motion, omnibus pre-trial motion and the request for a bill of particulars shall begin and be calculated from the scheduled arraignment date.

Rule 304*(f). Pretrial Applications for Relief to be Heard by Judge Assigned to Case.

With the exception of applications to fix or modify bail, for bench warrants or for arraignments, all miscellaneous pretrial applications which do not require action by a Court en banc, shall be submitted to and decided by the judge to whom the case has been assigned or, if none, the motion judge, pursuant to Bucks County Civil Rule 266, provided, however, that Bucks County Rule 4003(B)(1) shall not apply to petitions and rules or other similar applications in criminal cases. Factual questions properly at issue in such proceedings shall be resolved by evidence at a hearing before the judge to whom the case has been assigned, or the motion judge, as the case may be. If the application shall properly involve matters of fact not of record, it shall be in the form of a petition with a form or order awarding a rule to show cause attached thereto. The answer shall have affixed thereto a form of order fixing a hearing date to be scheduled by the judge to whom the case has been assigned. Upon the filing of the application or upon the return day if a rule to show cause has been awarded, the clerk shall deliver the whole file to the judge to whom the case has been assigned, and the matter shall proceed as he/she may thereupon require for disposition.