Proposed & Final Rule Changes

Discover the most recent rule changes being proposed by the Pennsylvania Criminal Procedural Committee relating to criminal practice.  This page also highlights adoption of new rules and approved amendments to existing rules and comments by the Pennsylvania Supreme Court.   

March 2018

The Criminal Procedural Rules Committee is planning to propose to the Supreme Court of Pennsylvania the amendment of Rule 490 (relatign to theprocedure for obtaining expungement in summary cases).  Comments regarding the proposal are due Friday, May 18.
 

February 2018

The Pennsylvania Supreme Court adopted PA. R. Crim. Proc. 576.1 and amended Rules 113 (criminal case file and docket entries), 114 (orders and court notices-filing), and 576 (filing and service by parties).  The Final Report is published in The Pennsylvania Bulletiin (Feb. 10, 2018).

January 2018

The Pennsylvania Criminal Procedural Rules Committee proposes the adoption of a new Rule 556.13 (procedures following execution of warrant of arrest issued following indictment), the amendment of Rule 556.11 (grand jury) and the Comment to Rules 502, 513, 516, 517, and 518.  The proposed rule commentary is published in The Pennsylvania Bulletin (Jan. 20, 2018).  


Effective January 6, 2018, Pennsylvania Rule of Criminal Procedure 113.1 (filing of documents containing confidential information and confidential documents) was adopted and Rules of Criminal Procedure 560 (Information: filing and contents) and 575 (Motions and Answers) are amended and the Comment to PA R. Crim. Proc. 578 is revised (Omnibus Pretrial Motion for Relief) to assist in implementing the Court's new Public Access Policy of the Unified Jusicial System of Pennsylvania: Case Records of the Appellate and Trial Courts.  The Final Report published in the Pennsylvania Bulletin can be found in The Pennsylvania Bulletin (Jan.20,2018).    

The Court amended PA Rules of Criminal Procedure 140 (contempt proceedings before MDJ), 141 (appeals from contempt adjudications by MDJ), and 142 (defaults in payment of fines imposed as punishment for contempt) which shall be effective April 1, 2018.  The Final Report published in The Pennsylvania Bulletin (Jan.20, 2018).

The Criminal Procedural Rules Committee is planning to propose to the Supreme Court of Pennsylvaniai the amendment of Rules 403 (contents of citation), Rule 407 (pleas in response to citation), 408 (not guilty pleas--notice of trial), 409 (guilty pleas), 411 procedures following filing of citation), Rule 412 (pleas), 413 (not guilty pleas-notice of trial), 414 (guilty pleas), 422 (pleas in response to citation), 423 (not guilty pleas-notice of trial), 424 (guilty pleas), 454 (trial in summary cases), 456 (default procedures; restittution), and 470 (license suspension).  The proposed rules were published in The Pennsylvania Bulletin (Jan. 20, 2018). 

The Court amended PA Rules of Criminal Procedure 140 (contempt proceedings before MDJ), 141 (appeals from contempt adjudications by MDJ), and 142 (defaults in payment of fines imposed as punishment for contempt) which shall be effective April 1, 2018.  The Final Report published in The Pennsylvania Bulletin (Jan.20, 2018).

The UJS Public Access Policy (hyperlinked) took effect January 6, 2018 and, as explained by the Committee’s Final Report, “[u]nder the new Policy, the burden of ensuring that the confidential information or documents are filed in the proper manner rests with the filer and the court or record custodian will not review or redact the filings.”  The various Courts chosen method for compliance may be found at this link:  Courts: Methods for Filing

Effective April 1, 2018, upon the recommendation of the Pennsylvania Criminal Procedural Rules Committee, the Court amended Rule 462 (Trial De Novo) and revised the Comment to Rule 460 to clarify that when a petition to file a summary appeal nunc pro tunc is denied at the court of common pleas, the case remains at the common pleas level, in keeping with the Court's long-standing policy that once a case moves from a lower court to the court of common pleas the case should remain at common pleas. Accordingly, a new paragraph (F) has been added to Rule 462 that would state specifically that a late-filed appeal adjudicated at common pleas court would remain at common pleas court.  See the Final Report.