A. Arraignment
(1) Arraignment shall take place in open Court at such time as designated by the Court Administrator as required by these rules.
(2) If a defendant wishes to plead not guilty, said plea shall be noted on the information and signed by the defendant. If the defendant wishes to plead guilty or nolo contendere, the Court shall conduct a colloquy on the record prior to accepting a plea of guilty or nolo contendere. The Defendant shall be advised that he or she will not be required to attend the calendar call or the jury selection unless the plea is not entered or is refused by the Court in which case the defendant will be required to follow the original schedule provided to him or her on the Criminal Case Scheduling Form.
B. Waiver of Arraignment
(1) A defendant who has counsel of record may, prior to arraignment, waive the arraignment by filing a Waiver of Arraignment form in the Clerk of Courts office substantially similar to Form 303 B. A copy of the waiver shall be served upon the District Attorney pursuant to Local Rule 9023.
(2) If a written Waiver of Arraignment is filed prior to the scheduled date of arraignment, the scheduled date of arraignment shall be deemed the day of arraignment for the purpose of computing time limitations for filing all pre-trial motions and requests pursuant to Pa.R.Crim.P. 304, 305, and 307 and for the purpose of scheduling further dates pursuant to these rules.
Form 303 B
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
_______________COUNTY BRANCH
CRIMINAL
COMMONWEALTH OF PENNSYLVANIA
VS. No.
OTN No.
____________________________________
Defendant
WAIVER OF FORMAL ARRAIGNMENT AT COMMON PLEAS
COURT LEVEL
I, the undersigned counsel, do hereby appear on the Defendant's behalf
and do waive the arraignment provided for in Pa. R.Crim.P. 303.
I, the undersigned Defendant, understand that:
1. The information containing the charges against me will be filed in
the office of the Clerk of Courts and a copy will be mailed to my attorney
and to me.
__________[Defendant's initials]
2. Any discovery must be concluded 14 days after the stated arraignment
date.
__________[Defendant's initials]
3. I must file a Request for Bill of Particulars in writing within 7
days after the stated arraignment date.
__________[Defendant's initials]
4. If I intend to offer the defense of alibi, insanity or mental
infirmity, I must notify the attorney for the Commonwealth in writing
within 30 days after the stated arraignment date.
__________[Defendant's initials]
5. I must file all pre-trial motions for relief on or before 30 days
from the stated arraignment date.
__________[Defendant's initials]
6. If I fail to file any motions for discovery or pre-trial relief
within the prescribed time limits, it shall be considered a waiver of my
right to file such motions.
___________[Defendant's initials]
7. I must give the Court notice no later than the time set for the call
of the trial list in my case [which date has been provided to me on the
Criminal Case Scheduling Form I have received] if I desire to have my case
tried before a judge without a jury.
___________[Defendant's initials]
8. If I want to enter a guilty or no contest plea in this case as a
result of a plea bargain, I must do so no later than the date set for
criminal calendar call.
___________[Defendant's initials]
Date:_______________________
__________________________________
Signature of Defendant
__________________________________
Signature of Counsel
Original: Clerk of Courts
Copies: Court Administrator
District Attorney
Defense Counsel
Defendant