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Rule 1010 – Procedures for Trial De Novo

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) When a defendant appeals after conviction by a Municipal Court judge,

(1) in a non-traffic summary case, upon the filing of the transcript and other papers, the case shall be heard de novo by the judge of the Court of Common Pleas sitting without a jury.
(2) In a Municipal Court case, the attorney for the Commonwealth, upon receiving the notice of appeal, shall prepare an information and the matter shall thereafter be treated in the same manner as any other court case.
(B) If the defendant fails to appear for the trial de novo, the Common Pleas Court judge may dismiss the appeal and thereafter shall enter judgment in the Court of Common Pleas on the judgment of the Municipal Court judge.
(C)Withdrawals of Appeals.

(1) If the defendant withdraws the appeal, the Common Pleas Court judge shall enter judgment in the Court of Common Pleas on the judgment of the Municipal Court judge.
(2) In a Municipal Court case, the defendant may withdraw the appeal only with the written consent of the attorney for the Commonwealth.
(D) At the time of sentencing, the Common Pleas Court judge shall:

(1) if the defendant’s sentence includes restitution, a fine, or costs, state:

(a) the amount of the fine and the obligation to pay costs;
(b) the amount of restitution ordered, including

(i) the identity of the payee(s),
(ii) to whom the restitution payment shall be made, and
(iii) whether any restitution has been paid and in what amount; and
(c) the date on which payment is due.

If the defendant is without the financial means to pay the amount in a single remittance, the Common Pleas Court judge may provide for installment payments and shall state the date on which each installment is due;

(2) advise the defendant of the right to appeal to the Superior Court within 30 days of the imposition of sentence, and that, if an appeal is filed, the execution of sentence will be stayed and the Common Pleas Court judge may set bail;
(3) if a sentence of imprisonment has been imposed, direct the defendant to appear for the execution of sentence on a date certain unless the defendant files a notice of appeal within the 30-day period; and
(4) issue a written order imposing sentence, signed by the Common Pleas Court judge. The order shall include the information specified in paragraphs (D)(1) through (D)(3), and a copy of the order shall be given to the defendant.
(E) After entry of judgment pursuant to paragraphs (B) or (C)(1), or after the trial de novo and imposition of sentence, the case shall remain in the Court of Common Pleas for the execution of sentence, including for the collection of any fines and restitution, for the collection of any costs, and for proceedings for violation of probation, intermediate punishment, or parole pursuant to Rule 708.

234 Pa. Code ยง 1010

Amended by Pennsylvania Bulletin, Vol 46, No. 13. March 26, 2016, effective 7/1/2016

Committee Explanatory Reports:

Final Report explaining the August 28, 1998 amendment published with the Court’s Order at 28 Pa.B. 4627 (September 12, 1998) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000) .

Final Report explaining the March 9, 2006 Comment revision concerning joinder of summary offenses with misdemeanor charges published with the Court’s Order at 36 Pa.B. 1385 (March 25, 2006) .

Final report explaining the February 12, 2010 amendments to paragraph (B) concerning the disposition of summary offenses at the court of common pleas published with the Court’s Order at 40 Pa.B. 1068 (February 27, 2010) .

Final Report explaining the September 21, 2011 amendments to paragraphs (A) -(C) and adding new paragraphs (D) and (E) concerning the procedures for trials de novo in the Court of Common Pleas published with the Court’s Order at 41 Pa.B. 5353 (October 8, 2011) .