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Rule 1001 – Disposition of Criminal Cases-Philadelphia Municipal Court

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) A Municipal Court case is any case in which the only offense or offenses charged are misdemeanors under the Crimes Code or other statutory criminal offenses for which no prison term may be imposed or which is punishable by a term of imprisonment of not more than 5 years, including any offense under the Vehicle Code other than a summary offense.
(B) When one or more such offenses are charged in a single complaint or series of complaints against one defendant, all shall be joined in the same Municipal Court case, regardless of the length of the cumulative sentence which could be imposed on all charges.
(C) A Municipal Court case may be transferred from the Municipal Court to the Court of Common Pleas by order of the President Judge of the Court of Common Pleas, or the President Judge’s designee, upon the President Judge’s approval of:

(1) a certification by defense counsel that trial in the Municipal Court will unduly delay defendant’s access to a trial by jury; or
(2) a certification by both defense counsel and the attorney for the Commonwealth that the trial of the case will be so time consuming as to unduly disrupt the business of the Municipal Court.
(D) The attorney for the Commonwealth may file with the Municipal Court Clerk of Courts a written certification to exercise the Commonwealth’s right to a jury trial in a Municipal Court case. The attorney for the Commonwealth shall serve a copy of the certification on counsel for the defendant, or the defendant if unrepresented, and on the President Judge of Municipal Court. Upon receipt of the certification, the President Judge promptly shall schedule a preliminary hearing, and the case shall be conducted as provided in Rules 541, 542, 543 and 1003(E). When a case is held for court, the case shall remain in the Common Pleas Court through final disposition.

234 Pa. Code ยง 1001

Committee Explanatory Reports:

Final Report explaining the June 19, 1996 amendments published with the Court’s Order at 26 Pa.B. 3128 (July 6, 1996).

Final Report explaining the August 28, 1998 amendments 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 August 24, 2004 amendments clarifying the definition of ”Municipal Court Case” published with the Court’s Order at 34 Pa.B. 5025 (September 11, 2004).

Final Report explaining the January 5, 2007 amendments adding paragraph (D) concerning the Commonwealth’s right to a jury trial in a Municipal Court case published with the Court’s Order at 37 Pa.B. 313 (January 20, 2007).