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Rule 571 – Arraignment

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) Except as otherwise provided in paragraph (D), arraignment shall be in such form and manner as provided by local court rule. Notice of arraignment shall be given to the defendant as provided in Rule 114 or by first class mail. Unless otherwise provided by local court rule, or postponed by the court for cause shown, arraignment shall take place no later than 10 days after the information has been filed.
(B) In the discretion of the court, the arraignment of the defendant may be conducted by using two-way simultaneous audio-visual communication. When the counsel for the defendant is present, the defendant must be permitted to communicate fully and confidentially with defense counsel immediately prior to and during the arraignment.
(C) At arraignment, the defendant shall be advised:

(1) of the right to be represented by counsel;
(2) of the nature of the charges contained in the information;
(3) of the right to file motions, including a Request for a Bill of Particulars, a Motion for Pretrial Discovery and Inspection, a Motion Requesting Transfer from Criminal Proceedings to Juvenile Proceedings Pursuant to 42 Pa.C.S. § 6322, and an Omnibus Pretrial Motion, and the time limits within which the motions must be filed; and.
(4) if the defendant fails to appear without cause at any proceeding for which the defendant’s presence is required, including trial, that the defendant’s absence may be deemed a waiver of the right to be present, and the proceeding may be conducted in the defendant’s absence.

If the defendant or counsel has not received a copy of the information(s) pursuant to Rule 562, a copy thereof shall be provided.

(D) A defendant may waive appearance at arraignment if the following requirements are met:

(1) the defendant is represented by counsel of record and counsel concurs in the waiver; and
(2) the defendant and counsel sign and file with the clerk of courts a waiver of appearance at arraignment that acknowledges the defendant:

(a) understands the nature of the charges;
(b) understands the rights and requirements contained in paragraph (C) of this rule; and
(c) waives his or her right to appear for arraignment.

234 Pa. Code § 571

Committee Explanatory Reports:

Report explaining the August 12, 1993 amendments published at 22 Pa.B. 3826 (July 25, 1992) .

Final Report explaining the May 1, 1995 changes published with the Court’s Order at 25 Pa.B. 1944 (May 20, 1995) .

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 November 17, 2000 amendments concerning a defendant’s waiver of appearance at arraignment published with the Court’s Order at 30 Pa.B. 6184 (December 2, 2000) .

Final Report explaining the May 10, 2002 amendments concerning advanced communication technology published with the Court’s Order at 32 Pa.B. 2591 (May 25, 2002) .

Final Report explaining the March 3, 2004 amendments updating the cross-references correlative to the March 3, 2004 changes to the motions rules published with the Court’s Order at 34 Pa.B. 1561 (March 20, 2004) .

Final Report explaining the August 24, 2004 addition of paragraph (E) and the correlative Comment provisions published with the Court’s Order at 34 Pa.B. 5025 (September 11, 2004) .

Final Report explaining the May 1, 2007 deletion of paragraph (E) and the correlative Comment provisions published with the Court’s Order at 37 Pa.B. 2503 (June 2, 2007) .

Final Report explaining the July 31, 2012 amendments concerning requests for transfer from criminal proceedings to juvenile proceedings published with the Court’s Order at 42 Pa.B. 5340 (August 18, 2012) .

Final Report explaining the May 2, 2013 amendments concerning notice of consequences of failing to appear published the Court’s Order at 43 Pa.B. 2710 (May 18, 2013) .