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Rule 903 – Docketing and Assignment

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) Upon receipt of a petition for post-conviction collateral relief, the clerk of courts promptly shall time stamp the petition with the date of receipt and make a docket entry, at the same term and number as the underlying conviction and sentence, reflecting the date of receipt, and promptly shall place the petition in the criminal case file. The clerk shall transmit the petition and the criminal case file to the trial judge, if available, or to the administrative judge, if the trial judge is not available. If the defendant’s confinement is by virtue of multiple indictments or informations and sentences, the case shall be docketed to the same term and number as the indictment or information upon which the first unexpired term was imposed, but the court may take judicial notice of all proceedings related to the multiple indictments or informations.
(B) When the petition is filed and the docket entry is made, the clerk shall transmit a copy of the petition to the attorney for the Commonwealth.
(C) The trial judge, if available, shall proceed with and dispose of the petition in accordance with these rules, unless the judge determines, in the interests of justice, that he or she should be disqualified.
(D) When the trial judge is unavailable or disqualified, the administrative judge promptly shall assign and transmit the petition and the record to another judge, who shall proceed with and dispose of the petition in accordance with these rules.

234 Pa. Code ยง 903

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 11, 1997 amendments published with the Court’s Order at 27 Pa.B. 4305 (August 23, 1997) .

Final Report explaining the January 21, 2000 Comment revision cross-referencing Rule 1504(F) (1) (a) published with the Court’s Order at 30 Pa.B. 624 (February 5, 2000) .

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 3, 2004 changes concerning making docket entries published with the Court’s Order at 34 Pa.B. 1561 (March 20, 2004) .

Final Report explaining the June 21, 2012 revision of the Comment concerning the former abolition of the indicting grand jury published with the Court’s Order at 42 Pa.B. 4153 (July 7, 2012) .