Rule 1012 Recording and Transcribing Municipal Court Proceedings; Admissibility of Testimony at Trial De Novo
Chapter 10: Rules of Criminal Procedure for the Philadelphia Municipal Court and the Philadelphia Municipal Court Traffic Division
Rule Text
(A) Rule 115 and Pa.R.J.A. No. 4007, relating to the recording and transcribing of court proceedings, shall apply to Municipal Court case proceedings after the preliminary arraignment or, when a defendant appears pursuant to a summons, after the defendant’s first appearance.
(B) No testimony produced at the Municipal Court trial or at any pretrial hearing in the Municipal Court shall be admissible at the trial de novo except in those cases in which the defendant was represented by counsel and had the opportunity to cross examine, and the witness afterwards dies, or is out of the jurisdiction so that the witness cannot be effectively served with a subpoena, or cannot be found, or becomes incompetent to testify for any legally sufficient reason properly proven.
Amendment history: The provisions of this Rule 1012 amended August 3, 2020, effective October 1, 2020, 50 Pa.B. 4123. Immediately preceding text appears at serial page (389122).