Current through Register Vol. 54, No. 45, November 9, 2024
Rule 1005 - Pretrial Applications for Relief(A) All pretrial applications for relief including those for suppression of evidence may be made orally or in writing. If in writing, a copy of the application shall be submitted prior to trial to the attorney for the Commonwealth.(B) Pretrial applications shall be heard on the day set for trial immediately prior to the trial. If the decision is adverse to the Commonwealth, the Court shall grant the Commonwealth a continuance upon motion of the attorney for the Commonwealth to give the attorney for the Commonwealth the opportunity to take an appeal.(C) The Commonwealth's appeal shall be taken not later than 30 days from the date of the decision on the pretrial application.(D) After an appeal pursuant to this rule is filed, and the Commonwealth has certified in the notice of appeal that the order will terminate or substantially handicap the prosecution, the Municipal Court shall take no further action in the case, unless otherwise provided in these rules.The provisions of this Rule 1005 amended November 9, 2017, effective 1/1/2018, 47 Pa.B. 7181.