Rule 590 - Pleas and Plea AgreementsA. The Court will be available for the purpose of taking guilty or nolo contendere pleas from time to time as designated by the Court Administrator on a day(s) which shall be designated as ''Plea Day'' or "DUI Court" on the Court Calendar. The day(s) selected shall be at least ten (10) days before the respective trial term.B. If a party desires to continue a regularly scheduled Plea Day or DUI Court Day, the request shall be made by written motion setting forth good cause for the request and shall be filed at least one week prior to the scheduled Court appearance.C. Requests for continuances should normally not be made on Plea Day or DUI Court Day except under unforeseen or extraordinary circumstances. If, after the conclusion of Plea Day or DUI Court Day, either party becomes aware of circumstances justifying a continuance, a request should be filed with the Court and all parties in writing prior to close of business on the Wednesday preceding criminal trial week. The motion shall set forth whether the other parties concur with or oppose the relief requested. D(1). All defendants and all attorneys representing defendants on a respective Plea Day or DUI Court Day must attend unless:a. the case has previously been resolved through plea or other disposition; or b. a motion for a continuance has been previously presented and granted; orc. the defendant and/or counsel and the District Attorney's Office have agreed that the defendant and/or counsel may be excused from the call of the list. D(2). Failure of the defendant to appear may result in the imposition of sanctions by the Court including the issuance of a bench warrant and revocation of bail bond. Failure of counsel to appear may result in the imposition of sanctions, including the imposition of attorney fees against counsel.E. No later than two weeks prior to the start of the trial term, Court Administration shall prepare and provide to the Court a preview list of all cases scheduled for the upcoming trial term. The Court shall set the trial schedule, taking into account Pa.R.Crim.P 600. Any case that cannot be heard due to unavailability of trial days during a trial term shall be continued by the Court to the following trial term for disposition. Such cases shall receive priority in scheduling during the following trial term. Court Administration shall release a list to the public of all cases scheduled for the trial term upon notification by the Court.F. If a defendant is represented by counsel and desires to tender a guilty or nolo contendere plea, a Guilty/Nolo Contendere Plea Colloquy substantially in the form set forth in Rule 590.1 shall be completed. The Colloquy shall be executed by the defendant and defendant's counsel and filed with the Clerk of Courts prior to entry of the plea.G. When the parties have arrived at a plea agreement, they shall state on the record in open Court and in the presence of the Defendant, the terms of the agreement. The agreement will be confirmed in writing substantially in the form set forth in Rule 590.2 and presented to the Court prior to the entry of any plea. At a minimum, the written agreement must contain ALL terms of the agreement and must be executed by the Commonwealth, the Defendant and Defendant's counsel, if any. Nothing in this Rule will prevent the Judge from ordering for good cause shown and with the consent of all parties and counsel, that specific conditions in the agreement be placed on the record in camera and the record sealed. Amended effective 10/17/2022; amended effective 5/29/2023; amended effective 7/31/2023; amended effective 12/18/2023; amended effective 8/12/2024.Comment: Orderly scheduling of jury trials and regard for the convenience of jurors shall be important factors in determining the interests of justice under Pa. R. Crim. P. 106. In order that a trial schedule may be prepared and announced in accordance with this Rule, requests for continuance ordinarily should be made by written motion no later than immediately after the trial list is announced for that particular term. In those instances where witness unavailability or other unforeseeable need arises requiring a continuance subsequent to the call of the trial list, a request for continuance should be made prior to the close of business on the Wednesday preceding the criminal trial term.
Although motions for continuance will obviously be governed by the state rule, the local rule is intended to express Court policy that a definite trial schedule published in advance of trial will reduce inconvenience to the Court, the parties, witnesses and jurors. Timeliness measured from promulgation of the trial list is an important consideration in the decision to grant or deny a continuance request. It is expected that all counsel will act with reasonable diligence and promptness in determining whether a case is ready for trial and that counsel shall be in a position to make that determination, at the latest, on the Wednesday prior to trial.
It is noted that the Court calendar will generally schedule at least two (2) plea days and two (2) DUI Court days prior to each criminal trial term. The intent of this rule is that each plea or DUI Court day shall be a separate and distinct day concerning applicability of the time limits of this rule and continuances from one plea day to another to avoid the intent of this rule will generally not be granted by the Court except as the interests of justice otherwise require.