Chest. Cnty. Ct. Comm. Plea. R. 578.1

As amended through February 1, 2024
Rule 578.1 - Motions Challenging Preliminary Hearing (Habeas Corpus)

All motions challenging the action of a Magisterial District Judge in finding a prima facie case shall have the substantive characteristics of a habeas corpus motion, but shall be captioned "Commonwealth v. Defendant," together with the term number, if any, or the offense tracking number. Such motions need consist only of a motion and notice of hearing. A writ shall be prepared only when specifically requested by the motion, and shall be directed to such custodian as shall be named in the motion. The motion and notice shall be assigned a hearing date on the miscellaneous list by the Court Administrator, and shall be filed with the Clerk of Courts. Where an expedited hearing is requested, the assigned judge may order an accelerated listing.

Chest. Cnty. Ct. Comm. Plea. R. 578.1

Amended effective 6/21/2021; amended effective 2/1/2024.