Phil. Cnty. Pa. *588

As amended through December 18, 2021
Rule *588 - Motion for Return of Property. Post-Deprivation Hearing
(A) Any person aggrieved by a search and seizure may move for the return of the property seized by filing a motion with the Trial Division, Criminal regardless of whether criminal charges have been filed against the owner of the property or the person in possession of the property.
(B) In the event criminal charges have been filed against the owner of the property or the person in possession of the property, the motion shall be filed utilizing the CPCMS number assigned to the underlying case. If criminal charges have not been filed against the owner or person in possession of the property, a Miscellaneous Docket number shall be assigned through CPCMS.
(C) The filer shall serve the Commonwealth through the District Attorney's Office, and shall file an Affidavit of Service. Provided, however, that the Commonwealth may agree to be served by the Office of Judicial Records upon its receipt of the Motion.
(D) The Office of Judicial Records shall schedule a prompt hearing on the motion and shall notify the Commonwealth and the filer.
(E) The assigned judge may require the filing of an Answer.
(F) In the event a forfeiture petition was filed by the Commonwealth before the filing of a motion for the return of property, the motion(s) shall be assigned to the same judge for disposition, as practicable.

Phil. Cnty. Pa. *588

Adopted August 11, 2016; published in the Pennsylvania Bulletin on August 27, 2016; effective 9/26/2016. See Trial Division Administrative Order No. 02 of 2016. Amended by Trial Division Administrative Order No. 07 of 2018, effective 11/1/2018.