Pennsylvania Request to Remove From the Hearing-Trial List is a legal procedure that allows a person to have their name removed from the hearing-trial list in Pennsylvania. This process is initiated when a person believes they have been wrongly charged with an offense or believes they have been incorrectly included on the hearing-trial list. There are two types of requests to remove from the hearing-trial list: a Motion to Dismiss and a Motion to Strike. A Motion to Dismiss is a legal request to the court to terminate an existing case or charge, while a Motion to Strike is a request to have a particular charge or count within the case dismissed. Both motions must be based on a legal argument and evidence to support the request. Additionally, Pennsylvania law requires that the request be filed with the court at least five days before the scheduled hearing or trial.
Pennsylvania Request to Remove From The Hearing-Trial List
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How to fill out Pennsylvania Request To Remove From The Hearing-Trial List?
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FAQ
Pursuant to Pennsylvania Rule of Criminal Procedure 106(C), a motion for a continuance on behalf of a defendant must be made at least 48 hours prior to the time scheduled for the Summary Appeal Hearing. A request by a defendant made within 48 hours of the time set for the hearing will not be considered.
A trial can last up to several weeks, but most straightforward cases will conclude within a few days. In a typical trial, lawyers on both sides will present their argument with supportive evidence and question witnesses.
Rule 600 requires that the Commonwealth bring a defendant to trial within 365 days of when it files the criminal complaint. Not every day counts, though. Any delay that the defendant or his counsel caused is excluded from the calculation.
The reason is that if a case is not ready for trial, the prosecutor has time, but he has other cases that are ready for trial, so he or she will often give the most attention to the oldest cases that are about to go to trial.
If, at any time, it is determined that the Commonwealth did not exercise due diligence, the court shall dismiss the charges and discharge the defendant.
Ing to the Pennsylvania Constitution, a judge can only be impeached for ?misbehavior in office? by the state House of Representatives. Articles of impeachment are then presented to the state Senate, whose members decide on either conviction or acquittal.
The Pennsylvania Constitution has always provided for the removal of public officials, including judicial officers, through the process of impeachment and trial of impeachment. That process vests in the House of Representatives the sole power to impeach and requires the Senate to conduct a trial of the impeachment.
The Magisterial District Judge is prohibited from granting more than one continuance to each party. Any subsequent continuance by either party may be granted only by the President Judge, or his designee, upon completion and with just cause shown on the approved aforementioned continuance request form.