Berk. Cnty. Pa. 1901.1

As amended through May 6, 2024
Rule 1901.1 - Termination of Inactive Criminal Cases In Court of Common Pleas
(a) All criminal cases which remain open on the dockets of the clerk of courts, and in which there is reflected no activity for a period of at least two (2) years prior thereto, shall be listed by the clerk of courts for the next available criminal argument court after notice of termination is given as provided below. Such officer shall give notice of the listing of said case in criminal cases to the district attorney, other attorneys of record for either the prosecution or the defendant and the defendant as provided by Pa. R.J.A 1901(c) (1) and (2) at least sixty (60) days prior to the argument court date listing; that said case shall be terminated if no petition is filed by any party in interest conforming to Pa. R.C.P., setting forth reasons why said case should not be terminated. If no petition contra termination is filed at least six (6) days prior to the argument court date to which the case has been listed, the clerk of courts shall strike the matter from the list and enter an order, as of course, terminating the case. If a petition is filed contra termination, it shall have endorsed thereon a notice to plead thereto within twenty (20) days of the date of service of the petition. Proofs of service on all those upon whom service of the petition is required shall be filed in the office of the clerk of courts. Thereupon, the matter shall proceed in accordance with Pa. R.C.P. . If, thereafter, the matter is not listed for an argument court occurring within six (6) months of the criminal argument court date to which the case was initially listed, the clerk of courts shall enter an order, as of course, terminating the case.
(b) Termination of a case under this Rule shall bar any further action thereon, except by order of the court only after written petition on proper cause shown.
(c) Termination of any case pursuant to this Rule shall have no effect upon the liability of the parties for payment of costs unless otherwise ordered by the court.

Berk. Cnty. Pa. 1901.1

Amended effective 2/12/2018; amended effective 5/6/2024.