Rule 1901.3 - Termination of Inactive Criminal and Summary Cases Before District Justices(a) All pending felony, misdemeanor and summary cases filed with a district justice for which the docket discloses that there have been no steps or proceedings other than the filing of a not found return on a warrant of arrest within two (2) years shall be ascertained by an examination of the docket by the respective district justice by September 1 of each year. Said district justice shall thereupon, by the succeeding December 1, notify in writing the district attorney in court cases involving felonies and misdemeanors, and shall notify in writing the defendant, prosecutor-complainant, private prosecuting attorney, and defense counsel of record in all felony, misdemeanor and summary cases, at his last known address by first class mail, setting forth the caption of the case and that if no appropriate legal steps are taken for prosecuting the case to conclusion, or no written objections to termination setting forth the reasons therefore are filed within sixty (60) days after the mailing of such notice, the case will be ordered terminated, as of course, without further notice, and thereafter no proceeding may be had on such matters except upon order of the Berks County Court of Common Pleas, upon proper cause shown. The respective district justice shall note on the docket the date and names and addresses of persons given such notice by mail. (b) If no appropriate legal steps are taken for prosecuting such case to conclusion, or no written objections to termination setting forth the reasons therefor are filed prior to sixty (60) days after the mailing of such notice, the respective district justice shall make an entry on the respective docket that, "Case is terminated under Pa. R.J.A. 1901."(c) If written objections to termination are filed as provided under this Rule, the district justice shall examine said objections, and if they set forth reasons satisfactory to the district justice why no activity has appeared of record for the past two (2) years other than the filing of a not found return on a warrant of arrest, the district justice shall enter an order on the respective docket that the case remain open, upon such terms as may be deemed advisable. If such written objections to termination do not set forth reasons prima facie satisfactory to the district justice, said written objections shall be considered as being in the nature of a rule issued, as of course, against all opposing parties to show cause why the case should not remain active, whereupon the district justice shall schedule the matter for hearing, to be held not less than forty-five (45) days nor more than sixty (60) days after such filing, shall give at least forty-five (45) days written notice thereof, along with a copy of said written objections, by first class mail to all parties previously notified as provided under subsection (1) hereof and shall note on the docket the date of filing such objections and the date, names and addresses of persons given such notice, and copy of objections by mail. Upon hearing held, the district justice shall determine whether or not the objections are well founded and shall make an entry on the respective docket that the case remain open upon such terms as may be deemed advisable or that, "Case is terminated under Pa. R.J.A. 1901." (d) If the district justice is unable to give notice under subsections (a) or (c) hereof, along with copy of objections if applicable, in that the same has been mailed and returned undelivered, and the case is not settled or the prosecution withdrawn in accordance with the Pennsylvania Rules of criminal Procedure, the district justice shall, not less than forty-five (45) days nor more than sixty (60) days after having deposited the notice, along with copy of objections if applicable, in the mail, certify the caption and docket number of such case to the court administrator of Berks County, setting forth that notice could not be given with respect to proceedings for termination of a case or that a copy of objections could not be served, and notice of hearing thereon could not be given, or combination thereof as the case may be. Publication of notice thereof, which may be a consolidated publication referring to one or more actions before one or more district justices, shall thereupon be made by the court administrator at the expense of the County of Berks by advertisement one (1) time in the Berks County Law Journal and in a newspaper of general circulation within the county. If the notice pertains to proceedings for termination of a case, it shall state the caption of the case, docket number, and name and office address of the respective district justice. If the notice also pertains to objections filed, it shall state, in addition to the caption of the case and docket number, that objections were filed and a hearing will be held thereon before the respective district justice at his designated office at a given time. Proof of publication thereof shall be filed with the respective district justice, who shall thereafter proceed in the same manner as when notice was given by mail.(e) Termination of any case pursuant to this Rule shall have no effect upon the liability of the parties for payment of costs.Amended effective 2/12/2018; amended effective 5/6/2024.