Rule 10. Initial appearances and arraignments

(a) Proceedings preliminary to initial appearance and arraignment. Before the Justice of the Peace shall proceed with an initial appearance or with an arraignment of a defendant, the Justice of the Peace shall advise the defendant in accordance with statute of the defendant's rights of election, where applicable, and of the defendant's right to counsel, and, where applicable, the effect of a plea of guilty and the fact that such advice was given shall be noted in the record of the case. The defendant shall be given a copy of the charging document before being called upon to plead. If the defendant wishes to have the defendant's case heard in the Justice of the Peace Court, the defendant must execute a waiver of the right to be tried on the charge in the Court of Common Pleas, when such right exists.

(b) How conducted.

(1) In open court. Except as otherwise provided in this rule, initial appearances and arraignments shall be conducted in open court. They shall consist of reading the complaint to the defendant or stating to the defendant the substance of the charge and, where applicable, calling on the defendant to plead thereto after the Court is satisfied that the defendant understands the nature of the accusation made against the defendant.

(2) By audiovisual device. Initial appearances and arraignments may be conducted by audiovisual device in the same manner as if the appearance were in person. Audiovisual monitors shall be situated in the courtroom and at the place of incarceration or detention of the defendant so as to provide the public, the Court, and the defendant with a view of the proceedings. Documents may be transmitted by electronically or electromagnetically transmitted facsimile process in accordance with Rule 64. The facsimile of documents transmitted pursuant to this Rule shall be treated as the original.

(3) By written pleading. 1. When permitted; effect. In lieu of arraignment in open court or by audiovisual device, an attorney for a defendant may, at or before the time scheduled for arraignment, direct the entry of a not guilty plea by written pleading to any charge for which the defendant has been held to answer in the Justice of the Peace Court, whether or not the defendant has been released on bail. The date that the pleading is filed shall be considered the date of arraignment. An attorney who files a not guilty plea by written pleading shall be deemed to have entered a general appearance for the defendant and shall thereafter be permitted to withdraw only with leave of the Court for good cause. 2. Form; service. The pleading shall state (1) the name and criminal action number of all charges to which a not guilty plea is entered, (2) the defendant's current address, (3) if the defendant wishes to have the defendant's case heard in the Justice of the Peace Court, a waiver by the defendant and the defendant's attorney of the right to be tried on the charge in the Court of Common Pleas, and (4) the next scheduled court appearance which shall have been obtained from the Court. In addition to service on the Court, the pleading shall be served on the defendant and, if bail has been posted, on the surety.

(c) When conducted.

(1) All initial appearances and arraignments in the Justice of the Peace Court shall be held on the day and at the time as prescribed by the Chief Magistrate with the exception that a Justice of the Peace may hold an immediate or forthwith initial appearance or arraignment of the defendant when the nature and circumstances of the charge shall indicate the necessity thereof in the interest of the furtherance of justice or when the defendant requests an immediate or forthwith initial appearance or arraignment and the conducting of the proceeding will not interfere with the other proceedings of the Court.

(2) All summonses shall indicate the date, time and location for the defendant's initial appearance/arraignment.