Expedited Rules - Summary Procedure - Rule 3 - Criminal Cases
from Codal Buddy Hosted by krishamarie
Active Recall Questions: Section 1: How may a criminal case governed by the Rule on Summary Procedure be commenced? Section 1: What must accompany the complaint or information? Section 1: How many copies of the judicial affidavits must be filed? Section 1: May the complaint, information, and other submissions be filed and served electronically? Section 1: What is required for electronic filing and service? Section 2(a): When may the court dismiss a case commenced by complaint outright? Section 2(a): What must the court order if the accused is in custody and the case is dismissed for lack of probable cause? Section 2(b): What must the accused submit when the case is commenced by information or is not dismissed? Section 2(b): Within how many calendar days must the accused submit the required judicial affidavits and evidence? Section 2(b): To whom must the accused serve copies of the submissions? Section 2(b): What is the effect of a judicial affidavit at trial? Section 2(b): May the prosecution use sworn statements or affidavits instead of judicial affidavits? Section 2(b): When may the prosecutor ask additional direct examination questions? Section 3: When shall the court determine whether probable cause exists? Section 3: What happens if the court finds no probable cause? Section 3: What happens if the court finds probable cause? Section 3: When may the court proceed with arraignment even if the detained accused has not submitted his or her judicial affidavits? Section 3: How long is the fresh period for submission of the accused’s judicial affidavits after arraignment and pre-trial? Section 4: When may the court issue a warrant of arrest in criminal cases under the Rule on Summary Procedure? Section 4: How may an arrested person be released? Section 4: When shall the court archive the case if the warrant cannot be served because the accused cannot be located? Section 5(a): Within how many calendar days shall arraignment and pre-trial be set for a detained accused? Section 5(a): Within how many calendar days shall arraignment and pre-trial be set for a non-detained accused? Section 5(a): Who are required to attend the arraignment and pre-trial? Section 5(a): What must the court inquire into before arraigning the accused? Section 5(a): What happens if the accused pleads guilty to the original charge? Section 5(a): What is required when the accused offers to plead guilty to a lesser offense? Section 5(b): What rules govern the Pre-Trial Conference? Section 5(b): When may an admission by the accused be used against him or her? Section 6: What documents shall constitute the testimony of witnesses at trial? Section 6: What is the effect if an affiant fails to testify? Section 6: When may a witness testify even without a previously submitted affidavit? Section 6: How many calendar days does the prosecution have to complete its evidence presentation? Section 6: When shall the prosecution orally offer its evidence? Section 6: How many calendar days does the defense have to complete its evidence presentation? Section 6: How many calendar days does the prosecution have to present rebuttal evidence? Section 6: What grounds may justify a postponement of trial? Section 6: Does a granted postponement extend the period for presenting evidence? Section 7: Within how many calendar days must the court render and promulgate judgment? Section 7: From what event is the 30-day period for judgment counted?
Embed this episode
No transcript yet.