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