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Lancaster Cnty. C.P. Local Rules Interactive Book Rule 529

Modification of Bail Order Prior to Verdict

activein force · 2017-01-09 – presentact-effective-date

A. Any unopposed motion to modify or reinstate bail may be presented at any

time, provided that the motion contains written verification from the opposing party of lack

of opposition. Any such motions shall be presented in person by the moving party.

Thereafter, any executed order shall be immediately filed with the Clerk of Courts.

B. All opposed motions to modify or reinstate bail, excluding motions

implicating Rule 600 shall be filed with the Clerk of Courts Office. Upon filing, the Clerk of

Courts Office shall send a copy of the motion to Court Administration for scheduling. In

cases assigned to a judge, all motions to modify or reinstate bail shall be heard and

decided by the assigned judge. In cases not assigned to a judge, such motions shall be

heard and decided by the Business Judge. Hearings for cases assigned to a judge will

be scheduled at the discretion of the assigned judge. Hearings before the Business Judge

will be scheduled during sessions of Rule 150 hearings, which are generally scheduled

on Monday, Wednesday, and Fridays at 1:30 p.m. Counsel will be provided with no fewer

than forty-eight (48) hours’ notice of the scheduled hearing. Such notice must be provided

to the Office of Bail Administration and Pre-Trial Services with respect to any defendant

under active supervision with their office. Moving party shall include the Office of Bail

Administration as a party to be served if the defendant is under active supervision with

their office. Court Administration will complete a per curium scheduling order. The motion

and signed scheduling order will be sent to the Clerk of Courts Office for service. All bail

motions that implicate Rule 600 shall be scheduled pursuant to Pa R. Crim. P. 600.

C. The Clerk of Courts Office will serve a copy of the motion and scheduling

order to counsel for all parties, or upon any unrepresented parties, including notice of the

date, time, and place of the scheduled hearing.

D. All orders modifying or reinstating bail shall be filed immediately with the

Clerk of Courts. In cases pending in Court or in an appellate court, the Clerk of Courts

shall immediately serve a copy of any order modifying or reinstating bail upon the

Lancaster County Prison a copy of the order by facsimile or other electronic means when

the order accomplishes any of the following:

1. Reinstates bail to a monetary condition where the bail has previously

been posted and not withdrawn;

2. Reinstates bail to ROR, unsecured or a non-monetary condition; or

3. Modifies bail to ROR, unsecured or a non-monetary condition.

In all other cases pending before the Court or in an appellate court, the Clerk of

Courts, unless the Court explicitly orders to the contrary, shall not be required to serve

the Lancaster County Prison a copy of the order until the actual satisfaction of the full

amount of any monetary condition of bail.

E. In cases pending before a magisterial district judge, service of an order on

the magisterial district judge, may be effectuated by any of the following:

1. The Clerk of Courts’ delivery of a certified copy by regular or

interdepartmental mail;

2. The moving party’s personal service of a certified copy at the regular

office of the magisterial district judge; or

3. The moving party’s transmitting a copy to the magisterial district

judge by facsimile or other electronic means and simultaneously sending a

certified copy to the magisterial district judge by regular or interdepartmental mail.

F. In cases pending before a magisterial district judge when the Court has

modified bail, the magisterial district judge shall issue a new bail bond in either of the

following:

1. The magisterial district judge’s directing a constable to transport the

defendant to the office of the magisterial district judge, whereupon the defendant

can execute the new bail bond; or

2. Where the modified bail does not have a monetary condition, the

magisterial district judge shall transmit by facsimile or other electronic means a

new bail bond to the Lancaster County Prison, whereupon prison personnel shall

act as the authorized agent of the magisterial district judge and secure the

defendant’s execution of the new bail bond.

A defendant proceeding under F(2) shall comply with E(3) and shall serve a

certified copy of the order on the Lancaster County Prison.

Revised 7-29-26 Effective 9-21-26

Provenance

Source
www.court.co.lancaster.pa.us
Retrieved
2026-09-30
Edition
2026-09-30
Content hash
642ab9aa486e5cd950b952db65e614946d927d3abe6272422a0a772a553ad920
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