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Lancaster Cnty. C.P. Rules of Criminal Procedure 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 to the

business judge at any time provided that it contains written verification by 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 shall be filed with the Clerk

of Courts Office. The Clerk of Courts Office shall send a copy of the motion to Court

Administration for scheduling. Hearings relative to these motions 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 not less than forty-eight (48) hours’

notice of the scheduled hearing. Such notice will also be provided to the Office of Bail

Administration and Pre-Trial Services with respect to any defendant under their active

supervision. Moving party shall included the Office of Bail Administration as a party to be

served if the defendant is under active supervision with their office. Court Administration

will then present the business judge with the motion and scheduling order for signature.

The motion and signed scheduling order will be sent to the Clerk of Courts Office for

service.

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 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been posted and not withdrawn;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 effected 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.

Provenance

Source
www.court.co.lancaster.pa.us
Retrieved
2026-09-30
Edition
2026-09-30
Content hash
0363c681a3764cd2da2fa94b910c5fc3e27ac7751a48bcfc5760446bbd73de20
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