Mercer Cnty. C.P. Rules of Criminal Procedure (introduction)

LOCAL RULES

of the

COURT OF COMMON PLEAS OF MERCER

COUNTY, 35th JUDICIAL DISTRICT

(updated January 2025)

Supplementing the

Rules of Criminal Procedure

Promulgated by the

Supreme Court of Pennsylvania

TABLE OF CONTENTS

LOCAL RULES

Rule L117 Coverage: Issuing Warrants; Preliminary Arraignments and

Summary Trials; and Setting and Accepting Bail

Rule L310 Admission to A.R.D. in Cases of Driving While Under the

Influence of Intoxicating Beverages, Out of State Persons,

Administration Fee in D.U.I. Cases, Content of A.R.D.

Applications and Orders

Rule L527 DUI and CRN Evaluations

Rule L528 Percentage Cash Bail System

Rule L571 Arraignments

RULE 117

COVERAGE: ISSUING WARRANTS;

PRELIMINARY ARRAIGNMENTS

AND SUMMARY TRIALS;

AND SETTING AND ACCEPTING BAIL.

A. Pursuant to Pennsylvania Rule of Criminal Procedure 117 (B)(2),

and Rule 132 (1), the President Judge of the Thirty-fifth Judicial

District shall, by Court Order, issue annually an Order for Temporary

Assignment of Issuing Authority for the upcoming calendar year.

The order shall provide for services in all Magisterial District Courts

during those periods of time outside of normal business hours by

designating an “on-call” Magisterial District Judge.

This Order shall ensure availability of issuing authorities to

provide the services required by the Pennsylvania Rules of

Criminal Procedure as follows:

(1) continuous coverage for the issuance of search warrants

pursuant to Pennsylvania Rule of Criminal Procedure 203, and

arrest warrants pursuant to Rule 513;

(2)(a) conduct summary trials or set collateral in summary

cases following arrests with a warrant pursuant to Rule

430(A) as provided in Rule 431(B)(3) and following

arrests without a warrant as provided in Rule 441(C );

(b) conduct preliminary arraignments without unnecessary

delay whenever a warrant of arrest is executed within the

judicial district pursuant to Rule 516;

(c) set bail without unnecessary delay whenever an out-of-

county warrant of arrest is executed within the judicial

district pursuant to Rule 517(A);

(d) accept complaints and conduct preliminary arraignments

without unnecessary delay whenever a case is initiated by an

arrest without warrant pursuant to Rule 519(A)(1);

(3) shall ensure that coverage is provided pursuant to Rule

520(B) to admit defendants to bail on any day and at any

time in any case pending within the judicial district.

RULE L310

ADMISSION TO A.R.D. IN CASES OF DRIVING WHILE UNDER THE

INFLUENCE OF INTOXICATING BEVERAGES, OUT OF STATE

PERSONS, ADMINISTRATION FEE IN D.U.I. CASES, CONTENT OF

A.R.D. APPLICATIONS AND ORDERS

a. Prior to admission into the A.R.D. Program in driving while under the influence

of intoxicating beverage cases, the applicant must appear in Mercer County,

Pennsylvania, before a certified examiner for the administration of the Mortimer-

Filkens test, the results of which shall be evaluated by the Court Reporting

Network. (75 Pa. C.S.A. 3816.)

b. All applicants who are accepted into the A.R.D. Program will be required to

attend either the Mercer County Counter Attack School Program or the equivalent

of the Mercer County Counter Attack School Program in the applicant's home

county and state. (75 Pa. C.S.A. 1549)

c. If the Court Reporting Network reports counseling and treatment are necessary, it

may be ordered in the applicant's home county and state.

d. All persons who are found guilty of driving while under the influence, plead

guilty to driving while under the influence or are accepted into A.R.D. must pay

through the Office of the Clerk of Courts, in addition to all other costs, $150.00

for administration of such cases.

e. All motions requesting admission into the A.R.D. Program shall contain the

following: "I request the continuance of any further proceedings in my case until

it is determined whether I am eligible for A.R.D., and if I am admitted into it, for

the length of time I am in the program, plus ninety days thereafter. "

f. All Orders admitting applicants into the A.R.D. Program shall contain the

following: "Defendant's request for a continuance of all proceedings in this case

pending a determination of his eligibility for the A.R.D. Program and for the time

he is in the program plus ninety days is granted."

[Adopted September 1, 2004, effective 30 days after publication in the Pennsylvania

RULE L528

PERCENTAGE CASH BAIL SYSTEM

a. A defendant charged with a crime in Mercer County, or a third party surety who is

not a professional bondsman or an agent or representative of a professional

bondsman, may if authorized by the Issuing Authority or the Court execute a bail

bond and deposit with the Issuing Authority or Clerk of Courts by depositing

money equal to ten percent (10%) of the amount of bail set, but in no event less

than fifty dollars ($50.00).

b. The money furnished shall be receipted for, deposited, accounted for, forfeited or

returned in accordance with Pennsylvania Rules of Criminal Procedure 535 and

536.

c. If there has been no forfeiture, upon full and final disposition of the case, the

Clerk of Courts or Issuing Authority shall retain any bail-related fees or

commissions authorized by law, and the reasonable costs, if any, of administering

the cash bail system. The balance shall be returned to the person who deposited it

with the Issuing Authority or the Clerk of Courts within twenty (20) days of full

and final completion of the case. Notice of the full and final disposition shall be

sent by the Clerk of Courts to the person who originally posted the money at the

address of record upon a full and final completion of the case. Any money not

claimed within one hundred eighty (180) days from the date the notice is sent of

the full and final disposition of the case shall be deemed as fees and shall be

forfeited to the use of the County of Mercer.

INSTRUCTIONS FOR POSTING BAIL