Philadelphia Cnty. C.P. CP-Trial Division-Criminal Rule 515

Note: Rescinded September 20, 2019, effective December 2, 2019. General subject matter

addressed by Pa.R.Crim.P. 150, 430 and 431.

Rule *528. Ten Percent (10%) Deposit of Bail.

(A) Any defendant who has been properly granted bail may obtain their release from custody as

provided herein by depositing with the Office of Judicial Records a sum of money equal to ten

percent (10%) of the full amount of the bail, but in no event less than twenty-five dollars ($25),

and by executing a bail bond. A private individual who is not a surety company or bail bondsman

may act as a third-party surety and execute the aforementioned bail bond on behalf of the

defendant. Except as provided in this section, no other individual or business entity may act as a

third-party surety unless approved by the Administrative Governing Board of the First Judicial

District of Pennsylvania upon filing a petition pursuant to Pa.R.Crim.P. 531 and applicable local

rules of court.

(B) With respect to deposited bail pursuant to subsection (A), the Court is empowered to

designate a minimum sum of money which shall be retained by the Court.

(C) Should the defendant fail to appear as required by the bail bond, and not appear in court

within ninety (90) days after notice of the forfeiture, as provided by Pa.R.Crim.P. 536 (A)(2)(c),

the amount deposited shall be forfeited and a judgment will be entered for the balance of the total

bail ordered. Forfeitures and bail judgments shall only be reduced or vacated pursuant to

Philadelphia Criminal Rule *536 and other applicable local rules of court.

(D) Upon the full and final disposition of the criminal case in which bail has been deposited:

(1) the bail deposit shall be returned in full, as provided in Pa.R.Crim.P. 535, if the defendant

has appeared as required at all times for all court hearings and other events as required by

the bail bond; or

(2) the bail deposit, less the retention amount authorized pursuant to subsection (B), shall be

returned if the defendant has not appeared as required at all times for all court hearings

and other events as required by the bail bond.

(E) A defendant or a third party surety as defined in this rule may post realty as security for bail.

In this event, an encumbrance shall be created immediately on such realty before the defendant

may be admitted to bail. The said encumbrance shall remain in force until the case is disposed as

provided in subsection (D).

Realty posted as security for bail shall be valued in an amount equal to the assessed value of the

realty used for determining tax liability on the realty. Only realty with an unencumbered assessed

value equal to, or in excess of, the full amount of bail shall be accepted as security for the bail.

Comment

Subsection (A) authorizes posting cash bail with the Office of Judicial Records.

Subsection (B) authorizes the Court to designate, consistent with Pa.R.Crim.P. 535 (D), the fee to

administer the cash bail program. The retention figures designated by the Court are 30% (thirty percent) of

the amount of the deposit or 3% (three percent) of the total amount of the bail. However, the Court has

directed that the maximum amount retained shall not exceed $1,500 regardless of the total amount of the

bail or the amount of the cash deposit, and that in no event shall the amount retained by the Cou rt be less

than $10 (ten dollars).

Subsection (C) provides guidance regarding the forfeiture of the bail deposit and entry of a judgment for

the balance of the bail ordered as well as reduction and vacation of same.

Subsection (D) provides that the entire bail deposit will be returned if the defendant appears for all court

hearings and events, and that the retention amount established in subsection (B) shall be retained if the

defendant does not appear as required.

Subsection (E) controls real estate posted as bail.

Note: Star Rule *4008.1, adopted May 17, 1973; Star Rule *4009.1, adopted May 17, 1973, and Star Rule

*4010(c), adopted May 20, 1971. General Court Regulation 73-5, July 2, 1973; comment amended by

General Court Regulation 80-13, effective July 1, 1980; comment amended by General Court Regulation

88-4; effective June 1, 1988. Former Phila. Crim. R. 506. Comment amended and rule renumbered on

April 20, 2012 by Administrative Governing Board Order 03 of 2012. Amended October 10, 2018, effec tive

immediately.

Rule*529. Regulations Pertaining to Bail, Court of Common Pleas and Municipal Court.

(A) Initial Determination of Bail. Upon defendant's arrest, the initial determination of bail,

where bail is applicable, to insure the defendant’s appearance at proceedings concerning the

charges for which the defendant was arrested shall be made at Preliminary Arraignment by the

Arraignment Court Magistrate regularly assigned. Appeals from the Arraignment Court

Magistrate's decision shall be heard only by the Emergency Municipal Court Bail Appeal Judge

specifically assigned by the Municipal Court President Judge. No other Municipal Court Judge

may make such initial determination of bail, except upon prior written order of the President

Judge of the Municipal Court, or, in the case of a Judge of the Court of Common Pleas, both the

President Judge of the Municipal Court and the President Judge of the Court of Common Pleas.

(B) Modification of Bail.

(1) Modifications as to the form and amount of bail made as part of the Preliminary Hearing

or Municipal Court trial shall be made only by the Judge assigned to the Preliminary Hearing

or Municipal Court trial.

(2) Any modification as to the form and amount of bail between Preliminary Arraignment

and Common Pleas Court trial (except as part of the Preliminary Hearing or Municipal Court

trial) shall be made only by the Judge regularly assigned to the Common Pleas Court

Criminal Motion Court, or on weekends and Court holidays to the Judge assigned in advance

for this purpose by the President Judge of the Common Pleas Court.

(3) An application for modification of bail shall be in writing and shall include the

defendant's name, address, CPCMS number, the charges, the present bail, the date and name

of the Judge or Arraignment Court Magistrate who presided at the Preliminary Arraignment

or Municipal Court trial. During the business hours of Court operation (9 a.m. to 5 p.m.,

Monday through Friday), the application shall be filed with Office of Judicial Records, which

shall schedule the time and place of the hearing to be held in the Motion Court. The District

Attorney shall be served with notice of the application by counsel for the applicant at least

twenty-four (24) hours before the scheduled hearing unless waived by the Motion Court

Judge or the District Attorney.

(4) No Judge shall rule upon such application without first providing the attorney for the

defendant and the District Attorney opportunity to be heard and present evidence.

(5) The defendant need not be present. If defendant's counsel wishes to have the defendant

present during the business hours of Court operation, counsel must request an appropriate

bring-down order.

(6) All evidence offered at hearings held in Motion Court shall be stenographically recorded.

Evidence presented on weekends, or Court holidays need not be so recorded.

(7) At the conclusion of the hearing, whether stenographically recorded or not, the Judge

shall issue a written order as to the amount and form of bail on a certificate provided by the

clerk. Copies of the certificate which shall include the CPCMS number, shall be issued

forthwith by the Court and a copy provided to counsel.

(C) Modification at Trial. Once a case has been assigned to an individual Judge for trial, only

that Judge may consider an application to modify the amount or form of bail. If the existing bail

shall have been set by another Judge of the Court of Common Pleas, the Trial Judge shall not

modify such order, except upon proof to his satisfaction of the existence of one of the reasons

stated in Subsection B(8) of this Rule.

(D) Habeas Corpus Bail. Bail-pending proceedings on a petition for writ of habeas Corpus shall

be determined by the Judge regularly assigned to the Criminal Motion Court, or, on weekends

and Court holidays, by the Judge assigned pursuant to Subsection B of this Rule to hear bail

applications. No other Judge may make such initial determination of bail on the petition, except

upon written order of the President Judge.

(1) The amount and form of bail pending the petition shall be determined according to the

procedures required by Subsection B of this Rule.

(2) If bail on the charges has been previously set by another Judge of the Court of Common

Pleas, the Judge receiving the petition shall set bail on the petition in like amount and form.

Any bail bond or other form of security accepted by the Court for defendant's release on the

charges shall likewise be accepted for release on the petition.

(3) If bail on the charges was set by a Municipal Court Judge or has not been set at all, the

Judge receiving the petition shall set bail as provided in these Rules and such bail shall apply

both to the petition and the charges and shall supersede any bail on the charges as may have

been set.

(E) Appeal by Way of Re-Arrest. When a re-arrest is effected by the Commonwealth following

dismissal of the earlier proceeding because of lack or want of prosecution, the Preliminary

Arraignment shall be conducted as provided in Pa.R.Crim.P. 544.

When a re-arrest is taken in the nature of an appeal by the Commonwealth from an earlier

dismissal, the Judge assigned to the Common Pleas Court Motion Court shall hold the

Preliminary Arraignment. The Preliminary Hearing shall likewise be scheduled in the Court of

Common Pleas as provided in Pa.R.Crim.P. 544.

Note: Former Philadelphia Criminal Rule 500. Renumbered June 4, 2014, effective July 21, 2014.

Amended September 20, 2019, effective December 2, 2019.

Rule * 530. Duties and Powers of Bail Agency. Pretrial Services Division

In all cases where the defendant is released on bail, whether the bail be nominal or substantial,

and including cases where the defendant is released on his own recognizance, the Pretrial

Services Division may be designated as surety for the defendant. Such designation shall not

relieve the defendant or any third-party surety of any obligation imposed by these rules or other

provisions of law.

Where the Pretrial Services Division is designated as a surety, the defendant shall be subject to

all reasonable supervisory rules and regulations imposed by the Pretrial Services Division.

Where the defendant fails or refuses to comply with these rules, he may be brought before the

Court to determine whether additional bail shall be set in the case.

Note: Former Phila. Crim. R. 506. Renumbered June 4, 2014, effective July 21, 2014.

Rule *536. Procedures upon Violation of Conditions: Revocation of Release and Forfeiture;

Bail Pieces; Exoneration of Surety

(A) The presiding Judge may issue a bench warrant and order bail to be forfeited whenever the

defendant does not appear on a day indicated, within one hour of the scheduled Court action.

At preliminary arraignment each defendant shall be given written notice of his next Court

appearance. This notice shall state the date, time and place of the required appearance. It shall be

the responsibility of the defendant to appear for any scheduled Court action. The defendant shall

be served with written notice of any subsequent Court action, but failure to receive notice will

not relieve the defendant of the responsibility of appearing.

THE SURETY IS UNDER OBLIGATION TO PRODUCE THE DEFENDANT FOR ALL

REQUIRED COURT APPEARANCES UNDER PENALTY OF FORFEITURE OF THE

SURETY’S BAIL BOND. NO OTHER NOTICE TO THE SURETY SHALL BE REQUIRED.

(B) Any bench warrant issued may be withdrawn by the presiding Judge or Administrative

Judge, for proper cause. A bail order sue-out may be withdrawn by the presiding Judge or

Administrative Judge at any time before judgment is entered thereon.

(C) Rescinded.

(D) No bail order sue-out which is reduced to judgment may be rescinded or altered, except by

the President Judge of the Common Pleas Court or the President Judge’s designee, in accordance

with the following procedure:

(1) The surety shall file a petition with the Office of Judicial Records as may be provided

from time to time.

(2) A hearing will be scheduled before a designated Court Officer at which the surety will

have the opportunity to demonstrate facts in support of his petition, and to make oral

argument. The Hearing Officer will make findings of fact and submit them to the President

Judge or the President Judge’s designee for review.

(3) As a general guideline, judgment on forfeited bail shall be reduced according to the

following schedule, absent compelling reasons to the contrary:

Amount of time between

bench warrant and defendant’s Percentage of judgment

return to jurisdiction which will be reduced

of the Court

000 - 060 days 90%

061 - 090 days 70%

091 - 120 days 50%

121 - 180 days 30%

Over 180 days 0 0%

(4) For good cause shown, the President Judge or the President Judge’s designee may order all or

partial vacation of judgment notwithstanding the schedule in subsection 3.

(E) Any surety, for proper cause finding the surety’s position insecure, may apply to and obtain a

Bail Piece from the Office of Judicial Records. This Bail Piece shall entitle said surety to arrest

the named defendant for which the surety has deposited bail and surrender the defendant to the

Superintendent of Prisons for incarceration. The Superintendent of Prisons shall accept said

defendant for incarceration when a proper bail piece is submitted to the Superintendent of

Prisons.

Note: This rule combines former Philadelphia Criminal Rules 510 and 520. Renumbered June 4,

2014, effective July 21, 2014. See also Administrative Order No. 01 of 2012, In re: Motions to

Vacate or Reduce Bail Forfeitures. Amended September 20, 2019, effective December 2, 2019.

Rule * 540. Preliminary Arraignment

Note: Rescinded September 20, 2019, effective December 2, 2019. Subject matter governed by

Phila. Municipal Court Rule *540

Rule *542 Preliminary Hearing

Note: Rescinded September 20, 2019, effective December 2, 2019.

Rule *556. Indicting Grand Jury

The First Judicial District shall, from time to time, designate Court of Common Pleas Judges to

serve as Supervising Judges of the Philadelphia County Indicting Grand Jury.

Note: By order dated September 27, 2012, the Pennsylvania Supreme Court granted the First

Judicial District’s “Petiton for Empanelment of Indicting Grand Jury” and authorized the First

Judicial District to empanel indictment grand juries, in accordance with Pa.R.Crim.P. 556 et seq.,

on or after December 18, 2012. See In re Petition for Empanelment of Indicting Grand Jury, No.

138 EM 2012.

Note: Issued on October 27, 2016 as Administrative Order No. 04 of 2016 by President Judge

Sheila Woods-Skipper. Published in the Pennsylvania Bulletin November 19, 2016, effective

December 19, 2016. Amended September 20, 2019, effective December 2, 2019.

Rule *556.2. Philadelphia County Indicting Grand Jury Procedures and Protocols

(1) When the District Attorney, at the time of a defendant's preliminary arraignment in

Municipal Court, requests that a case be sent to the Indicting Grand Jury (IGJ) rather than being

scheduled for a preliminary hearing in Municipal Court (MC), the case will be listed in 30 days

before the Court of Common Pleas IGJ Preliminary Hearing Supervising Judge for status.

(2) After preliminary arraignment, the District Attorney's Office will file an ex parte motion

pursuant Pennsylvania Rule of Criminal Procedure (Pa.R.Crim.P) 556.2 with one of the IGJ

Supervising Judges requesting approval to have the case heard by the IGJ. The motion must

allege that witness intimidation has occurred, is occurring, or is likely to occur in the case. The

motion is reviewed by an IGJ Supervising Judge for approval. If the motion is granted, the IGJ

must act on the case within 21 days of the date the order granting the motion was signed by an

IGJ Supervising Judge. If the District Attorney's Office requests a preliminary hearing after the

motion authorizing presentment to the IGJ is granted by an IGJ Supervising Judge, then the case

will remain in Common Pleas Court and be listed for a preliminary hearing in front of the IGJ

Preliminary Hearing Supervising Judge. If no motion has been signed and the District

Attorney's Office requests that a preliminary hearing be held instead of the case proceeding by

way of the IGJ, then the case will be sent back to Municipal Court for a preliminary hearing in

the appropriate MC courtroom.

(3) If the District Attorney’s Office requests that a case be sent from a preliminary hearing room

to the IGJ Preliminary Hearing Supervising Judge for status, the procedures delineated in # 2

above will also apply.

(4) All bail motions filed prior to the first status date will be heard by the IGJ Preliminary

Hearing Supervising Judge on the first status listing, unless the IGJ Preliminary Hearing

Supervising Judge agrees to list the bail motion earlier. The IGJ Preliminary Hearing

Supervising Judge will continue to handle any bail motions filed after the first status date, until

the case is assigned for trial.

(a) Until otherwise provided, all bail motions filed on IGJ cases must be served on the

designated Assistant District Attorney or paralegal by fax or e-mail at least one business day

prior. An Assistant District Attorney (ADA) will not be present to argue bail motions unless

prior notice is given.

(b) Bail motions will be heard on Fridays at 9:00 a.m. during the IGJ case status listings

unless the defense attorney and the specially assigned ADA agree to list the motion on a

different day consistent with the IGJ Preliminary Hearing Supervising Judge’s calendar.

(c) If the District Attorney’s Office refiles a case that it intends to present to the Indicting

Grand Jury, the District Attorney’s Office must request the case be listed directly in the

Court of Common Pleas before the IGJ Preliminary Hearing Supervising Judge for

status. The procedures delineated in #2 above will also apply.

(d) If a case is presented to the Indicting Grand Jury and the defendant is not indicted, the

District Attorney's Office will immediately notify an IGJ Supervising Judge and the case

will be dismissed. If the defendant is in custody on the matter, an order directing the

defendant’s release on that matter will be sent to the Philadelphia County Prison Record

Room or the Pennsylvania Department of Corrections Record Room. If the defense

attorney provided an e-mail address to the District Attorney's Office, a copy of the order

will be e-mailed. Otherwise, the defense attorney will be notified by telephone, fax or

first class mail.

(e) At the status listing if the grand jury has voted to indict the defendant, the IGJ

Preliminary Hearing Supervising Judge will direct the clerk to hold the defendant for

court on those charges listed in the indictment. If the case is held for court, defendants

who are out of custody will be given notice about IGJ procedures and their rights. (See

Appendix C)

(f) The case then will be sent for formal arraignment in Common Pleas Court. During

formal arraignment, defense will be provided Bills of Information, a disclosure order

(see Appendix A), and a copy of the Indictment (if not filed under seal).

(g) Following formal arraignment in Common Pleas Court, the case will be sent directly for

a scheduling conference to the trial judge. All homicide IGJ cases will be listed in front

of the Homicide Calendar Judge in the Homicide Calendar Room. The Homicide

Calendar Judge will handle all motions to quash, bail motions and discovery motions for

IGJ direct file cases while these cases are in the Homicide Calendar Room. The

Homicide Calendar Judge will handle all bail motions and IGJ discovery motions on IGJ

cases in the Homicide Program, assisted by an IGJ Supervising Judge as provided from

time to time.

(h) After formal arraignment of a defendant indicted by the IGJ and the assignment of the

case to a trial judge, any bail motions and pretrial discovery motions will be listed

before an IGJ Supervising Judge according to the zones outlined below. Likewise, bail

motions and pretrial discovery motions for family violence and sexual assault IGJ cases

will also be listed before a n I G J S u p e r v i s i n g J u d g e based on which zone the

case is assigned for trial at the time of formal arraignment. All pretrial discovery for IGJ

cases shall be conducted pursuant to Pa.R.Crim.P. 556.10(B)(5), relating to the

disclosure of grand jury material.

Indicting Grand Jury Detective Divisions and Case Types

IGJ Preliminary Hearing Supervising Judge

South & Southwest Detective Divisions Cases

Northeast & Northwest Detective Divisions Cases

Central & East Detective Divisions Cases

Direct File Juvenile Cases

Homicide Cases

(i) All IGJ defendants in custody will have a video conference with a Trial Commissioner

on the Thursday following their formal arraignment. During the conference defendants

will be informed on how their case has been handled by the IGJ, how their case will

proceed to trial, contact information for their attorney, and their rights under the IGJ

Rules and Procedures in the FJD. (See Appendix D). IGJ cases will be listed for trial

within six (6) to nine (9) months, if possible, unless a longer date is agreed upon by

counsel. At the scheduling conference, the District Attorney's Office will provide to

defense a notice of rights. (See Appendix B). The District Attorney's Office will provide

pretrial discovery to defense, pursuant to Pa.R.Crim.P. 573; however, pursuant to

Pa.R.Crim.P. 556.10(B)(5), the District Attorney's Office will withhold all testimony

and evidence that would disclose the identity of any witness or victim who has been

intimidated, is being intimidated, or is likely to be intimidated.

(j) All IGJ cases listed for trial will also receive a status date, 60 days prior to trial, for a

pretrial readiness conference. At this conference, the court will determine if the defense

and the District Attorney's Office expect to be ready for trial. If both sides are ready for

trial, IGJ material will be turned over to defense counsel, subject to the disclosure

limitations listed below. A motion to quash and any other motions may be filed within

10 days of when the transcript from the IGJ and any other IGJ discovery is turned over

to defense counsel. If the case is not expected to be ready for trial, the case will get a

new trial date and a new 60-day status date. The District Attorney's Office will not turn

over IGJ material until the trial court has made a determination that the case is expected

to go forward as scheduled. The 60-day date for disclosure of IGJ material may be

modified by order of an IGJ Supervising Judge.

a. Disclosure limitations: pursuant to the standard disclosure order, defense

counsel may not give copies of the grand jury material to the defendant to retain

or copy in any way and may not disclose the grand jury material to any other

parties without an additional disclosure order from an IGJ Supervising Judge.

In connection with the standard disclosure order, grand jury material may be

given to an investigator or mitigation specialist working for the defendant on a

case where the defendant was indicted by the IGJ and is now awaiting trial.

b. After a determination that the case is ready for trial and disclosure of grand

jury material to defense, the trial court will schedule a hearing for any filed

motions to quash and other pretrial motions requested by defense counsel.

Motions to quash and other pretrial motions will be heard by the trial court.

(k) Defense motions to continue the trial for any IGJ defendant may not be granted without

the approval of one of the designated IGJ Supervising Judges.

Note: Issued on October 27, 2016 as Administrative Order No. 04 of 2016 by President Judge

Sheila Woods-Skipper. Published in the Pennsylvania Bulletin on November 19, 2016, effective

December 19, 2016. Amended September 20, 2019, effective December 2, 2019.

APPENDIX A – Disclosure Order

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA

COUNTY TRIAL DIVISION – CRIMINAL SECTION

COMMONWEALTH OF PENNSYLVANIA:

:

v. : __-51-CR-

:

[DEFENDANT] :

ORDER

DISCLOSURE OF INDICTING GRAND JURY MATERIALS

AND NOW, this day of, 20, pursuant to Pa.R.Crim.P.

556.10(B)(5) and Pa.R.Crim.P. 573(F), it is hereby ORDERED and DECREED that the

Philadelphia District Attorney's Office shall disclose any Indicting Grand Jury materials, that

were withheld from discovery pursuant to Pa.R.Crim.P. 556.10(B)(5) in connection with the

above-captioned case, to defense counsel representing the above named defendant by sixty

(60) days prior to the commencement of trial. Upon disclosure to defense counsel, such

materials may be redacted as to not include the address, phone number, social security

number, work information or closest relative information of any witnesses identified in the

materials. Once these redacted materials are disclosed to the defense, no motion for a

continuance based on said disclosure shall be granted unless granted by a Supervising Judge

of the Indicting Grand Jury.

It is further ORDERED and DECREED that upon disclosure, counsel for the

defendant shall not provide copies of the material disclosed and protected by this ORDER to

the defendant. The defendant is not permitted to copy or retain these materials in any way.

This ORDER does not prohibit counsel from showing these materials to the defendant,

discussing these materials at meetings with the defendant or from reading from or discussing

these materials in telephone conversations with the defendant.

IT IS SO ORDERED.

BY THE COURT:

IGJ SUPERVISING JUDGE

APPENDIX B - Notice of Rights

Commonwealth v.

CP-51-CR-

The Philadelphia County Indicting Grand Jury (IGJ) has indicted the defendant on the charge of

___________________________________________________________________ and related

offenses, pursuant to Pa.R.Crim.P. 556. Bills of Information have been filed under the above–listed CP

number. By order of an Indicting Grand Jury Supervising Judge, and in accordance with

Pennsylvania Rules of Criminal Procedure (Pa.R.Crim.P.) 578 and 579, you have ten (10) days from

the date when all Indicting Grand Jury material is disclosed to file a Motion to Quash the Bills of

Information for your case before the trial judge. All Indicting Grand Jury material will be disclosed

sixty (60) days prior to trial unless otherwise ordered by an Indicting Grand Jury Supervising Judge.

(Note: the standard disclosure order authorizes IGJ discovery material to be disclosed sixty (60) days

prior to trial, See Appendix A.)

Bail motions and any motions for disclosure of Indicting Grand Jury discovery (pursuant to Pa.R.Crim.P.

556.10(B)(5)) prior to the standard disclosure date of sixty (60) days before trial shall be filed before an

Indicting Grand Jury Supervising Judge. See below for case type and zone Detective Division

designations.

Indicting Grand Jury Supervising Judges Detective Divisions and Case Types

IGJ Supervising Judge [Name] IGJ Preliminary Hearing Supervising Judge

IGJ Supervising Judge [Name] South & Southwest Detective Divisions Cases

IGJ Supervising Judge [Name] Northeast & Northwest Detective Divisions Cases

IGJ Supervising Judge [Name] Central & East Detective Divisions Cases

IGJ Supervising Judge [Name] Direct File Juvenile Cases

IGJ Supervising Judge [Name] Homicide Cases

Defense Attorney: Date:

Revised 11/23/20

APPENDIX C

Defendants Out of Custody – Notice of IGJ Procedure and Rights

NOTICE OF INDICTMENT FOR DEFENDANTS OUT OF CUSTODY

Defendant:

CP-51-CR- -

After you were arrested, your case was sent to a Philadelphia County Indicting Grand Jury

instead of being listed for a preliminary hearing in Municipal Court. Evidence regarding the

incident for which you are charged was presented to the Philadelphia County Indicting

Grand Jury and the Grand Jury issued an indictment for the charge of ________________

_________________________________________and related offenses. Following the

indictment, an Indicting Grand Jury Supervising Judge ordered that you stand trial in

Common Pleas Court. Your case is listed today for a Scheduling Conference before your

assigned trial judge in Common Pleas Court. Today your case will be given a trial date.

Your attorney will be provided discovery today according to the Pennsylvania Rules of

Criminal Procedure. However, Indicting Grand Jury material may not be disclosed to your

attorney until 60 days prior to trial at the pretrial readiness conference before your assigned

trial judge, unless otherwise ordered by the court. You will be subpoenaed to court for the

pretrial readiness conference, which is generally scheduled sixty (60) days before your trial

date. Upon disclosure of the Indicting Grand Jury material in your case, your attorney will

have the right to file a motion to quash seeking to dismiss the case for insufficient evidence.

The motion to quash will be heard by the assigned trial judge. Your attorney will also review

the grand jury material with you prior to trial but you will not be permitted to retain a copy of

the grand jury material.

At any time, your attorney may file a bail motion, as well as any other requests about the

Indicting Grand Jury material, on your behalf with an Indicting Grand Jury Supervising

Judge.

Revised 11/23/20

APPENDIX D

Defendants in Custody – Notice of IGJ Procedure and Rights

NOTICE OF INDICTMENT FOR CUSTODY DEFENDANTS

Date:

Defendant: