Philadelphia Cnty. C.P. Municipal Court-Criminal Rule 530

The following procedure is applicable to cases in which the Pennsylvania State Police (State

Police) make arrests in Philadelphia on warrants issued outside Philadelphia Coun ty. Under the

Pennsylvania Rules of Criminal Procedure, the defendant shall be taken before an Arraignment

Court Magistrate. The Arraignment Court Magistrate is required to advise the defendant of the

right to have bail set or to waive the right to bail.

1. If the defendant waives the right to bail, the defendant shall be taken by the State Police to the

County where the warrant was issued. If the defendant requests bail consideration, the State

Police will provide a copy of the warrant and/or the complaint to the Arraignment Court

Magistrate.

2. In State Police cases, defendants are not to be processed through the police identification

process.

Note: Amended by the Municipal Court Board of Judges on November 18, 2005; effective March 15, 2006.

Rule 540 Preliminary Arraignment.

(A) Preliminary arraignments shall be held 24/7/365, at the Justice Juanita Kidd Stout Center for

Criminal Justice, in accordance with Pa.R.Crim.P. No. 540. Information available to the

Arraignment Court Magistrate through PARS may be relied upon by the Arraignment Court

Magistrate, shall be included in the case file, and shall be accessible by the parties and the

public as provided by the Case Records Public Access Policy of the Unified Judicial System

of Pennsylvania. The Arraignment Court Magistrate shall include in the case file

documentary exhibits, if any, introduced by the Commonwealth or defense counsel.

(B) Hospital bedside preliminary arraignments may be conducted between 7:00 AM and 7:00 PM

(or at such other times as authorized by the President Judge from time to time), in person or by

using two-way simultaneous audio-visual communications as directed by the issuing authority

or Arraignment Court Magistrate. Police shall direct all requests for bedside preliminary

arraignments to the assigned Arraignment Court Magistrate at the Justice Juanita Kidd Stout

Center for Criminal Justice.

Comment: The Pennsylvania Rules of Criminal Procedures only require the recording and

transcription of court proceedings after the preliminary arraignment. See Pa.R.Crim.P. No. 1012

(A) and Pa.R.Crim.P. No. 115. Accordingly, preliminary arraignments conducted by A rraignment

Court Magistrates will not be recorded or transcribed. However, the President Judge of the

Philadelphia Municipal Court may direct that preliminary arraignments conducted by Arraignment

Court Magistrates be recorded solely for quality control purposes. These recordings shall not be

deemed a public record and shall not be available, discoverable or offered in evidence in any

proceeding.

Note: Former Rule 550 rescinded and new rule adopted by the Municipal Court Board of Judges

on November 18, 2005; effective March 15, 2006. Rule renumbered as Rule 540 and amended on

May 14, 2018; effective July 1, 2018. Comment added April 8, 2019, effective May 27, 2019.