Philadelphia Cnty. C.P. Municipal Court-Criminal Rule 553

1. In all cases where a Municipal Court Judge determines that a line-up is appropriate, the Judge

shall issue a Short Certificate ordering the defendant, defense counsel, and the witnesses to

appear at the prescribed time, date and location for that purpose. Defense counsel must appear

at the line-up unless his or her presence is waived by the defendant. Defense counsel’s willful

failure to appear at the line-up shall constitute Contempt of Court punishable by sanctions.

Willful failure of any other parties ordered to appear shall constitute a waiver of their presence.

2. The defendants shall sign a Short Certificate to indicate receipt and notification of the time and

place of the line-up. A copy of the Short Certificate shall be made part of the official court

record.

3. If, at the time of the line-up, there is an allegation of a substantial alteration of the defendant’s

appearance from the time of the order to the time of the line-up, the line-up shall be canceled.

At the next listing of the preliminary hearing, the Commonwealth shall present to the

presiding judge photographs taken of the defendant at the line-up and photographs taken at or

near the date of the court order. If the presiding judge determines that there has been a

substantial alteration of appearance, the original line-up order shall be voided. If the

presiding judge determines that there has not been a substantial alteration of appearance, a

new lineup shall be ordered. The time from the original lineup order to the second line-up

order shall be charged against the Commonwealth for purposes of Pennsylvania Rules of

Criminal Procedure 600 and 1013.

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