York Cnty. C.P. Local Rules of Criminal Procedure (introduction)

YORK COUNTY RULES OF CRIMINAL PROCEDURE

Including Amendments Adopted through June 1, 2026

Table of Local Rules

CHAPTER 1. SCOPE OF RULES, CONSTRUCTION

AND DEFINITIONS

Rule

100. Scope of Rules

102. Citing the Criminal Procedure Rules.

PART A. BUSINESS OF THE COURTS

103. Definitions.

114. Orders and Court Notices: Filing; Service; and Docket Entries.

117. Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials; and

Setting and Accepting Bail.

PART B. COUNSEL

120. Attorneys - Appearances and Withdrawals: Limited Entry of Appearance for ARD

Application Process.

PART E. MISCELLANEOUS WARRANTS

150. Bench Warrants.

CHAPTER 4. PROCEDURES IN SUMMARY CASES

PART F. PROCEDURES IN SUMMARY CASES FOR APPEALING TO

COURT OF COMMON PLEAS FOR A TRIAL DE NOVO

462. Trial De Novo.

CHAPTER 5. PRETRIAL PROCEDURES IN COURT CASES

PART C. BAIL

PART C(1). RELEASE PROCEDURES

528. Monetary Condition of Release on Bail: Percentage Cash Bail Program.

PART C(2). GENERAL PROCEDURES IN ALL BAIL CASES

Rule

530. Duties and Powers of a Bail Agency.

PART G. PROCEDURES FOLLOWING FILING OF INFORMATION

570. Pretrial Conference.

571. Arraignment.

PART G(1). MOTION PROCEDURES

575. Motions and Answers.

576. Filing and Service by Parties.

576.1 Electronic Filing and Service.

578. Omnibus Pretrial Motion for Relief.

579. Time for Omnibus Pretrial Motion and Service.

CHAPTER 6. TRIAL PROCEDURES IN COURT CASES

PART A. GENERAL PROVISIONS

600. Prompt Trial.

619. Admission, Custody and Substitution of Tangible Exhibits.

CHAPTER 7. POST-TRIAL PROCEDURES IN COURT CASES

PART A. SENTENCING PROCEDURES

700. Sentencing Judge.

706. Enforcement and Collection of Costs, Fines and Restitution

PART B. POST-SENTENCE PROCEDURES

720. Post-Sentence Procedures; Appeal.

CHAPTER 1

SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES

York R.Crim.P. 100. Scope of Rules

These rules shall govern criminal proceedings, including summary offense proceedings,

pending before all courts of the Nineteenth Judicial District of York County, including the Court

of Common Pleas and Magisterial District Courts. Unless otherwise specifically provided, these

rules shall not apply to juvenile or domestic relations proceedings.

York R.Crim.P. 102. Citing the Criminal Procedure Rules

These Rules shall be known as the "York County Rules of Criminal Procedure" and shall be

cited as "York R.Crim.P. __".

PART A. BUSINESS OF THE COURTS

York R.Crim.P. 103. Definitions.

(A) Unless otherwise expressly stated, all words and phrases, when used in any York

County Rule of Criminal Procedure or order, shall have the same meaning as defined in the

Pennsylvania Rules of Criminal Procedure.

(B) In addition to any definition supplied by the Pennsylvania Rules of Criminal Procedure,

the following words and phrases, when used in any York County Rule of Criminal Procedure or

order, shall have the following meanings unless otherwise expressly stated:

Action is any action or proceeding of any nature pending before the Court of Common

Pleas of York County or any Magisterial District Court in the 19th Judicial District.

Administrative Office of York County Courts (abbreviated AOYCC) is the Office of

District Court Administrator, all court-appointed departments subject to the direction and

supervision of the court administrator, and all employees of the office and departments.

Application is any motion, petition, request, or other document requesting or requiring

the signature of a judge or action by the court. The term does not include a complaint as set forth

in Pa.R.Civ.P. 1017.

Clerk of Courts is the elected or appointed Clerk of the Court of Common Pleas of

York County, the Office of the Clerk of Courts, and all employees of the office.

Counsel is an attorney at law, in good standing, admitted to practice to the bar of this

Commonwealth. In any action where a defendant proceeds as a self-represented litigant, reference

to a defendant's attorney or counsel shall mean the defendant.

County is York County.

Court is the Court of Common Pleas of York County, and Magisterial District Courts

of the 19th Judicial District, or a judge of the court.

Courtroom is any courtroom, hearing room, grand jury room, or other rooms in which

judicial proceedings are conducted, whether located in the York County Judicial Center, in a

magisterial district court building, or any other location within the 19th Judicial District.

Court Administrator is the appointed District Court Administrator for the Court of

Common Pleas of York County, the Office of the District Court Administrator, the Administrative

Office of York County Courts (AOYCC), and all employees of the office.

District Attorney is the elected or appointed District Attorney of York County, the

elected or appointed Attorney General of the Commonwealth of Pennsylvania, any solicitor of any

municipality, any special prosecutor, any other entity or individual authorized and assigned to

prosecute any mater before the criminal division of this court, and all employees of all of the

foregoing.

Judge is the elected or appointed Judge of the Court of Common Pleas or Magisterial

District Judge of any Magisterial District Court of the 19th Judicial District to whom the case is

assigned, or in the absence of the assigned judge, any other judge of the court as assigned by the

court administrator.

Party is the party or parties appearing in the action as self-represented litigants, or the

attorney or attorneys of record for such party or parties.

President Judge is the elected President Judge or acting President Judge of the Court

of Common Pleas of York County, the Chambers of the President Judge, and all chambers staff.

Probation Department is the York County Department of Probation Services, and all

employees of the department.

Prothonotary is the elected or appointed Prothonotary of the Court of Common Pleas

of York County, the Office of the Prothonotary, and all employees of the office.

Public Defender is the appointed Public Defender of York County, the Office of the

Public Defender, and all employees of the office.

Sheriff is the elected or appointed Sheriff of York County, the Office of the Sheriff,

and all employees of the office.

Solicitor is the appointed Solicitor of York County, the Office of the Solicitor, and all

employees of the office.

Warden is the appointed Warden of the York County Prison, the Office of the Warden,

and all employees of the office.

(C) The singular shall include the plural, and the plural shall include the singular.

York R.Crim.P. 114. Orders and Court Notices: Filing; Service; and Docket Entries

Pursuant to Pa.R.Crim.P. 114(B), the court, court chambers staff, the clerk of courts, and the

court administrator are all authorized to perform service of any document upon any party.

York R.Crim.P. 117. Coverage: Issuing Warrants; Preliminary Arraignments and

Summary Trials; and Setting and Accepting Bail

(A) A magisterial district judge, known as the "Duty MDJ" shall be on duty after regular

business hours for the purpose of conducting judicial business requiring attention without

unnecessary delay.

(1) The court administrator shall designate and publish the annual schedule of Duty

MDJs prior to November 1 of the preceding year.

(2) A Duty MDJ who is scheduled for a particular time may exchange duty times

with another magisterial district judge, and shall make such change known to the court

administrator and York County E-911 as soon as is reasonably practical.

(B) The Duty MDJ may perform his or her duties in the Central Booking facility, in

any magisterial district court office facility, or from any other location equipped to enable

sufficient communication and information exchange between the Duty MDJ, defendant, and

other court personnel. Defendants arrested on summary fail to pay warrants after normal business

hours shall be given a notice to appear in the proper issuing authority’s office for the next

business day or be released upon payment in full of the costs, fines and restitution associated

with the summary warrant.

(C) The sheriff, clerk of courts, MDJ and other officials operating the Central Booking

facility are authorized, pursuant to Pa. R.Crim.P. 535(A), to accept cash bail, deposits, and bail

program fees from defendants, sureties and others acting on behalf of the defendants or sureties,

to provide receipts and documentation for the same, and to deliver all funds, bail bonds and

documentation to the clerk of courts or issuing authority.

PART B. COUNSEL

York R.Crim.P. 120. Attorneys - Appearances and Withdrawals: Limited Entry of

Appearance for ARD Application Process

(A) An attorney may, at the time of the entry of appearance in a case, indicate a desire to

limit the appearance to the representation of a defendant through the application process and

acceptance into the ARD program.

(B) Upon the defendant's rejection from or placement onto the ARD program, the attorney

may seek leave of court pursuant to Pa.R.Crim.P. 120(B) to withdraw from any further

representation of the defendant in the case.

(C) The attorney shall not terminate representation of the defendant unless and until leave

to withdraw the appearance is granted by the court.

PART E. MISCELLANEOUS WARRANTS

York R.Crim.P. 150. Bench Warrants.

(A) Bench Warrants Issued by Judge of Court of Common Pleas.

(1) Hearings for individuals arrested on bench warrants issued by a Judge of the

Court of Common Pleas shall be heard by the Judge who issued the bench warrant, if that Judge is

available and is still assigned to the criminal division.

(2) In the event that an individual has been arrested on more than one bench warrant

issued by different Judges of the Court of Common Pleas, the individual may be taken before any

Judge who issued a warrant, who shall conduct a hearing on all of the bench warrants pursuant to

which the individual was arrested.

(3) In the event the Judge or Judges who issued a bench warrant are unavailable to

conduct a hearing within the time limits set forth in Pa.R.Crim.P. 150, then the hearing shall be

conducted by the designated "Duty Judge."

(a) The District Court Administrator shall maintain a list of "Duty Judges"

which shall be updated from time to time and circulated among the Judges of the Court of Common

Pleas of York County. The District Court Administrator shall assign such hearings to the

appropriate Judge from that list if the issuing Judge is not available.

(b) A Judge who is "on duty" for the designed time period shall ensure his or

her availability or the availability of another Common Pleas Judge, during normal Court business

hours, for the purpose of conducting these hearings and for addressing other matters which may

need the attention of the Court and for which the Judge ordinarily assigned to a matter may not be

available.

(4) At the conclusion of the bench warrant hearing following the disposition of the

matter, the Judge shall immediately vacate the bench warrant, using an ORDER which shall be

substantially in the form as prescribed by the President Judge or designee.

(B) Bench Warrants Issued by Magisterial District Judges.

(1) Hearings for individuals arrested on bench warrants issued by a Magisterial

District Judge shall be heard by the Magisterial District Judge who issued the bench warrant, or

the Magisterial District Judge currently presiding in the magisterial district.

(2) In the event that an individual has been arrested on more than one bench warrant

issued by different Magisterial District Judges, the individual may be taken before any Magisterial

District Judge who issued a warrant, who may conduct a hearing on all of the bench warrants

pursuant to which the individual was arrested.

(3) In the event that the Magisterial District Judge or Judges who issued a bench

warrant are unavailable to conduct a hearing within the time limits set forth in Pa.R.Crim.P. 150,

or if an individual is arrested after normal business hours on a bench warrant, then the matter or

matters shall proceed pursuant to York R.Crim.P. 117.

(C) Release of Individual Not Applicable to Warrants Issued in Parole/Probation

Proceedings. An individual arrested as a result of a bench warrant issued in connection with a

parole or probation proceeding shall not be released upon the expiration of seventy-two (72) hours

without further court order, regardless of whether that individual had a hearing on the bench

warrant.

CHAPTER 4. PROCEDURES IN SUMMARY CASES

PART F. PROCEDURES IN SUMMARY CASES FOR APPEALING TO

COURT OF COMMON PLEAS FOR A TRIAL DE NOVO

York R.Crim.P. 462. Trial De Novo

(A) Upon receipt of a notice of appeal and the filing of the transcript and other papers by

the issuing authority, the court administrator shall assign the case to the next available term of

Summary Appeals Court.

(B) Should a party wish to file any pretrial motion for consideration by the trial judge, such

motion shall be filed at least ten (10) days prior to the date scheduled for trial, unless grounds for

the motion did not previously exist. Motions shall be filed and served in the same manner as

provided in York R.Crim.P. 575 and 576.

(C) Any application for a continuance of the trial date shall be filed at least ten (10) days

in advance of the date for trial, unless grounds for the motion did not exist prior to that time.

(1) The party applying for a continuance shall contact the opposing party to

determine whether there is any opposition for the requested continuance.

(2) The application for continuance shall state specifically the reasons for the

continuance, and shall further state whether there is concurrence with the request or whether the

request is opposed.

(3) The application for continuance shall be filed and served in the same manner as

provided in York R.Crim.P. 575 and 576.

(4) The proposed order shall include space for the setting of an alternate date and

time for the rescheduled de novo trial.

(D) The court administrator shall maintain a list of days and times during which summary

de novo trials will be held, and shall publish such dates and times in the Court Calendar at least

annually.

CHAPTER 5. PRETRIAL PROCEDURES IN COURT CASES

PART C. BAIL

PART C(1). RELEASE PROCEDURES

York R.Crim.P. 528. Monetary Condition of Release on Bail: Percentage Cash Bail

Program

(A) [Section (A) is suspended effective 01/24/2022] Unless specifically prohibited by

order of the bail authority when setting bail in the case, any defendant or the defendant's surety

may satisfy the monetary condition of release on bail by depositing with the court a sum of money

equal to 10% of the full amount required.

(B) If the defendant is released upon the posting of a 10% deposit and subsequently is found

by the court to have violated the conditions of release, the defendant or the defendant's surety shall

forfeit to the court the 10% deposit and shall also pay to the court the remaining 90%.

(C) The court shall, by separate administrative order, periodically set a percentage cash bail

processing fee that reasonably relates to the cost of administering the percentage cash bail program.

(D) The clerk of courts, controller, treasurer and all other court and county agencies shall

ensure that funds collected as the percentage cash bail processing fee are separately accounted for

and applied solely to offset the costs associated with administration of the percentage cash bail

program.

(E) Upon final disposition of the case, the court shall permanently retain from the 10%

deposit the percentage cash bail processing fee, plus an amount equal to the costs associated with

the issuance and service of any bench warrants resulting from the defendant's failure to appear for

any proceedings in the case, which total amount shall constitute costs associated with

administering the percentage cash bail program. Any remaining balance of the 10% deposit shall

be disposed of in accordance with Pa.R.Crim.P. 528 and 535.

PART C(2). GENERAL PROCEDURES IN ALL BAIL CASES

York R.Crim.P. 530. Duties and Powers of a Bail Agency

(A) The Administrative Office of York County Courts (AOYCC) is authorized to establish

and maintain a bail agency to monitor and assist defendants released on bail pursuant to

Pa.R.Crim.P 530 and to assist and advise the court with issues relating to bail.

(B) The AOYCC is authorized to promulgate policies and procedures necessary for the

effective and efficient operation of the bail agency.

(C) The AOYCC may establish the bail agency as a subdivision within the York County

Department of Probation Services, or as a new and separate department under the jurisdiction of

the AOYCC.

(D) Included among the duties and responsibilities of the bail agency is the administration

of the percentage cash bail program authorized by York. R.Crim.P. 528.

PART G. PROCEDURES FOLLOWING FILING OF INFORMATION

York R.Crim.P. 570. Pretrial Conference.

(A) Notice of Judge assignment shall be provided to the defendant or defense

counsel at arraignment. Notice may be mailed in the case of a written waiver by mail of

formal arraignment.

(B) Scheduling for trial.

(1) In any case in which the defendant is represented by counsel and unless

otherwise ordered by the court, the district attorney may, without further order of the court,

list the case for trial to commence at any time at least 30 days after arraignment, pursuant

to York R.Crim.P. 600.

(2) In any case in which the defendant is self-represented, the district court

administrator shall schedule, and the court shall conduct a pretrial conference

approximately 60 to 75 days after arraignment. If the case remains undisposed at the

conclusion of the pretrial conference, the court shall either schedule a subsequent pretrial

conference or authorize the district attorney to schedule the case for trial at a time

of the district attorney’s choosing, pursuant to York. R.Crim.P. 600.

(C) Request for pretrial conference. Any party may at any time request a pretrial

conference by electronically filing a written motion in substantially the following format:

Please see link: Motion-to-Request-Pre-Trial-Conference-PDF

If unable to use the link above, the form is available on the yorkcountypa.gov

website >Court>Court Administration>Court Forms> Criminal

York R.Crim.P. 571. Arraignment

(A) The court administrator shall establish periodic dates for arraignment of defendants.

(B) A defendant shall be advised orally and in writing, by court notice, of the date and time

for the arraignment at the defendant's preliminary hearing, or at the time the preliminary hearing

is waived.

(C) A waiver of formal arraignment by a defendant represented by counsel may be made

without the physical appearance of the defendant or counsel in court, provided such waiver is filed

with the clerk of courts by noon two business days prior to the date scheduled for arraignment.

The waiver shall be on such form as prescribed by the district court administrator.

(D) In the event a defendant scheduled for arraignment is not represented by counsel,

arraignment shall be conducted by a judge, hearing officer, or other official designated by the

court.

PART G(1). MOTION PROCEDURES

York R.Crim.P. 575. Motions and Answers.

If a proposed order is submitted by the applicant with a motion for consideration by the court,

the original of such order shall not be stapled to the original motion filed by a party. Such proposed

order, if suggesting that a hearing should be held, shall include space for the day, date, time and

courtroom assigned for the proposed hearing.

York R.Crim.P. 576. Filing and Service by Parties.

(A) Parties shall satisfy the requirements of Pa.R.Crim.P. 576(B) to serve copies of filings

upon the court administrator by delivering the court administrator's copy to the clerk of courts,

concurrent with filing of the original with the clerk of courts. The clerk of courts shall promptly

place the copy into the court administrator's drop box. No other copies of any filing subject to

Pa.R.Crim.P. 576 shall be delivered to the court administrator by any party by any other means.

(B) No party shall file or submit for consideration by a judge any application or other

document by facsimile or by electronic mail without prior leave of court, except however that in

addition to PACFile, the clerk of courts is authorized to establish a formal e-filing system for the

court for any filing that is not prohibited by Pa.R.Crim.P. 576.1(C) but for which PACFile does

not have the technical capability to process.

York R.Crim.P. 576.1. Electronic Filing and Service of Legal Papers

(A) Pursuant to Pa.R.Crim.P. 576.1, the Administrative Office of Pennsylvania Courts and

the 19th Judicial District have agreed upon an implementation plan for electronic filing through

the statewide system known as PACFile.

(B) All parties are required to electronically file legal papers through PACFile with the

clerk of courts in cases in the York County Court of Common Pleas, 19th Judicial District for any

filing that is not prohibited by Pa.R.Crim.P. 576.1(C) and for which PACFile has the technical

capability to process.

(C) No party may utilize PACFile for any of the following documents:

(1) applications for search warrants;

(2) applications for arrest warrants;

(3) any grand jury materials, except the indicting grand jury indictment or the

investigating grand jury presentment;

(4) submissions filed ex parte as authorized by law;

(5) submissions filed or authorized to be filed under seal; and

(6) exhibits offered into evidence, whether or not admitted in a court proceeding.

(D) Any party who is unable to participate in PACFile may file legal papers in a physical

paper format with the clerk of courts, and shall be served legal papers in a physical paper format

by the clerk of courts and other parties to the case. However, pursuant to Pa.R.Crim.P.

576.1(D)(2), establishment of a PACFile account shall constitute consent to participate in

electronic filing, including acceptance of service electronically of any document filed in PACFile.

(E) Parties utilizing PACFile shall serve physical paper format copies on all parties to the

case who cannot utilize PACFile, pursuant to Pa.R.Crim.P. 576. When utilizing PACFile, parties

shall not be required to serve the court administrator.

York R.Crim.P. 578. Omnibus Pretrial Motion for Relief

(A) An omnibus pretrial motion for relief shall state the date on which the defendant was

arraigned or the date on which a waiver of arraignment was filed, or if not yet arraigned, shall so

state.

(B) An omnibus pretrial motion for relief shall state whether the defendant is incarcerated,

the place of incarceration, if applicable, and whether any special court service, such as the

assistance of an interpreter, is needed.

York R.Crim.P. 579. Time for Omnibus Pretrial Motion and Service

(A) In cases in which a defendant has made an initial application for acceptance to the ARD

program, specialty treatment court, or other pretrial diversionary program within thirty (30) days

of arraignment or waiver of arraignment filed of record, the time for filing and service of the

omnibus pretrial motions shall be extended to a time not to exceed thirty (30) days after initial

rejection of the defendant's application to the pretrial program. The original application for relief

shall be filed in the office of the clerk of courts in the manner set forth in Pa.R.Crim.P. 576(A).

(B) In cases in which a defendant has been removed from the ARD program or other

pretrial diversionary program, any omnibus pretrial motion for relief must be filed within thirty

(30) days of the date of the filing of the order for removal.

York R.Crim.P. 590. Pleas and Plea Agreements.

Request for entry of guilty plea. Any party may at any time request that a

guilty plea be scheduled by filing a written motion marked with the “court only”

confidentiality designation via PACFile. The motion shall be in substantially the

following format:

Please see link: Motion-to-Schedule-Guilty-Plea---Fillable-Form-PDF

If unable to use the link above, the form is available on the yorkcountypa.gov

website >Court>Court Administration>Court Forms> Criminal

CHAPTER 6. TRIAL PROCEDURES IN COURT CASES

PART A. GENERAL PROVISIONS

York R.Crim.P. 600. Prompt Trial

(A) The purpose of this rule is to ensure the efficient use of judicial resources, to provide

sufficient judicial resources to the Commonwealth’s prosecuting agencies for the cases they intend

to call for trial, and to ensure defendants receive reasonable notice of the jury term during which

their trials will commence. Nothing in this rule shall limit or expand upon the provisions of Pa.

R.Crim.P. 600 regarding calculation of time for commencement of trial.

(B) Definitions:

(1) District attorney includes the attorney general or any other prosecuting attorney

or agency.

(2) Defendant includes the defendant's attorney or the self-represented defendant.

(3) Date-certain scheduling means the assigned judge, upon request of either party

or sua sponte, orders that the trial shall commence on a specific date before any judge. It is a tool

for the court's use to facilitate availability of parties and witnesses.

(4) Date-and-judge-certain scheduling means the assigned judge, upon request of

either party or sua sponte, orders that the trial shall commence on a specific date before that same

judge. It is a tool for the court's use when the judge who presided over pretrial issues believes the

interests of justice and efficiency will be served by having that same judge preside over the trial.

(C) No later than ten business days prior to the first day of each week in which jury

trials will be held, the district attorney shall provide to the district court administrator, in a format

to be prescribed by the district court administrator, a written list of all cases the district attorney

intends to call to trial in that week.