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.
Former Philadelphia Criminal Rule 500. Renumbered June 4, 2014, effective July 21, 2014. Amended September 20, 2019, effective December 2, 2019.