Current through Register Vol. 54, No. 49, December 7, 2024
Rule 1140 - Bench Warrants for Failure to AppearA.Issuance of Warrant. 1) Before a bench warrant may be issued by a judge, the judge shall find that the subpoenaed or summoned person received sufficient notice of the hearing and failed to appear.2) For the purpose of a bench warrant, a judge may not find notice solely based on first-class mail service.3) The judge shall not issue an arrest warrant for a dependent child who absconds.B.Party. 1)Where to Take the Party. a) When a party is taken into custody pursuant to a bench warrant, the party shall be taken without unnecessary delay to the judge who issued the warrant or a judge designated by the President Judge to hear bench warrants.b) If the party is not brought before a judge, the party shall be released unless the warrant specifically orders detention of the party.c) If the warrant specifically orders detention of a party, the party shall be detained pending a hearing. i)Minor. If the party is a minor, the party shall be detained in a shelter care facility or other placement as deemed appropriate by the judge.ii)Adult. If the party is an adult, the witness shall be detained at the county jail.2)Prompt Hearing.a) If a party is detained pursuant to a specific order in the bench warrant, the party shall be brought before the judge who issued the warrant, a judge designated by the President Judge to hear bench warrants, or an out-of-county judge pursuant to paragraph (B)(4) within seventy-two hours.b) If the party is not brought before a judge within this time, the party shall be released.3)Notification of Guardian. If a party is a child and is taken into custody pursuant to a bench warrant, the arresting officer shall immediately notify the child's guardian of the child's whereabouts and the reasons for the issuance of the bench warrant.4)Out-of-County Custody. a) If a party is taken into custody pursuant to a bench warrant in a county other than the county of issuance, the county of issuance shall be notified immediately.b) Arrangements to transport the party shall be made immediately.c) If transportation cannot be arranged immediately, then the party shall be taken without unnecessary delay to a judge of the county where the party is found.d) The judge will identify the party as the subject of the warrant, decide whether detention is warranted, and order that arrangements be made to transport the party to the county of issuance.5)Time Requirements. The time requirements of Rules 1242, 1404, 1510, and 1607 shall be followed.C.Witnesses. 1)Where to Take the Witness.a) When a witness is taken into custody pursuant to a bench warrant, the witness shall be taken without unnecessary delay to the judge who issued the warrant or a judge designated by the President Judge to hear bench warrants.b) If the witness is not brought before a judge, the witness shall be released unless the warrant specifically orders detention of the witness.c) A motion for detention as a witness may be filed anytime before or after the issuance of a bench warrant. The judge may order detention of the witness pending a hearing. i)Minor. If a detained witness is a minor, the witness shall be detained in a shelter care facility or other placement as deemed appropriate by the judge.ii)Adult. If a detained witness is an adult, the witness shall be detained at the county jail.2)Prompt Hearing. a) If a witness is detained pursuant to paragraph (C)(1)(c) or brought back to the county of issuance pursuant to paragraph (C)(4)(f), the witness shall be brought before the judge by the next business day.b) If the witness is not brought before a judge within this time, the witness shall be released.3)Notification of Guardian. If a witness who is taken into custody pursuant to a bench warrant is a minor, the arresting officer shall immediately notify the witness's guardian of the witness's whereabouts and the reasons for the issuance of the bench warrant.4)Out-of-County Custody.a) If a witness is taken into custody pursuant to a bench warrant in a county other than the county of issuance, the county of issuance shall be notified immediately.b) The witness shall be taken without unnecessary delay and within the next business day to a judge of the county where the witness is found.c) The judge will identify the witness as the subject of the warrant, decide whether detention as a witness is warranted, and order that arrangements be made to transport the witness to the county of issuance.d) Arrangements to transport the witness shall be made immediately.e) If transportation cannot be arranged immediately, the witness shall be released unless the warrant or other order of court specifically orders detention of the witness. i)Minor. If the witness is a minor, the witness may be detained in an out-of-county shelter care facility or other placement as deemed appropriate by the judge.ii)Adult. If the witness is an adult, the witness may be detained in an out-of-county jail.f) If detention is ordered, the witness shall be brought back to the county of issuance within seventy-two hours from the execution of the warrant.g) If the time requirements of this paragraph are not met, the witness shall be released.D.Advanced Communication Technology. A court may utilize advanced communication technology pursuant to Rule 1129 unless good cause is shown otherwise.E.Return & Execution of the Warrant for Parties and Witnesses. 1) The bench warrant shall be executed without unnecessary delay.2) The bench warrant shall be returned to the judge who issued the warrant or to the judge designated by the President Judge to hear bench warrants.3) When the bench warrant is executed, the arresting officer shall immediately execute a return of the warrant with the judge.4) Upon the return of the warrant, the judge shall vacate the bench warrant.The provisions of Rule 1140 adopted March 19, 2009, effective 6/1/2009, 39 Pa.B. 1614; amended April 21, 2011, effective 7/1/2011, 41 Pa.B. 2319; amended April 23, 2018, effective 7/1/2018, 48 Pa.B. 2615.