Phil. Cnty. Pa. 553

As amended through December 18, 2021
Rule 553 - Line-ups Ordered Prior to a Preliminary Hearing
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.

Phil. Cnty. Pa. 553

Amended by the Municipal Court Board of Judges on November 18, 2005; effective 3/15/2006.