As amended through December 18, 2021
Rule 553 - Line-ups Ordered Prior to a Preliminary Hearing1. 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.Amended by the Municipal Court Board of Judges on November 18, 2005; effective 3/15/2006.