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Rule 556 – Indicting Grand Jury

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) Each of the several courts of common pleas may proceed with an indicting grand jury pursuant to these rules only in cases in which witness intimidation has occurred, is occurring, or is likely to occur.
(B) Any court of common pleas seeking to resume the use of indicting grand juries pursuant to these rules shall petition the Supreme Court of Pennsylvania in the following form:

(1) The petition shall identify the petitioner, who shall be either the president judge or a designee, and the judicial district. If the petition is seeking permission to resume the use of indicting grand juries in a two-county judicial district, and the indicting grand jury is sought for only one county, that county shall be identified in the petition. The president judge’s designee shall be a member of the court of common pleas of the judicial district.
(2) The petition shall aver that the petitioner has reviewed the district attorney’s certificate required under paragraphs (B)(4) and (5) and the petitioner agrees with the averments contained therein.
(3) An original and 2 copies of the petition shall be filed, and shall bear an original signature of the petitioner.
(4) There shall be appended to the petition a certificate from the district attorney for the judicial district or, in the case of a two-county judicial district, a certificate from the district attorney or district attorneys for the county or counties within the judicial district.
(5) The district attorney’s certificate shall contain:

(a) the name and county of the district attorney;
(b) an averment that witness intimidation has occurred, is occurring, or is likely to occur in the judicial district or, in the case of a two-county district where an indicting grand jury is sought for only one county, the county;
(c) An averment that the district attorney believes that an indicting grand jury will remedy the problem of witness intimidation; and
(d) the original signature of the district attorney.

234 Pa. Code ยง 556

Amended by Pennsylvania Bulletin, Vol 45, No. 39. September 26, 2015, effective 11/1/2015

Committee Explanatory Reports:

Final Report explaining the new rule published with the Court’s Order at 42 Pa.B. 4153 (July 7, 2012) .