234 Pa. Code Rule 556
(d) the original signature of the district attorney.
Comment
This rule was adopted in 2012 to permit the use of an indicting grand jury as an alternative to the preliminary hearing but only in cases in which witness intimidation has occurred, is occurring, or is likely to occur.
The Supreme Court, by Order issued with the promulgation of the new Rules of Criminal Procedure governing the indicting grand jury, requires that each of the judicial districts must petition the Court for permission to resume using the indicting grand jury, but only as provided in these rules. By further Order of the Supreme Court, the form and contents of the petition were established. See 43 Pa.B. 1706 (March 30, 2013). This rule was amended in 2015 to include the form and contents of the petition required to resume indicting grand juries as established by the Court’s Order.
The rules in Chapter 5 Part E apply only to the indicting grand jury and do not apply to any county, regional, or statewide investigating grand jury.
Official Note
New Rule 556 adopted June 21, 2012, effective in 180 days; amended September 8, 2015, effective November 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).
Final Report explaining the September 8, 2015 amendment regarding the content of the petition to resume using indicting grand juries published with the Court’s Order at 45 Pa.B. 5786 (September 26, 2015).
The provision of this Rule 556 adopted June 21, 2012, effective in 180 days, 42 Pa.B. 4140; amended September 8, 2015, effective November 1, 2015, 45 Pa.B. 5785. Immediately preceding text appears at serial page (361838).