Section 559. Request for Bench Warrant

In any case held for court following a preliminary hearing conducted in the defendant’s absence pursuant to Rule 543(D), upon receipt of a request by the issuing authority for the common pleas court to issue a bench warrant, the court promptly shall act upon the request.

Comment

For the requirement that the issuing authority request a bench warrant from the court of common pleas in cases in which the defendant has failed to appear for the preliminary hearing, see Rule 543(D)(3)(b)(i) and (ii). See also Rule 547(C)(5) that requires the issuing authority to transmit the request for a bench warrant with the transcript of the proceedings before the issuing authority.

Official Note

Adopted May 1, 2007, effective September 4, 2007, and May 1, 2007 Order amended May 15, 2007.

Committee Explanatory Reports:

Final Report explaining new Rule 559 published with the Court’s Order at 37 Pa.B. 2503 (June 2, 2007).

The provisions of this Rule 559 adopted May 1, 2007, effective September 4, 2007, 37 Pa.B. 2496.