RULE 540. PRELIMINARY ARRAIGNMENT.

(A) In the discretion of the issuing authority, the preliminary arraignment of the 

defendant may be conducted by using two-way simultaneous audio-visual 

communication. When counsel for the defendant is present, the defendant must be 

permitted to communicate fully and confidentially with defense counsel immediately 

prior to and during the preliminary arraignment.

(B) If the defendant is under the age of 18 at the time the complaint is filed and is 

charged with one of the offenses excluded from the definition of “delinquent act” in 

paragraphs (2)(i), (2)(ii), and (2)(iii) of 42 Pa.C.S. § 6302, the issuing authority shall 

determine whether the defendant's parents, guardian, or other custodian have been 

notified of the charge(s). If the parents, guardian, or other custodian have not been 

notified, the issuing authority shall notify them. 

(C) At the preliminary arraignment, a copy of the complaint accepted for filing pursuant 

to Rule 508 shall be given to the defendant.

(D) If the defendant was arrested with a warrant, the issuing authority shall provide the 

defendant with copies of the warrant and supporting affidavit(s) at the preliminary 

arraignment, unless the warrant and affidavit(s) are not available at that time, in which 

event the defendant shall be given copies no later than the first business day after the 

preliminary arraignment.

(E) If the defendant was arrested without a warrant pursuant to Rule 519, unless the 

issuing authority makes a determination of probable cause, the defendant shall not be 

detained.

(F) The issuing authority shall not question the defendant about the offense(s) charged 

but shall read the complaint to the defendant. The issuing authority also shall inform the 

defendant:

(1) of the right to secure counsel of choice and the right to assigned counsel in 

accordance with Rule 122;

(2) of the right to have a preliminary hearing, except in cases being presented to 

an indicting grand jury pursuant to Rule 556.2; and 

(3) if the offense is bailable, the type of release on bail, as provided in Chapter 5 

Part C of these rules, and the conditions of the bail bond.

(G) Unless the preliminary hearing is waived by a defendant who is represented by 

counsel, or the attorney for the Commonwealth is presenting the case to an indicting 

grand jury pursuant to Rule 556.2, the issuing authority shall:

(1) fix a day and hour for a preliminary hearing which shall not
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be later than 14 days after the preliminary arraignment if the defendant is in 

custody on the current case only and no later than 21 days if the defendant is

not in custody or is in custody but not on the current case only unless[:

(a)] extended for cause shown; [or 

(b) the issuing authority fixes an earlier date upon request

of the defendant or defense counsel with the consent of the 

complainant and the attorney for the Commonwealth;] and 

(2) give the defendant notice, orally and in writing,

(a) of the date, time, and place of the preliminary hearing, 

(b) that failure to appear without cause for the preliminary hearing will be 

deemed a waiver by the defendant of the right to be present at any further 

proceedings before the issuing authority, and will result in the case 

proceeding in the defendant's absence and in the issuance of a warrant of 

arrest, and 

(c) if the case is held for court at the time of the preliminary hearing that if 

the defendant fails to appear without cause at any proceeding for which 

the defendant’s presence is required, including the trial, the defendant’s 

absence may be deemed a waiver of the right to be present, and the 

proceeding may be conducted in the defendant’s absence.

(H) After the preliminary arraignment, if the defendant is detained, the defendant shall 

be given an immediate and reasonable opportunity to post bail, secure counsel, and 

notify others of the arrest. Thereafter, if the defendant does not post bail, he or she 

shall be committed to jail as provided by law.

(I) If a monetary condition of bail is set, the issuing authority shall accept payment of 

the monetary condition, as provided in Rule 528, at any time prior to the return of the 

docket transcript to the court of common pleas.

COMMENT: A preliminary arraignment as provided in this 

rule bears no relationship to arraignment in criminal courts of 

record. See Rule 571.

Within the meaning of Rule 540, counsel is present when 

physically with the defendant or with the issuing authority.

Under paragraph (A), the issuing authority has discretion to 

order that a defendant appear in person for the preliminary 

arraignment.
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Under paragraph (A), two-way simultaneous audio-visual 

communication is a form of advanced communication 

technology.

See Rule 130 concerning venue when proceedings are 

conducted using advanced communication technology. 

Paragraph (D) requires that the defendant receive copies of the 

arrest warrant and the supporting affidavit(s) at the time of the 

preliminary arraignment. See also Rules 513(A), 208(A), and 

1003. See Rule 513.1(F) concerning a defendant’s access to 

arrest warrant information that has been sealed.

Paragraph (D) includes a narrow exception that permits the 

issuing authority to provide copies of the arrest warrant and 

supporting affidavit(s) on the first business day after the 

preliminary arraignment. This exception applies only when 

copies of the arrest warrant and affidavit(s) are not available 

at the time the issuing authority conducts the preliminary 

arraignment, and is intended to address purely practical 

situations such as the unavailability of a copier at the time of 

the preliminary arraignment.

For public access to arrest warrant information, see Rules 

513, 513.1, and Commonwealth v. Fenstermaker, [515 Pa. 

501,] 530 A.2d 414 (Pa. 1987).

When a defendant has not been promptly released from 

custody after a warrantless arrest, the defendant must be 

afforded a preliminary arraignment by the proper issuing 

authority without unnecessary delay. See Rule 519(A).

Under paragraph (E), if a defendant has been arrested 

without a warrant, the issuing authority must make a prompt 

determination of probable cause before a defendant may be 

detained. See Riverside v. McLaughlin, 500 U.S. 44 (1991). 

The determination may be based on written affidavits, an

oral statement under oath, or both. 

Pursuant to the 2004 amendment to paragraph (G)(2), at the 

time of the preliminary arraignment, the defendant must be 

given notice, both orally and in writing, of the date, time, and 

place of the preliminary hearing. The notice must also 

explain that, if the defendant fails to appear without cause for 

the preliminary hearing, the defendant's absence will 
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constitute a waiver of the right to be present, the case will 

proceed in the defendant's absence, and a warrant for the 

defendant's arrest will be issued.

The 2012 amendment to paragraph (G) conforms this rule 

with the new procedures set forth in Chapter 5, Part E, 

permitting the attorney for the Commonwealth to proceed to 

an indicting grand jury without a preliminary hearing in cases 

in which witness intimidation has occurred, is occurring, or is 

likely to occur.

Paragraph (G)(2)(b) was amended in 2013 changing the 

phrase “without good cause” to “without cause” in reference 

to whether the defendant’s absence at the time of the 

preliminary hearing permits the preliminary hearing to 

proceed in the defendant’s absence. This amendment is not 

intended as a change in the standard for making this 

determination. The change makes the language consistent 

with the language in Rule 602 describing the standard by 

which a defendant’s absence is judged for the trial to 

proceed in the defendant’s absence. In both situations, the 

standard is the same. 

Paragraph (G)(2)(c) requires that the defendant be advised 

of the consequences of failing to appear for any court 

proceeding. See Rule 602 concerning a defendant’s failure 

to appear for trial; see also Commonwealth v. Bond, 693 

A.2d 220, 223 (Pa. Super. 1997) (“[A] defendant who is 

unaware of the charges against him, unaware of the 

establishment of his trial date or is absent involuntarily is not 

absent ‘without cause.’”).

There have been some judicial districts in which the 

practice has been to set a date for the preliminary

hearing within the time limits of this rule with no 

intention of a preliminary hearing actually taking place 

on that date; instead, the preliminary hearing is 

automatically continued by the court. This practice is 

inconsistent with the intent of the rule. 

Nothing in these rules gives the defendant's parents, 

guardian, or other custodian legal standing in the matter 

being heard by the court or creates a right of the defendant 

to have his or her parents, guardian, or other custodian

present.
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See Rule 1003(D) for the procedures governing preliminary 

arraignments in the Philadelphia Municipal Court.

See Chapter 5, Part H, Rules 595, 596, 597, and 598, for the 

procedures governing requests for transfer from criminal 

proceedings to juvenile proceedings pursuant to 42 Pa.C.S. 

§ 6322 in cases in which the defendant was under the age of 

18 at the time of the commission of the alleged offense and 

charged with one of the offenses excluded from the definition 

of “delinquent act” in paragraphs (2)(i), (2)(ii), and (2)(iii) of 

42 Pa.C.S. § 6302. 

NOTE: Original Rule 119 adopted June 30, 1964, effective 

January 1, 1965; suspended January 31, 1970, effective 

May 1, 1970. New Rule 119 adopted January 31, 1970, 

effective May 1, 1970; renumbered Rule 140 September 18, 

1973, effective January 1, 1974; amended April 26, 1979, 

effective July 1, 1979; amended January 28, 1983, effective 

July 1, 1983; rescinded August 9, 1994, effective January 1, 

1995. New Rule 140 adopted August 9, 1994, effective 

January 1, 1995; amended September 13, 1995, effective 

January 1, 1996. The January 1, 1996 effective date 

extended to April 1, 1996; the April 1, 1996 effective date 

extended to July 1, 1996; renumbered Rule 540 and 

amended March 1, 2000, effective April 1, 2001; amended 

May 10, 2002, effective September 1, 2002; amended 

August 24, 2004, effective August 1, 2005; amended June 

21, 2012, effective in 180 days; amended July 31, 2012, 

effective November 1, 2012; amended May 2, 2013, 

effective June 1, 2013; Comment revised December 23, 

2013, effective March 1, 2014 [.] ; amended November 30, 

2016, effective April 1, 2017.

* * * * * *

COMMITTEE EXPLANATORY REPORTS:

Report explaining the provisions of the new Rule 140 published at 22 
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Pa.B. 6 (January 4, 1992). Final Report published with the Court's 

Order at 24 Pa.B. 4342 (August 27, 1994).

Final Report explaining the September 13, 1995 amendments 

published with the Court's Order at 25 Pa.B. 4116 (September 30, 

1995).

Final Report explaining the March 1, 2000 reorganization and 

renumbering of the rules published with the Court’s Order at 30 Pa.B. 

1478 (March 18, 2000).

Final Report explaining the May 10, 2002 amendments concerning 

advanced communication technology published with the Court's 

Order at 32 Pa.B. 2591 (May 25, 2002).

Final Report explaining the August 24, 2004 amendments concerning 

notice that the case will proceed in defendant's absence published 

with the Court's Order at 34 Pa.B. 5016 (September 11, 2004).

Final Report explaining the June 21, 2012 amendments concerning 

indicting grand juries published with the Court’s Order at 42 Pa.B. 4140 

(July 7, 2012).

Final Report explaining July 31, 2012 amendments concerning 

defendants under the age of 18 and charged with one of the offenses 

enumerated in 42 Pa.C.S. § 6302(2)(i), (ii), or (iii) published with the 

Court’s Order at 42 Pa.B. 5340 (August 18, 2012).

Final Report explaining the May 2, 2013 amendments concerning 

notice of consequences of failing to appear published the Court’s 

Order at 43 Pa.B. 2704 (May 18, 2013).

Final Report explaining the December 23, 2013 Comment revisions 

concerning sealed arrest warrant information published with the 

Court's Order at 44 Pa.B. 239 (January 11, 2014).

Final Report explaining the amendments concerning the 

scheduling of the preliminary hearing published with the Court’s 

Order at 46 Pa.B. ( , 2016).