RULE 556. INDICTING GRAND JURY

(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 twocounty 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 twocounty 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 
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grand jury will remedy the problem of witness intimidation; and

(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.

NOTE: New Rule 556 adopted June 21, 2012, effective in 

180 days [.] ; amended September 8, 2015, effective

November 1, 2015.

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COMMITTEE EXPLANATORY REPORTS:

Final Report explaining the new rule published with the Court’s 

Order at 42 Pa.B. 4140 (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. ( , 2015).