Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 5702 (2026)

Bail to be governed by general rules.

✓ current as of May 2026

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§ 5702. Bail to be governed by general rules.

Except as otherwise provided by this title and the laws relating to the regulation of surety companies, all matters relating to the fixing, posting, forfeiting, exoneration and distribution of bail and recognizances shall be governed by general rules.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1981–2024 · leading case: Commonwealth v. Hann, 81 A.3d 57 (Pa. 2013).

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Commonwealth v. Hann, 81 A.3d 57 (Pa. 2013). “See 42 Pa.C.S. § 5702 (providing “all matters relating to the fixing, posting, forfeiting, exoneration and distribution of bail and recognizances shall be governed by general rules.”

Commonwealth v. Nolan, 432 A.2d 616 (Pa. Super. Ct. 1981). · cites it 2× “Section 177 was also repealed by JARA and replaced by 42 Pa.C.S. § 5702, but the repeal was not effective until June 27, 1980.”

Lexington Nat'l. Ins. Co. v. Delaware Cnty. (Pa. Commw. Ct. 2022). · cites it 3× “” 42 Pa. C.S. § 5702 (emphasis added).5 Insurers argue that this language means that “general rules” of procedure, such as Rule 531(A)(3), are superseded by state laws regulating surety companies.”

Commonwealth v. Rose, 58 Pa. D. & C.4th 505 (2002). · cites it 2× “” 42 Pa.C.S. §5702. These rules appear primarily in chapter 5, part C, of the Rules of Criminal Procedure.”

In Re: Order Amending Rules 531 & 536 of the Pennsylvania Rules of Crim. Procedure (Pa. 2017). “Prior to this Act, the Legislature had deferred most aspects relating to bail to the Court’s rulemaking authority in 42 Pa.C.S. §5702 that states: § 5702. Bail to be governed by general rules Except as otherwise provided by this title and the laws relating to the regulation of…”

Com. v. O. Riley (Pa. Commw. Ct. 2024). “” 42 Pa. C.S. §5702. Rule of Criminal Procedure 527(A)(3)6 permits a bail authority to impose nonmonetary conditions of release on 6 It states: (A) When the bail authority determines that, in addition to the conditions of the bail bond required in every case pursuant to Rule…”

In Re: Order Amending Rules 528 & 533 of the Pennsylvania Rules of Crim. Procedure (Pa. 2014). “Section 5702 of the Judicial Code, 42 Pa.C.S. §5702, provides: Except as otherwise provided by this title and the laws relating to the regulation of surety companies, all matters relating to the fixing, posting, forfeiting, exoneration and distribution of bail and recognizances…”

Bernstein v. Shapiro, 50 Pa. D. & C.3d 649 (1988). “§3561, which provides that “[a]ll money paid into court shall be held in the custody of such officer, shall be invested in such manner, and shall be withdrawn from deposit, as *655 shall be prescribed by the general rules;” and 42 Pa. C.S. §5702, which provides that “[e]xcept as…”

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