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Rule 504 – Contents of Complaint

May 14, 2021 | Criminal Procedure, Pennsylvania

Every complaint shall contain:

(1) the name of the affiant;
(2) the name and address of the defendant, or if unknown, a description of the defendant as nearly as may be;
(3) a direct accusation to the best of the affiant’s knowledge, or information and belief, that the defendant violated the penal laws of the Commonwealth of Pennsylvania;
(4) the date when the offense is alleged to have been committed; provided, however:

(a) if the specific date is unknown, or if the offense is a continuing one, it shall be sufficient to state that it was committed on or about any date within the period of limitations; and
(b) if the date or day of the week is an essential element of the offense charged, such date or day must be specifically set forth;
(5) the place where the offense is alleged to have been committed;
(6)

(a) in a court case, a summary of the facts sufficient to advise the defendant of the nature of the offense charged, but neither the evidence nor the statute allegedly violated need be cited in the complaint. However, a citation of the statute allegedly violated, by itself, shall not be sufficient for compliance with this subsection; or
(b) in a summary case, a citation of the specific section and subsection of the statute or ordinance allegedly violated, together with a summary of the facts sufficient to advise the defendant of the nature of the offense charged;
(7) a statement that the acts of the defendant were against the peace and dignity of the Commonwealth of Pennsylvania or in violation of an ordinance of a political subdivision;
(8) a notation if criminal laboratory services are requested in the case;
(9) a notation that the defendant has or has not been fingerprinted;
(10) a request for the issuance of a warrant of arrest or a summons, unless an arrest has already been effected;
(11) a verification by the affiant that the facts set forth in the complaint are true and correct to the affiant’s personal knowledge, or information and belief, and that any false statements therein are made subject to the penalties of the Crimes Code, 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities;
(12)a certification that the complaint complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania regarding confidential information and documents; and
(13) the signature of the affiant and the date of the execution of the complaint.

234 Pa. Code § 504

Amended by Pennsylvania Bulletin, Vol 48, No. 24. June 16, 2018, effective 6/16/2018

Committee Explanatory Reports:

Report explaining the July 25, 1994 amendment published with Court’s Order at 24 Pa.B. 4068 (August 13, 1994) .

Report explaining the August 9, 1994 Comment revisions published at 22 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 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 March 3, 2006 Comment revision published with the Court’s Order at 36 Pa.B. 1392 (March 25, 2006) .

Final Report explaining the July 10, 2008 amendments adding new paragraph (9) requiring a notation concerning fingerprinting published with the Court’s Order at 38 Pa.B. 3975 (July 26, 2008) .