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Rule 582 – Joinder-Trial of Separate Indictments or Informations

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) STANDARDS

(1) Offenses charged in separate indictments or informations may be tried together if:

(a) the evidence of each of the offenses would be admissible in a separate trial for the other and is capable of separation by the jury so that there is no danger of confusion; or
(b) the offenses charged are based on the same act or transaction.
(2) Defendants charged in separate indictments or informations may be tried together if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses.
(B) PROCEDURE

(1) Notice that offenses or defendants charged in separate indictments or informations will be tried together shall be in writing and filed with the clerk of courts. A copy of the notice shall be served on the defendant at or before arraignment.
(2) When notice has not been given under paragraph (B)(1), any party may move to consolidate for trial separate indictments or informations, which motion must ordinarily be included in the omnibus pretrial motion.

234 Pa. Code ยง 582

Committee Explanatory Reports:

Report explaining the August 12, 1993 amendments published at 22 Pa.B. 3826 (July 25, 1992) .

Final Report explaining the August 14, 1995 changes published with the Court’s Order at 25 Pa.B. 3471 (August 26, 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 to paragraph (B) published with the Court’s Order at 32 Pa.B. 2591 (May 25, 2002) .

Final Report explaining the June 21, 2012 revision of the last paragraph of the Comment concerning the abolition of the indicting grand jury published with the Court’s Order at 42 Pa.B. 4153 (July 7, 2012) .