Rule 109 – Defects in Form, Content, or Procedure

May 14, 2021 | Criminal Procedure, Pennsylvania

A defendant shall not be discharged nor shall a case be dismissed because of a defect in the form or content of a complaint, citation, summons, or warrant, or a defect in the procedures of these rules, unless the defendant raises the defect before the conclusion of the trial in a summary case or before the conclusion of the preliminary hearing in a court case, and the defect is prejudicial to the rights of the defendant.

234 Pa. Code ยง 109

Committee Explanatory Reports:

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules, and the provisions of Rule 109, published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000) .

Final Report explaining the July 10, 2008 revisions to the Comment related to the cross-reference to Rule 135, published with the Court’s Order at 38 Pa.B. 3975 (July 26, 2008) .