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Rule 510 – Contents of Summons; Notice of Preliminary Hearing

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) Every summons in a court case shall command the defendant to appear before the issuing authority for a preliminary hearing at the place and on the date and at the time stated on the summons. The date set for the preliminary hearing shall be not less than 20 days from the date of mailing the summons unless the issuing authority fixes an earlier date upon the request of the defendant or the defendant’s attorney with the consent of the affiant.
(B) The summons shall give notice to the defendant:

(1) of the right to secure counsel of the defendant’s choice and, for those who are without financial resources, of the right to assigned counsel in accordance with Rule 122;
(2) that bail will be set at the preliminary hearing;
(3) that if the defendant fails to appear on the date, and at the time and place specified on the summons, the case will proceed in the defendant’s absence, and a bench warrant will be issued for the defendant’s arrest; and
(4) if the case is held for court and if the defendant fails to appear without cause at any proceeding for which the defendant’s presence is required, including the trial, that the defendant’s absence may be deemed a waiver of the right to be present, and the proceeding, including the trial, may be conducted in the defendant’s absence.
(C) The following items shall be attached to the summons:

(1) a copy of the complaint; and
(2) an order directing the defendant to submit to fingerprinting in all cases in which the defendant has not been fingerprinted, except cases initiated by private complaint.

234 Pa. Code ยง 510

Committee Explanatory Reports:

Report explaining the August 9, 1994 amendments 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 August 24, 2004 amendments concerning notice that case will proceed in defendant’s absence published with the Court’s Order at 34 Pa.B. 5025 (September 11, 2004) .

Final Report explaining the May 1, 2007 amendments to paragraph (B) (3) published with the Court’s Order at 37 Pa.B. 2503 (June 2, 2007) .

Final Report explaining the July 10, 2008 amendments to paragraph (C) concerning the fingerprint order published with the Court’s Order at 38 Pa.B. 3975 (July 26, 2008) .

Final Report explaining the May 2, 2013 amendments concerning notice of consequences of failing to appear published the Court’s Order at 43 Pa.B. 2710 (May 18, 2013) .