Rule Text
When the affiant is not a law enforcement officer, the affiant shall institute a criminal proceeding in a summary case by filing a complaint with the proper issuing authority.
Amendment history: The provisions of this Rule 420 amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3575; amended December 1, 2021, effective January 2022, 51 Pa.B. 7622. Immediately preceding text appears at serial page (392750).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
If you are a regular person (not a police officer) and you want to report a crime that falls under a summary offense, you have to start the process yourself by filing a formal complaint. You cannot simply call the police and expect them to file paperwork on your behalf in this situation.
You must take this complaint to the correct issuing authority, which is usually a local district judge or magistrate. Filing with the right office matters, so you may want to check ahead of time which office handles your area.
Committee Notes
With regard to the ‘‘proper’’ issuing authority as used in these rules, see Rule 130.
Complaints filed pursuant to this rule are public records. However, in addition to restrictions placed by law and rule on the disclosure of confidential information, the filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania and may require further precautions, such as placing certain types of information in a ‘‘Confidential Information Form’’. See Rule 113.1.