Rule Text
(A) In any case in which a summary offense is joined with a misdemeanor, felony, or murder charge, and therefore is part of the court case, when there is a dismissal of all misdemeanor, felony, and murder charges, unless the Commonwealth appeals the disposition, the trial judge shall dispose of the summary offense.
(B) In any case in which all the misdemeanor, felony, and murder charges are withdrawn pursuant to Rule 561, any remaining summary offenses shall be disposed of in the court of common pleas.
Amendment history: The provisions of this Rule 589 adopted March 9, 2006, effective September 1, 2006, 36 Pa.B. 1385; amended February 12, 2010, effective April 1, 2010, 40 Pa.B. 1068. Immediately preceding text appears at serial pages (347928) and (338919).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When someone faces both a minor charge (called a summary offense) and a more serious charge like a misdemeanor or felony, all the charges get handled together in the same court. If the serious charges get dismissed, the judge does not simply send the minor charge back to a lower court. Instead, the same trial judge handles and wraps up the minor charge right there.
The same idea applies when a prosecutor drops all the serious charges. Any leftover minor charges still get dealt with in the court of common pleas, which is the higher-level court where the case was already being heard. The minor charge does not get bounced around to a different court just because the bigger charges went away.
Committee Notes
In any case in which a summary offense is joined with a misdemeanor, felony, or murder charge, and therefore is part of the court case, when an appeal of a pretrial disposition of the misdemeanor, felony, or murder charge is taken, disposition of the summary offense should be delayed pending the appeal. See Rules of Appellate Procedure 311 (Interlocutory Appeals as of Right), 903 (Time for Appeal), and 1701 (Effect of Appeal Generally).
Notwithstanding the provisions of this rule, a dismissal of the prosecution pursuant to Rule 586 (Court Dismissal Upon Satisfaction or Agreement) may include the dismissal of the summary offense.
For the procedures for nolle prosequi see Rule 585 (Nolle Prosequi).
Adopted March 9, 2006, effective September 1, 2006; amended February 12, 2010, effective April 1, 2010.
Final Report explaining the new rule published with the Court’s Order at 36 Pa.B. 1385 (March 25, 2006).
Final Report explaining the February 12, 2010 amendments to paragraph (B) concerning the disposition of summary offenses at the court of common pleas published with the Court’s Order at 40 Pa.B. 1068 (February 27, 2010).
