Current through Register Vol. 54, No. 42, October 19, 2024
Rule 587 - Motion for Dismissal(a)Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.(2) The attorney for the Commonwealth shall be afforded an opportunity to respond.(b)Double Jeopardy. (1) A motion to dismiss on double jeopardy grounds shall state specifically and with particularity the basis for the claim of double jeopardy and the facts that support the claim.(2) A hearing on the motion shall be scheduled in accordance with Rule 577 (Procedures Following Filing of Motion). The hearing shall be conducted on the record in open court.(3) At the conclusion of the hearing, the judge shall enter on the record a statement of findings of fact and conclusions of law and shall issue an order granting or denying the motion.(4) In a case in which the judge denies the motion, the findings of fact shall include a specific finding as to frivolousness.(5) If the judge makes a finding that the motion is frivolous, the judge shall advise the defendant on the record that a defendant has a right to file a petition for review of that determination pursuant to Pa.R.A.P. 1311(a)(3) within 30 days of the order denying the motion.(6) If the judge denies the motion but does not find it frivolous, the judge shall advise the defendant on the record that the denial is immediately appealable as a collateral order.The provisions of this Rule 587 amended March 3, 2004, effective 7/1/2004, 34 Pa.B. 1547; amended March 9, 2006, effective 9/1/2006, 36 Pa.B. 1385; amended June 4, 2013, effective 7/4/2013, 43 Pa.B. 3330; amended January 4, 2022, effective 7/1/2022, 52 Pa.B. 346.