Rule 510. Contents of Summons; Notice of Preliminary Hearing.

 (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; and

   (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.

 (C)  A copy of the complaint shall be attached to the summons.

   For the summons procedures in non-summary cases in the Municipal Court of Philadelphia, see Rule 1003(C).

   When a defendant appears for a preliminary hearing pursuant to a summons under this rule and is held for court, the issuing authority should require the defendant to submit to administrative processing and identification procedures (such as fingerprinting) as authorized by law. It is suggested that these processing procedures be made a condition of bail or release. See Criminal History Record Information Act, 18 Pa.C.S. §  9112.

   See Rule 511 for service of the summons and proof of service.

   See Rule 543(D) for the procedures when a defendant fails to appear for the preliminary hearing.

   For the consequences of defects in a summons in a court case, see Rule 109.

   Official Note

   Original Rule 109 adopted June 30, 1964, effective January 1, 1965; suspended January 31, 1970, effective May 1, 1970. New Rule 109 adopted January 31, 1970, effective May 1, 1970; renumbered Rule 110 and amended September 18, 1973, effective January 1, 1974; amended October 22, 1981, effective January 1, 1982; amended November 9, 1984, effective January 2, 1985; amended August 9, 1994, effective January 1, 1995; renumbered Rule 510 and amended March 1, 2000, effective April 1, 2001; amended August 24, 2004, effective August 1, 2005; amended May 1, 2007, effective September 4, 2007, and May 1, 2007 Order amended May 15, 2007.

   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 paragraph (B)(3) published with the Court’s Order at 37 Pa.B. 2503 (June 2, 2007).

   The provisions of this Rule 510 amended August 24, 2004, effective August 1, 2005, 34 Pa.B. 5016; amended May 1, 2007, effective September 4, 2007, 37 Pa.B. 2496. Immediately preceeding text appears at serial pages (312431) to (312432).