Rule 587. Motion for Dismissal.

 (A)  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.

 (B)  The attorney for the Commonwealth shall be afforded an opportunity to respond.

   Cf. Pa.R.J.A. 1901 concerning termination of inactive cases.

   See Rule 575 for the procedures governing motions and answers.

   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, a dismissal of the prosecution pursuant to paragraph (A) would include the dismissal of the summary offense. See the Comment to Rule 502 (Instituting Proceedings in Court Cases).

   Official Note

   Rule 316 adopted June 30, 1964, effective January 1, 1965; amended June 8, 1973, effective July 1, 1973; amended February 15, 1974, effective immediately; renumbered Rule 315 and amended June 29, 1977 and November 22, 1977, effective as to cases in which the indictment or information is filed on or after January 1, 1978; Comment revised January 28, 1983, effective July 1, 1983; amended August 12, 1993, effective September 1, 1993; renumbered Rule 587 and amended March 1, 2000, effective April 1, 2001; amended March 3, 2004, effective July 1, 2004; Comment revised March 9, 2006, effective September 1, 2006.

   Committee Explanatory Reports:

   Report explaining the August 12, 1993 amendments published at 22 Pa.B. 3826 (July 25, 1992).

   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 March 3, 2004 amendment of paragraph (B) published with the Court’s Order at 34 Pa.B. 1561 (March 20, 2004).

   Final Report explaining the March 3, 2006 Comment revision concerning joinder of summary offenses with misdemeanor, felony, or murder charges published with the Court’s Order at 36 Pa.B. 1392 (March 25, 2006).

   The provisions of this Rule 587 amended March 3, 2004, effective July 1, 2004, 34 Pa.B. 1547; amended March 9, 2006, effective September 1, 2006, 36 Pa.B. 1385. Immediately preceeding text appears at serial pages (303690) to (303691).