Rule 589. Pretrial Disposition of Summary Offenses Joined with Misdemeanor, Felony, or Murder Charges.

 (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 no event shall the trial judge remand the summary offense to the issuing authority for disposition.

   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).

   Official Note

   Adopted March 9, 2006, effective September 1, 2006.

   Committee Explanatory Reports:

   Final Report explaining the new rule published with the Court’s Order at 36 Pa.B. 1392 (March 25, 2006).

   The provisions of this Rule 589 adopted March 9, 2006, effective September 1, 2006, 36 Pa.B. 1385.