Rule 463. Dismissal of Summary Cases Upon Satisfaction or by Agreement in the Court of Common Pleas.
When a defendant is charged in a summary case, as defined in Rule 103, that is before the court of common pleas, the judge of the court of common pleas may dismiss the case upon a showing that:
(A) the public interest will not be adversely affected;
(B) the attorney for the Commonwealth, or in cases in which no attorney for the Commonwealth is present at the summary proceeding, the affiant, consents to the dismissal;
(C) satisfaction has been made to the aggrieved person or there is an agreement that satisfaction will be made to the aggrieved person; and
(D) there is an agreement as to who shall pay the costs.
Comment This rule permits a judge of the court of common pleas to dismiss a summary case when the provisions of paragraph (A) through (D) are satisfied. This includes the situation when the summary case is before the court of common pleas pursuant to a summary appeal filed pursuant to Rule 462.
The requirement in paragraph (B) that, when the attorney for the Commonwealth is present at the summary proceeding, he or she must consent to the dismissal, is one of the criteria, along with the other enumerated criteria, which gives the judge discretion to dismiss a case under this rule, even when the affiant refuses to consent.
For dismissal upon satisfaction or agreement in a court case charging a misdemeanor that is pending before an issuing authority, see Rule 546.
For dismissal upon satisfaction or agreement by a judge of the court of common pleas in court cases, see Rule 586.
Official Note
New Rule 463 adopted January 27, 2021, effective June 1, 2021.
Committee Explanatory Reports:
Final Report explaining the adoption of new Rule 463 regarding dismissal by agreement of summary cases in the common pleas court published with the Court’s Order at 51 Pa.B. 688 (February 6, 2021).
Source The provisions of this Rule 463 adopted January 27, 2021, effective June 1, 2021, 51 Pa.B. 684.
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