Section 134. Objections to Venue

(A) Objections to venue between magisterial districts shall be raised in the court of common pleas of the judicial district in which the proceeding has been brought, before completion of the preliminary hearing in a court case or before completion of the summary trial when a summary offense is charged, or such objections shall be deemed to have been waived.

(B) No objection to venue between magisterial districts shall be allowed unless substantial prejudice will result if the proceeding is allowed to continue before the issuing authority before whom it has been brought.

(C) No criminal proceedings shall be dismissed because of improper venue between magisterial districts. Whenever an objection to such venue is allowed, the court of common pleas shall order the transfer of the proceeding to the issuing authority of the proper magisterial district.

Comment

An objection to venue under this rule would include a challenge to the transfer of proceedings pursuant to Rule 130(B).

Official Note

Formerly Rule 155, adopted January 6, 1970, effective immediately; renumbered Rule 25 September 18, 1973, effective January 16, 1974; amended January 28, 1983, effective July 1, 1983; renumbered Rule 134 and amended March 1, 2000, effective April 1, 2001; amended April 20, 2000, effective July 1, 2000.

Committee Explanatory Reports:

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000).

Final Report explaining the April 20, 2000 amendments concerning multiple charges arising from a single criminal episode published with the Court’s Order at 30 Pa.B. 2219 (May 6, 2000).

The provisions of this Rule 134 amended April 20, 2000, effective July 1, 2000, 30 Pa.B. 2211. Immediately preceding text appears at serial page (264132).