Section 563. Joinder of Offenses in Information

(A) Two or more offenses, of any grade, may be charged in the same information if:

(1) the evidence of each of the offenses would be admissible in a separate trial for the other and is capable of separation by the jury so that there is no danger of confusion; or

(2) the offenses charged are based on the same act or transaction.

(B) There shall be a separate count for each offense charged.

Comment

Under these rules, it is assumed that offenses charged in the same information will be tried together, unless the court orders separate trials. For joint trial of offenses or defendants charged in separate informations, see Rule 582. For severance of offenses or defendants, see Rule 583.

Official Note

Rule 228 adopted February 15, 1974, effective immediately; amended December 11, 1981, effective July 1, 1982; amended August 14, 1995, effective January 1, 1996; renumbered Rule 563 and amended March 1, 2000, effective April 1, 2001.

Committee Explanatory Reports:

Final Report explaining the August 14, 1995 changes published with the Court’s Order at 25 Pa.B. 3471 (August 26, 1995).

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).