Section 334. Amendment of Petition

A. Amendment.

1) The court shall allow a petition to be amended when there is a defect in:

a) form;

b) the description of the offense;

c) the description of any person or property; or

d) the date alleged.

2) The court shall not allow a petition to be amended if the petition alleges a different set of events or offenses, where the elements or defenses are materially different from the elements or defenses to the offense originally petitioned.

B. Continuance. Upon amendment, the court may:

1) grant a continuance of the adjudicatory hearing; or

2) order other relief as is necessary in the interests of justice.

Comment

For continuances, see Rule 122.

Official Note

Rule 334 adopted April 1, 2005, effective October 1, 2005.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 334 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).