Section 351. Adjudicatory Hearing on Separate Petitions

A. Standards. An adjudicatory hearing may be held for:

1) offenses alleged in separate petitions if the evidence of each of the offenses would be admissible in a separate adjudicatory hearing for the other;

2) offenses alleged in separate petitions if the offenses alleged are based on the same act or transaction;

3) juveniles alleged in separate petitions if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions.

B. Procedure.

1) Oral or written notice that offenses or juveniles alleged in separate petitions will be heard together shall be given to the juvenile’s attorney or the juvenile, if unrepresented, prior to the adjudicatory hearing. If the notice is written, a copy of the notice shall be filed with the clerk of courts.

2) When notice has not been given under paragraph (B)(1), any party may move to consolidate the adjudicatory hearing for separate petitions. The motion ordinarily shall be included in an omnibus motion.

Comment

Under the scheme set forth in this rule, it can be assumed that offenses alleged in the same petition will be heard together. See Rule 332. Similarly, offenses or juveniles will be heard together if notice is given pursuant to (B)(1) of this rule. In these situations, the court may order separate hearings either when the standards in paragraph (A) are not met or pursuant to Rule 352. Absent notice pursuant to paragraph (B)(1), a motion for consolidation is required under paragraph (B)(2). A party may oppose such a motion either on the ground that the standards in paragraph (A) are not met, or pursuant to Rule 352.

Paragraph (A)(1) is based upon statutory and case law that, ordinarily, if all offenses arising from the same episode are not heard together, subsequent prosecution on any such offense not already heard may be barred. In re Huff, 582 A.2d 1093 (Pa. Super. Ct. 1990), citing Commonwealth v. Campana, 304 A.2d 432, vacated and remanded, 414 U. S. 808 (1973), addendum opinion on remand, 314 A.2d 854 (Pa. 1974).

Official Note

Rule 351 adopted April 1, 2005, effective October 1, 2005.