Section 1124. Summons

A) Requirements of the summons. The summons shall:

1) be in writing;

2) set forth the date, time, and place of the hearing;

3) instruct the parties about the right to counsel; and

4) give a warning stating that the failure to appear for the hearing may result in arrest.

B) Method of Service. The summons shall be served:

1) in-person; or

2) by certified mail, return receipt and first-class mail.

C) Exception to service. If service cannot be accomplished pursuant to paragraph (B), the party may move for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the person sought to be served and the reasons why service cannot be made.

D) Bench Warrant. If any summoned person fails to appear for the hearing and the court finds that sufficient notice was given, the judge may issue a bench warrant pursuant to Rule 1140.

Comment

A subpoena is used to order a witness to appear and a summons is issued to bring a party to the proceeding.

In paragraph (D), this rule provides that a summoned person is to fail to appear and the court is to find that sufficient notice was given before a bench warrant may be issued. The Juvenile Act, 42 Pa.C.S. § 6335(c), which provides for the issuance of arrest warrants if the child may abscond or may not attend or be brought to a hearing, is suspended to the extent that it conflicts with this rule. See Rule 1800 for suspensions.

See Rules 1360(A), 1500(A), and 1600(A) for service of the parties for a proceeding.

See Rule 1140 for procedures on bench warrants.

Official Note

Rule 1124 adopted August 21, 2006, effective February 1, 2007. Amended March 19, 2009, effective June 1, 2009.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1124 published with the Court’s Order at 36 Pa.B. 5599 (September 2, 2006).

Final Report explaining the amendments to Rule 1124 published with the Court’s Order at 39 Pa.B. 1619 (April 4, 2009).

The provisions of this Rule 1124 amended March 19, 2009, effective June 1, 2009, 39 Pa.B. 1614. Immediately preceding text appears at serial pages (341086) and (326045).