Section 1334. Amendment of Petition

A. Amendment.

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

a) form;

b) the description of the allegations;

c) the description of any person or property; or

d) the date alleged.

2) Discretionary. Absent prejudice to any party, the court may allow a petition to be amended if the petition alleges a different set of events or allegations, where the elements or matters of proof by any party are materially different from the elements or matters of proof to the allegation 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

If a petition is amended, a continuance may be appropriate to allow a party to prepare adequately.

For continuances, see Rule 1122.

Official Note

Rule 1334 adopted August 21, 2006, effective February 1, 2007.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1334 published with the Court’s Order at 36 Pa.B. 5599 (September 2, 2006).