Rule 124. Summons and Notice

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 juvenile about the juvenile’s right to counsel, and if the juvenile cannot afford counsel, the right to assigned counsel; and

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

B) Method of Service . Summons or notice shall be served:

1. in-person; or

2. by first-class mail.

C) Bench Warrant . If any summoned person fails to appear for the hearing and the judge finds that sufficient notice was given, the court may issue a bench warrant pursuant to Rule 140.

Comment

See Rules 360(A), 500(A), and 600(A) for service of the guardian for a proceeding. Nothing in these rules gives the guardians of juveniles legal standing in the matter being heard by the court or creates a right for juveniles to have their guardians present. See 42 Pa.C.S. § 6310(e). See Rule 140 for procedures on bench warrants.

Official Note

Rule 124 adopted April 1, 2005, effective October 1, 2005; amended February 26, 2008, effective June 1, 2008.

Committee Explanatory Reports:

Final Report explaining the amendments to Rule 124 published with the Court’s Order at 38 Pa.B. 1145 (March 8, 2008).