Last updated October 4, 2026.
Under Pennsylvania's prompt trial rule, trial in a court case must generally begin within 365 days after the criminal complaint is filed, and a defendant held in jail before trial may not be held more than 180 days from the complaint without a right to release on nominal bail (Pa.R.Crim.P. 600(A) and (B)). Those clocks are not simple calendar counts: for the 365-day rule, only delay caused by the Commonwealth when it failed to act with due diligence counts, and delay caused by the defense, including continuances it asks for and time it waives, is excluded (600(C)(1)).
So a case can lawfully take longer than a year. If the rule is violated, the defense can move to dismiss the charges with prejudice (600(D)(1)). For our criminal defense work from Media, see our criminal defense page.
How does the Rule 600 clock work, step by step?
- Day one is the complaint. The 365 days run from the date the written complaint is filed (600(A)(2)(a)), usually around the arrest.
- Delays are sorted. Each continuance is recorded with who asked for it and why, and a judge records whether the time counts or is excluded (600(C)(3)).
- Defense delay is excluded. Examples in the rule's comment include time the defendant expressly waives, time the defendant or counsel was unavailable, continuances requested by the defense and, before arrest, time when the defendant could not be found despite due diligence.
- Court delay is usually excluded too. Delay attributable to the judiciary may be excluded unless it is so egregious that a constitutional right is impaired (600 comment).
- Commonwealth delay without due diligence counts. That is the time that can push a case past 365 adjusted days (600(C)(1)).
- Trial "commences" when the judge calls the case to trial or the defendant enters a guilty or no contest plea (600(A)(1)); a calendar call alone is not commencement.
- Remedy. At any time before trial, the defense may file a written motion to dismiss, the judge must hold a hearing, and a dismissal under the rule is with prejudice (600(D)(1) and comment).
What are the time limits?
| Situation | Trial must start within | Pretrial jail limit | Rule 600 |
|---|---|---|---|
| New court case (written complaint) | 365 days from the complaint | 180 days from the complaint | (A)(2)(a); (B)(1) |
| Case transferred from juvenile court | 365 days from the transfer order | 180 days from the transfer order | (A)(2)(b); (B)(2) |
| ARD participation terminated | 365 days from the termination order | 180 days from the termination order | (A)(2)(c); (B)(3) |
| New trial granted, no appeal | 365 days from the order | 120 days from the order | (A)(2)(d); (B)(4) |
| Remand after appeal | 365 days from the notice of remand | 120 days from the notice | (A)(2)(e); (B)(5) |
The 180-day jail limit counts differently from the 365-day trial rule: for pretrial incarceration, only delay caused by the defendant is excluded, and all other delay counts (600(C)(2)). People who are not entitled to bail under the Pennsylvania Constitution, such as some capital or life-sentence cases, are not covered by the release remedy (600(B) and comment).
How does this play out in Delaware County?
Most Delaware County cases move through a predictable set of court dates: the preliminary hearing at a district court, formal arraignment in Media, a pretrial conference, then a plea, a diversion program or trial. Every one of those steps can generate a continuance, and each continuance is attributed to a party. Our page on formal arraignment and the motions that follow explains the deadlines that run from arraignment.
Diversion programs involve express waivers. The Delaware County District Attorney requires an ARD applicant to file an ARD Rule 600 waiver at least 14 days before formal arraignment, and under Local Criminal Rule 316(c), an ARD case with a represented defendant who has waived Rule 600 for that period is assigned to a judge and given a pretrial conference about 180 days out. If ARD is later terminated, a new 365-day period starts from the termination order (600(A)(2)(c)); see diversion programs for non-DUI charges in Delaware County.
Continuance requests in Delaware County are presented personally to the assigned trial judge on the court's form, after notice to opposing counsel (Local Criminal Rule 106(D)(1)), and that form is where the delay gets attributed.
Is Rule 600 the same as the constitutional right to a speedy trial?
They are related but not the same. The rule's official comment explains that Rule 600 was adopted in 1973, originally as Rule 1100, to protect a criminal defendant's right to a speedy trial, to protect society's right to effective prosecution and to reduce the backlog of criminal cases. In 1987 the time limit was expanded to 365 days and the nominal bail release after 180 days of pretrial incarceration was added, and in 2012 the rule was reorganized to reflect the cases interpreting it. A Rule 600 motion is a specific, rule-based remedy with a specific count of days; constitutional speedy trial arguments are separate and can be raised alongside it.
The rule also sits next to other time rules a defendant should know. A DUI case follows the same 365-day rule, while the PennDOT license side runs on its own schedule; see what happens after a DUI arrest in Delaware County. Where the defendant is waiting in custody, the 180-day count, the bail type and any conditions all matter together, which is why the dates on the docket and each continuance form are worth tracking from the first week.
What changes the answer?
- Who asked for each delay. Defense requests are excluded; Commonwealth delay counts only without due diligence (600(C)(1)).
- Express waivers. Any period the defendant expressly waives is excluded (600 comment), as in the ARD waiver.
- Whether you are in custody. The 180-day nominal bail remedy applies to pretrial incarceration (600(B) and (D)(2)); see how bail works in Pennsylvania.
- Pretrial motions. Filing a motion does not automatically make the defendant unavailable; delay is excluded only if the motion actually caused the delay in starting trial (600 comment).
- Withdrawn and refiled charges. The Commonwealth gets the later filing date only if refiling was necessary for reasons beyond its control, it acted with due diligence and it was not trying to evade the rule (600 comment).
- Statutes of limitations. Rule 600 does not change them (600(E)).
For example: a case with mixed delays
Here is a hypothetical. A complaint is filed against a woman in Upper Chichester on January 10. Her preliminary hearing is continued once at her lawyer's request (30 days excluded) and once because a Commonwealth witness did not appear after being properly subpoenaed (a question of due diligence for the judge). After arraignment, her lawyer files an omnibus motion that is heard and decided without delaying the trial date. The trial is then continued for 60 days because the court had no courtroom available.
When January 10 of the next year passes without trial, her lawyer counts: the 30 days her side requested are excluded, the court congestion is likely excluded, and the witness delay counts only if the Commonwealth did not act with due diligence. If the adjusted total still exceeds 365 days, the lawyer files a written motion to dismiss and the judge holds a hearing. This example only illustrates the method; it does not predict any result.
What mistakes do defendants make about Rule 600?
- Counting calendar days. Excluded time is removed before the 365 days are measured.
- Asking for continuances without thinking about the clock. Defense continuances are excluded time.
- Signing a waiver without reading it. An express waiver removes that period from the count.
- Waiting until after trial. The motion must be filed at any time before trial (600(D)(1)).
- Assuming 180 days in jail means automatic release. A motion is needed, and the court can attach nonmonetary conditions to nominal bail (600(D)(2)).
- Missing other deadlines while focused on Rule 600. The 30-day omnibus deadline still applies (Rule 579).
What should I do this week?
- Find the date the complaint was filed on your docket.
- List every court date and every continuance, and who asked for it.
- Keep copies of any waiver you signed.
- If you are in jail, note the date you were taken into custody.
- Ask your lawyer to track excludable time from the start.
- Book a consultation if your case seems stalled.
Frequently asked questions
Does Rule 600 apply to summary cases and traffic tickets?
Rule 600's time periods are written for court cases started by a written complaint (600(A)(2)(a)). Summary cases follow their own procedure; see what a summary offense is.
Is a Rule 600 dismissal final?
A dismissal under the rule is with prejudice; the Commonwealth's options are a motion for reconsideration or an appeal (600 comment).
Does a guilty plea count as starting trial?
Yes. Trial is deemed to commence when the defendant tenders a guilty or no contest plea (600(A)(1)).
What is nominal bail?
Release on a nominal amount, possibly with nonmonetary conditions, which a jailed defendant can request after 180 countable days (600(D)(2)).
Where does the case start in Delaware County?
At central intake and a district court; see what happens after an arrest in Delaware County. The first hearing is covered in the preliminary hearing.
Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about the timeline of your case. Evening and weekend appointments are available.