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RULE 11-114. ADJUDICATORY HEARING

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 11. Juvenile Causes
Chapter 100. General Provisions
MD Rules, Rule 11-114
RULE 11-114. ADJUDICATORY HEARING
a. Requirement. After a juvenile petition has been filed, and unless jurisdiction has been waived, the court shall hold an adjudicatory hearing.
b. Scheduling of Hearing.
1. Adjudicatory Hearing. An adjudicatory hearing shall be held within sixty days after the juvenile petition is served on the respondent unless a waiver petition is filed, in which case an adjudicatory hearing shall be held within thirty days after the court's decision to retain jurisdiction at the conclusion of the waiver hearing. However, upon motion made on the record within these time limits by the petitioner or the respondent, the administrative judge of the county or a judge designated by him, for extraordinary cause shown, may extend the time within which the adjudicatory hearing may be held. The judge shall state on the record the cause which requires an extension and specify the number of days of the extension.
2. Prehearing Detention or Shelter Care. If the respondent is in detention or shelter care, the adjudicatory hearing shall be held within thirty days from the date on which the court ordered continued detention or shelter care. If an adjudicatory hearing is not held within thirty days, the respondent shall be released on the conditions imposed by the court pending an adjudicatory hearing, which hearing shall be held within the time limits set forth in subsection 1 of this section.
c. Presentation of Evidence. If the juvenile petition alleges delinquency, the State's Attorney shall present the evidence in support of it unless excused by the court. In all other cases the appropriate governmental or social agency or other persons authorized by the court shall present the evidence.
d. Respondent's Right to Remain Silent. A respondent may remain silent as of right during an adjudicatory hearing on an allegation of delinquency and in all other cases where permitted on constitutional grounds; and the respondent shall be advised of this right by the court.
e. Evidence--Proof of Allegations of Petition.
1. Petition Alleging Delinquency. The allegations of a juvenile petition that the respondent has committed a delinquent act must be proved beyond a reasonable doubt. An uncorroborated extra judicial confession is not sufficient to establish that the respondent committed the delinquent act.
2. Petition Alleging Contributing. The allegations of a juvenile petition that an adult respondent violated Section 3-831 of the Courts Article must be proved beyond a reasonable doubt.
3. Other Cases. All other allegations of a juvenile petition must be proved by a preponderance of the evidence.
f. Adjudication--Finding--Adjudicatory Order. If the hearing is conducted by a judge, at its conclusion, he shall announce and dictate to the court stenographer or reporter, or prepare and file with the clerk, an adjudicatory order stating the grounds upon which he bases his adjudication. If the hearing is conducted by a magistrate, the procedures set forth in Rule 11-111 (Magistrates) shall be followed.
Source: This Rule is former Rule 914.

Credits

[Revised as Maryland Rule of Procedure 914, Nov. 5, 1976, eff. Jan. 1, 1977. Amended Nov. 13, 1981, eff. Jan. 1, 1982. Transferred to Rule 11-114, June 5, 1996, eff. Jan. 1, 1997. Amended June 5, 1996, eff. Jan. 1, 1997; Sept. 17, 2015, eff. Jan. 1, 2016.]

Editors' Notes

HISTORICAL NOTES
2015 Orders
The September 17, 2015, order, changed the term “master” to “magistrate.”
MD Rules, Rule 11-114, MD R JUV CAUSES Rule 11-114
Current with amendments received through June 1, 2019.
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