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RULE 11-421. ADJUDICATORY HEARING

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2022

West's Annotated Code of Maryland
Maryland Rules
Title 11. Juvenile Causes
Chapter 400. Delinquency and Citation Proceedings (Refs & Annos)
Effective: January 1, 2022
MD Rules, Rule 11-421
RULE 11-421. ADJUDICATORY HEARING
Currentness
(a) Requirement and Purpose. After a petition or citation has been filed, the court shall hold an adjudicatory hearing unless the court has waived its jurisdiction or entered a stet pursuant to Rule 11-420.
(b) Timing.
(1) Earliest Time. Unless all parties agree to an earlier date, an adjudicatory hearing may not be held earlier than 15 days after the filing of the delinquency petition or citation.
(2) Generally. An adjudicatory hearing shall be commenced within 60 days after the earlier of service of the delinquency petition on the respondent or the entry of appearance of counsel for the respondent.
(3) Respondent in Detention, Community Detention, or Shelter Care. If the respondent is in detention, community detention, or shelter care, the adjudicatory hearing shall commence within 30 days after the date on which the court ordered continued detention, community detention, or shelter.
(4) Waiver Petition Filed. If a waiver petition has been filed, the adjudicatory hearing shall be commenced within 30 days after the waiver petition is denied or withdrawn. If the respondent is in detention, community detention, or shelter care, the adjudicatory hearing shall be commenced within 14 days after the waiver petition was denied or withdrawn.
(5) Completion. Once commenced, an adjudicatory hearing shall be completed with a reasonable degree of continuity.
Committee note: See In re Vanessa C., 104 Md. App. 452 (1995) and In re Ryan S., 139 Md. App. 94 (2002), reversed and remanded on other grounds, 369 Md. 26 (2002), addressing the reasonable degree of continuity.
(6) Extension of Time Limits. Upon motion made on the record by the petitioner or respondent within the time limits set above, the county administrative judge or a judge designated by the administrative judge may extend the time within which the adjudicatory hearing may be held for extraordinary cause shown. The judge shall state on the record the cause that requires an extension and specify the number of days of the extension.
(c) Evidence; Standard of Proof. The State's Attorney:
(1) shall present the evidence in support of the delinquency petition or citation; and
(2) has the burden of proving, beyond a reasonable doubt, that the respondent committed a delinquent act alleged in a petition or a violation alleged in a citation.
(d) Adjudication; Adjudicatory Order. .If the adjudicatory hearing is conducted by a judge, the judge shall prepare and file a written adjudicatory order accompanied by a written statement or an oral statement dictated into the record stating (1) a finding whether or to what extent the State has proved the allegations of the juvenile petition or citation, and (2) the grounds upon which the finding is based. If the hearing is conducted by a magistrate, the magistrate shall prepare and file a report in accordance with Rule 11-103 (c).
Source: This Rule is derived in part from former Rule 11-114 (2021) and is in part new.

Credits

[Adopted Nov. 9, 2021, eff. Jan. 1, 2022.]
MD Rules, Rule 11-421, MD R JUV CAUSES Rule 11-421
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
End of Document