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RULE 11-407. DELINQUENCY PETITION

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 11-407
RULE 11-407. DELINQUENCY PETITION
(a) Authority to File. A delinquency petition shall be prepared and filed by the State's Attorney.
Cross reference: See Code, Courts Article, § 3-8A-13 (a) regarding the delinquency petition.
Committee note: See Code, Courts Article, § 3-8A-10 for actions by the intake officer prior to the filing of a delinquency petition and time requirements for filing a petition. See also § 3-8A-13 (b). In In re Keith G., 325 Md. 538 (1992), however, the Court held that dismissal of the petition is not an appropriate remedy for a violation of those time requirements.
(b) Venue. A delinquency petition shall be filed in the county where the alleged delinquent act occurred.
Cross reference: See Code, Courts Article, § 3-8A-08 (b) addressing the filing of the petition in the county where the alleged act occurred, subject to transfer under Code, Courts Article, § 3-8A-09.
(c) Form and Content.
(1) Caption. The petition shall be captioned “In the Matter of ..........”
(2) Contents. The petition shall state:
(A) the name and address of the petitioner and the basis of the petitioner's authority to file the delinquency petition;
(B) the respondent's name, address, and date of birth, and the name and address of the respondent's parent, guardian, or custodian;
(C) that the respondent is alleged to be delinquent;
(D) in clear, simple, and concise language but with particularity, the alleged facts which constitute the alleged delinquency, including the date of the alleged delinquent act and the law(s) allegedly violated by the respondent;
(E) the name of each witness, known at the time the petition is filed, whom the petitioner intends to call to testify in support of the petition; and
(F) whether the respondent is in detention, community detention, or shelter care and, if so, (i) when that placement commenced, (ii) whether the respondent's parent, guardian, or custodian has been notified, and (iii) whether the petitioner is seeking continued detention, community detention, or shelter care.
(3) Signature. The delinquency petition shall be signed by the State's Attorney.
(d) Copies. The State's Attorney shall file with the clerk a sufficient number of copies of the petition to provide for service on the parties.
(e) Summons; Service. Unless the court orders otherwise, the clerk, upon the filing of the petition, shall promptly issue a summons substantially in the form approved by the State Court Administrator for each party other than the State's Attorney. The summons, together with a copy of the petition, shall be served in accordance with Rule 11-107 and shall be returnable as provided by Rule 2-126.
(f) Subpoena. The clerk shall issue a subpoena for each witness requested by a party pursuant to Rule 11-105.
Source: This Rule is derived in part from former Rules 11-103 and 11-104 (2021) and is in part new.

Credits

[Adopted Nov. 9, 2021, eff. Jan. 1, 2022.]
MD Rules, Rule 11-407, MD R JUV CAUSES Rule 11-407
Current with amendments received through December 1, 2023. Some sections may be more current, see credits for details.
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