RULE 11-410. WAIVER OF JURISDICTION
West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2022
Effective: January 1, 2022
MD Rules, Rule 11-410
RULE 11-410. WAIVER OF JURISDICTION
(3) Waiver of Time Requirement. For good cause, the court may waive the time requirement of subsection (b)(2) of this Rule if, before commencement of the first scheduled adjudicatory hearing, the State's Attorney files against the child a subsequent delinquency petition accompanied by a waiver motion or an indictment or criminal information in a criminal case.
(c) Investigation. Upon the filing of a waiver motion, or prior to any waiver of jurisdiction by the court on its own initiative, the court shall order the Department of Juvenile Services to make a waiver investigation and prepare a report that addresses the criteria listed in Code, Courts Article, § 3-8A-06. The report shall include all records that are to be made available to the court at a waiver hearing. The Department shall file the report with the clerk at least five days before the scheduled waiver hearing. At the time of filing, the Department shall provide a copy of the report to the State's Attorney's Office, and the District Office of the Public Defender or private counsel. If the child is unrepresented, the Department shall provide a copy of the report to the child.
Cross reference: See Code, Courts Article, § 3-8A-17 (c) regarding admissibility of the report of a study as evidence. For admission of evidence, generally, see Rule 11-101 (b).
(6) Jurisdiction Previously Waived. If the court has previously waived its jurisdiction with respect to a delinquency petition filed against a respondent and a delinquency petition based on another alleged delinquent act is subsequently filed against the respondent, the court may waive its jurisdiction with respect to the subsequent petition based on the previous waiver after a limited hearing of which the respondent has been notified and at which the respondent has an opportunity to be heard.
Cross reference: See In re Michael W., 53 Md. App. 271 (1982) regarding compliance with fundamental principles of due process.
Cross Reference: See Davis v. State, ___ Md. ___ (2021).
Credits
[Adopted Nov. 9, 2021, eff. Jan. 1, 2022.]
MD Rules, Rule 11-410, MD R JUV CAUSES Rule 11-410
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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