Section 625. Hearing and Findings on Motion for Nunc Pro Tunc Relief

A. Hearing.

1) The judge may grant an evidentiary hearing to resolve material questions of fact.

2) The hearing shall be conducted as soon as possible but no later than thirty days after the filing of the motion for nunc pro tunc relief unless, upon good cause shown, the judge determines more time is necessary for investigation and preparation.

B. Grant with No Hearing. If sufficient facts exist in the record to warrant relief, the judge may grant the motion without a hearing. If the judge grants the motion, it shall be granted within thirty days of the filing of the motion unless an extension is granted.

C. Dismiss with No Hearing.

1) The judge shall give notice to the parties of the intention to dismiss the motion, stating the reasons for the dismissal in the notice upon conclusion that:

a) there are no genuine issues concerning any material fact;

b) the juvenile is not entitled to relief; or

c) no purpose would be served by any further proceedings.

2) The juvenile may respond to the proposed dismissal within twenty days of the date of the notice.

3) The judge thereafter shall order the motion dismissed, grant leave to file an amended motion, or direct that the proceedings continue.

4) The judge may dispose of only part of a motion without a hearing by ordering dismissal of or granting relief on only some of the issues raised, while ordering a hearing on other issues.

D. Findings. The judge shall:

1) state the findings and conclusions of law for all material issues raised:

a) on the record when there is a hearing; or

b) in the order when there is no hearing; and

2) issue an order denying relief or granting a specific form of relief, and issue any supplementary orders or modification of dispositional orders appropriate to the proper disposition of the case.

E. Dismissed by Operation of Law. If the judge fails to decide the motion or grant an extension within thirty days:

1) the motion shall be deemed denied by operation of law and not subject to reconsideration; and

2) the clerk of courts shall forthwith:

a) enter an order on behalf of the court; and

b) as provided pursuant to Rule 167, shall serve a copy of the order on each attorney and the juvenile, if the juvenile has waived counsel, that the motion is deemed denied.

F. Appellate Rights.

1) If the judge disposes of the case in open court at the conclusion of the hearing, the judge shall advise the juvenile on the record of the right to appeal from the final order disposing of the motion and of the time within which the appeal must be taken.

2) If the case is taken under advisement or the judge denies the motion without a hearing, the judge shall notify the juvenile of the right to appeal pursuant to Rule 628.

Comment

The judge is permitted, pursuant to paragraph (C), to summarily dismiss a motion in certain cases. To determine whether a summary dismissal is appropriate, the judge should review the motion, the answer, if any, and all other relevant information included in the record. If, after this review, the judge determines that the motion is patently frivolous and without support in the record, or that the facts alleged would not, if proven, entitle the juvenile to relief, or that there are no genuine issues of fact, the judge may dismiss the motion.

A summary dismissal would also be authorized under this rule if the judge determines that a previous motion involving the same issue or issues was filed and determined adversely to the juvenile. See Comment to Rule 622 for second or subsequent motions.

Additionally, relief may be granted without a hearing pursuant to paragraph (D)(2) after an answer has been filed.

Official Note

Rule 625 adopted February 23, 2012, effective April 1, 2012.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 625 published with the Court’s Order at 42 Pa.B. 1214 (March 10, 2012).

The provisions of this Rule 625 adopted February 23, 2012, effective April 1, 2012, 42 Pa.B. 1214.