Section 596. Motion Requesting Transfer from Criminal Proceedings to Juvenile Proceedings

A request for the transfer from criminal proceedings to juvenile proceedings in a case in which the defendant was under the age of 18 at the time of the commission of the alleged offense and charged with one of the offenses excluded from the definition of ‘‘delinquent act’’ in paragraphs (2)(i), (2)(ii), and (2)(iii) of 42 Pa.C.S. § 6302 shall be made in the form of a motion.

(1) Any motion under this rule shall be filed after the preliminary hearing but not later than 30 days after arraignment.

(2) The motion shall be filed with the clerk of courts.

(3) A copy of the motion shall be served on the attorney for the Commonwealth concurrently with filing.

Comment

The rule establishes the latest time for filing a motion requesting transfer from criminal to juvenile proceedings by requiring that any motion must be filed no later than 30 days after the arraignment. However, as with omnibus pretrial motions, the judge may extend the time for filing for cause shown. Contemplated within the concept of ‘‘cause shown’’ is, for example, a finding by the court that discovery has not been completed, or that contested motions for discovery or for a bill of particulars are pending.

By permitting the motion to be filed at any time after the preliminary hearing, this rule encompasses what is the practice in a number of judicial districts and recognizes the importance of prompt determinations in these cases. Furthermore, nothing in this rule is intended to preclude judicial districts by local rule from imposing a shorter period of time after the preliminary hearing within which the motion must be filed.

For the general requirements concerning the filing and service of motions, notices, and other documents by parties, see Rule 576.

Official Note

Adopted July 31, 2012, effective November 1, 2012.

Committee Explanatory Reports:

Final Report explaining the July 31, 2012 new rule published with the Court’s Order at 42 Pa.B. 5340 (August 18, 2012).