Current through Register Vol. 54, No. 44, November 2, 2024
A.
Optional Post-Dispositional Motion.
1) A party shall have the right to file a
post-dispositional motion. All requests for relief from the court shall be
stated with specificity and shall be consolidated in the post-dispositional
motion.
2) Claims properly raised
before or during the adjudicatory hearing shall be deemed issues preserved for
appeal whether or not the party elects to file a post-dispositional motion on
those claims.
B.
Timing.
1) If a
post-dispositional motion is filed, it shall be filed within ten days of the
date of entry of the dispositional order.
2) If a timely post-dispositional motion is
filed, the notice of appeal shall be filed within thirty days of the date of
entry of the post-dispositional order:
a)
deciding the motion;
b) denying the
motion by operation of law in a case when the judge fails to decide the motion;
or
c) memorializing the withdrawal
in a case when a party withdraws the motion.
3) If a post-dispositional motion is not
timely filed, a notice of appeal shall be filed within thirty days of the date
of entry of the dispositional order.
C.
Court Action.
1)
Briefing Schedule and
Argument. Within ten days of the filing of the post-dispositional
motion, the court shall:
a) determine if
briefs, memoranda of law, or oral arguments are required; and
b) set the briefing schedule and dates for
oral argument, if necessary.
2)
Failure to Set Schedule.
If the court fails to act according to paragraph (C)(1), briefs and oral
arguments are deemed unnecessary.
3)
Transcript. If the
grounds asserted in the post-dispositional motion do not require a transcript,
neither the briefs nor arguments concerning the post-dispositional motion shall
be delayed for transcript preparation.
D.
Time Limitations for Decision on
Motion. The judge shall not vacate the disposition pending the
decision on the post-dispositional motion, but shall decide the motion as
provided in this paragraph.
1) Except as
provided in paragraph (D)(2), the judge shall decide the post-dispositional
motion as soon as possible but within thirty days of the filing of the motion.
If the judge fails to decide the motion within thirty days, or to grant an
extension as provided in paragraph (D)(2), the motion shall be deemed denied by
operation of law.
2) Upon motion of
a party and good cause shown, prior to the expiration of the 30-day decision
period of paragraph (D)(1), the judge may grant one 30-day extension to decide
the motion. If the judge fails to decide the motion within the 30-day extension
period, the motion shall be deemed denied by operation of law.
3) When a post-dispositional motion is denied
by operation of law, the clerk of courts shall forthwith enter an order on
behalf of the court. Pursuant to Rule 167, the clerk of courts shall serve a
copy of the order upon each attorney and the juvenile, if unrepresented, that
states the post-dispositional motion is deemed denied. This order is not
subject to reconsideration.
4) If
the judge denies the post-dispositional motion, the judge promptly shall issue
an order. The order shall be filed and served as provided in Rule
167.
5) If a party withdraws a
post-dispositional motion, the judge promptly shall issue an order
memorializing the withdrawal. The order shall be filed and served as provided
in Rule 167.
E.
Contents of Order. An order denying a post-dispositional
motion or an order issued following a party's withdrawal of the
post-dispositional motion pursuant to paragraph (D)(5), shall include notice to
the party of the following:
1) the right to
appeal;
2) the time limitations for
filing the appeal; and
3) the right
to counsel for the appellate process.
F.
After-Discovered
Evidence. A motion for a new adjudicatory hearing on the grounds of
after-discovered evidence shall be filed in writing promptly after such
discovery. If an appeal is pending, the judge may grant the motion only upon
remand of the case.
