Pennsylvania Code
Title 237 - JUVENILE RULES
Part I - RULES
Subpart A - DELINQUENCY MATTERS
Chapter 6 - POST-DISPOSITIONAL PROCEDURES
Part C - MOTIONS AND NUNC PRO TUNC RELIEF
Rule 625 - Hearing and Findings on Motion for Nunc Pro Tunc Relief
Universal Citation: 237 PA Code ยง 625
Current through Register Vol. 54, No. 44, November 2, 2024
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.
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