(a) Record. – When a case is transferred pursuant to 10 Del. C. § 1010, the clerk of the Family Court shall transmit to the prothonotary all papers in the proceeding and any bail taken, and the prosecution shall continue in accordance with these rules.(b) Reverse amenability. – Within 10 days of arraignment, a juvenile defendant may petition the Court for a transfer of the case to the Family Court pursuant to 10 Del. C. § 1011. An evidentiary hearing will be scheduled within 45 days of the filing of the petition. Upon the conclusion of the evidence, the Court may allow written arguments to be submitted by the parties provided all submissions are filed within 10 days of the hearing.(c) Decision on reverse amenability. – Within 20 days of the submission of written arguments after a reverse amenability hearing, or within 20 days of the hearing if no written arguments are allowed, the Court will either render to the parties its decision or will provide the parties an estimate of when the decision will be rendered. Such additional time shall not normally exceed an additional ten days unless the assigned Judge shall have filed a certification pursuant to Rule 19(d).(d) Extensions. – The schedule for the filing of a petition pursuant to 10 Del. C. § 1011, for a reverse amenability hearing to be held, or for a decision to be rendered shall not be extended unless the assigned Judge certifies that:
(1) The demands of the case and its complexity make the schedule under this Rule incompatible with the ends of justice; or(2) The hearing cannot reasonably be held or the decision rendered within such time because of the complexity of the case or the number or complexity of pending criminal cases.(e) Referral to Commissioner. – In the event of a referral by a Judge to a Commissioner of a reverse amenability petition for proposed findings of fact and recommendations pursuant to Rule 62, the hearing shall be scheduled and the proposed Findings of Fact and Recommendations shall be filed consistent with an expedited schedule to be included within the Order of Reference. In the event of an appeal from the Commissioner’s Findings of Fact and Recommendations, the assigned Judge will make a de novo determination within the time allowed by Rule 19(c) and (d) .
