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Rule 596 – Motion Requesting Transfer from Criminal Proceedings to Juvenile Proceedings

May 14, 2021 | Criminal Procedure, Pennsylvania

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.

234 Pa. Code § 596

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) .