237 Pa. Code Rule 406. Adjudicatory Hearing.

Rule 406. Adjudicatory Hearing.

A.  Manner of hearing.
   1)  The court shall conduct the adjudicatory hearing without a jury, in an informal but orderly manner.
   2)  The attorney for the Commonwealth shall:
     a)   attend the hearing; and
     b)   have the burden of establishing beyond a reasonable doubt that the juvenile committed the delinquent act(s).
B.  Recording. The adjudicatory hearing shall be recorded.
C.  Advanced communication technology. A court may utilize advanced communication technology pursuant to Rule 129 for the appearance of the juvenile or witness only if the parties consent.

Comment

   Under paragraph (A), the juvenile does not have the right to trial by jury. McKeiver v. Pennsylvania, 403 U. S. 528 (1971).
   Any persons may be subpoenaed to appear for the hearing. See Rule 123 and 42 Pa.C.S. §  6333.

   Official Note
   Rule 406 adopted April 1, 2005, effective October 1, 2005. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011. Amended May 26, 2011, effective July 1, 2011. Amended July 18, 2012, effective October 1, 2012.
   Committee Explanatory Reports:
   Final Report explaining the provisions of Rule 406 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).
   Final Report explaining the amendments to Rule 406 published with the Court’s Order at 41 Pa.B. 2319 (May 7, 2011).
   Final Report explaining the amendments to Rule 406 published with the Court’s Order at 41 Pa.B. 2413 (May 14, 2011).
   Final Report explaining the amendments to Rule 406 published with the Court’s Order at 41 Pa.B. 3180 (June 25, 2011).
   Final Report explaining the amendments to Rule 406 published with the Court’s Order at 42 Pa.B. 4909 (August 4, 2012).

Source

   The provisions of this Rule 406 amended April 21, 2011, effective July 1, 2011, 41 Pa.B. 2319; amended April 29, 2011, effective July 1, 2011, 41 Pa.B. 2413; amended May 26, 2011, effective July 1, 2011, 41 Pa.B. 3180; amended July 18, 2012, effective October 1, 2012, 42 Pa.B. 4909. Immediately preceding text appears at serial pages (360295) to (360296).

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