Rule 415. Challenge to the Weight of the Evidence.
A. Timing and Manner. A claim that a ruling on the offense or an adjudication of delinquency was against the weight of the evidence shall be raised with the juvenile court judge:
1) by oral motion, on the record, at any time after the ruling or adjudication and before disposition;
2) by written motion at any time after the ruling or adjudication and before disposition; or
3) in a post-dispositional motion pursuant to Rule 620(A)(1).
B. Decision. If the claim is raised before disposition:
1) the judge shall decide the motion before entering disposition and shall not extend the date for disposition or otherwise unduly delay the disposition hearing in order to dispose of the motion; and
2) the claim shall be preserved for appeal.
C. Appeal. An appeal of a decision shall be governed by the timing requirements of Rule 620(B)(2) or (3), whichever applies.
Comment The purpose of this rule is to make it clear that a challenge to the weight of the evidence must be raised with the juvenile court judge or it will be waived. See also In re J.B., 106 A.3d 76, 95 (Pa. 2014) (claim cannot be raised via closing argument). When a claim is raised pursuant to paragraph (A)(1) or (A)(2), it need not be raised again in a post-dispositional motion to preserve the claim for appeal.
Official Note
Rule 415 adopted May 23, 2018, effective October 1, 2018.
Committee Explanatory Reports:
Final Report explaining the adoption of Rule 415 published with the Court’s Order at 48 Pa.B. 3407 (June 9, 2018).
Source The provisions of this Rule 415 adopted May 23, 2018, effective October 1, 2018, 48 Pa.B. 3407.
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