Utah Courts
URJP Rule 16 (Rules of Juvenile Procedure)
URJP Rule 16 (Rules of Juvenile Procedure)
Rule 16 Transfer of delinquency case and venue.
(a) Transfer of delinquency case for preliminary inquiry.
(1) When a minor resides in a county other than the county where the alleged delinquency occurred and the minor initially qualifies for a nonjudicial adjustment pursuant to statute, the probation officer of the county of occurrence must transfer the referral to the minor’s county of residence for a preliminary inquiry to be conducted in accordance with Rule 15.
(2) If the minor or the minor’s parent, guardian, or custodian cannot be located or fails to appear after notice of the preliminary inquiry, or the minor declines an offer for a nonjudicial adjustment, the probation officer must transfer the referral back to the county of occurrence to determine whether to file a petition.
(b) Arraignment and pretrial proceedings.
(1) Upon the filing of a petition, the arraignment and initial pretrial conference will be held in the minor’s county of residence. If the petition is resolved without a trial, venue will remain in the minor’s county of residence.
(2) Prosecutors and defense counsel in both the county of occurrence and the county of residence must cooperate with each other both to provide discovery to defense counsel and to assist in the resolution or litigation of each case.
(3) The prosecutor in the minor’s county of residence has the authority to resolve any out-of-county charge after consultation with the prosecutor in the county or counties where the alleged offenses occurred.
(4) A prosecutor attempting to resolve a petition must respect the rights of any alleged victim in the county or counties of occurrence.
(c) Transfer of venue.
(1) Once the court in the county of residence determines that the matter cannot be resolved, venue will be transferred to the county of occurrence for trial proceedings and scheduling.
(2) Any motion related to the admission, exclusion, or suppression of evidence at trial will be filed in and ruled upon by the trial court.
(3) Motions for inquiry into competency may be raised and ruled upon in either court. The court in the county of residence and the court in the county of occurrence will communicate and consult regarding the motion. The objective of that communication is to consider the appropriate venue for a competency ruling and attainment proceedings.
(4) If the petition is adjudicated, the case will be transferred back to the court in the minor’s county of residence for disposition and continuing jurisdiction.
(d) Notice to and proceedings in the receiving court. With each transfer, the transferring court will provide notice to the receiving court of any petition or adjudication subject to transfer. The receiving court will proceed with the case as though the petition was filed or the adjudication was made in the receiving court.
(e) Dismissal of petition. The dismissal of a petition in one district where the dismissal is without prejudice and where there has been no adjudication upon the merits does not preclude refiling within the same district or another district where venue is proper.
| Empty Table |
|---|