Local Juvenile Court Rule 7.15
MOTIONS - JUVENILE OFFENSE PROCEEDINGS
(A) Generally. All motions, including motions to suppress evidence, motion
regarding admissions, and other motions requiring testimony, shall be heard at
the time of trial unless otherwise set by the Court, together with a brief
which shall include a summary of the facts upon which the motions are based,
not later than five (5) days before the adjudicatory hearing. Reply briefs
shall be served and filed with the Court no later than noon of the Court day
before the hearing.
(B) To dismiss for Delay in Referral of Offense. The Court may dismiss
information if it is established that there has been an unreasonable delay in
referral of the offense to the Court. For purposes of this rule, a delay of
more than thirty (30) days from the date of completion of the police
investigation of the offense to the time of filing of the charge shall be
deemed prima facie evidence of an unreasonable delay. Upon a prima facie
showing of unreasonable delay, the Court shall then determine whether or not
dismissal or other appropriate sanction will be imposed. Among those factors
otherwise considered, the Court shall consider the following:
1. The length of the delay;
2. The reason for the delay;
3. The impact of the delay on ability to defend against the charge; and
4. The seriousness of the alleged offense.
Unreasonable delay shall constitute an affirmative defense which
must be raised by motion not less than one (1) week before
trial. Such motion may be considered by affidavit.
[Adopted effective April 1, 1988]
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