IN RE: ORDER ADOPTING RULE 415 AND AMENDING RULE 620 OF THE PENNSYLVANIA RULES OF JUVENILE COURT PROCEDURE
COURT RULES DOCKET
NOW, this 23rd day of May, 2018, upon the
recommendation of the Juvenile Court Procedural Rules
Committee, the proposal having been published for public
comment at 47 Pa.B. 942 (February 18, 2017):
Ordered pursuant to Article V, Section 10 of the Constitution
of Pennsylvania that Pennsylvania Rule of Juvenile Court
Procedure 415 is adopted and Pennsylvania Rule of Juvenile
Court Procedure 620 is amended in the attached form.
Order shall be processed in accordance with Pa.R.J.A. No.
103(b), and shall be effective on October 1, 2018.
OF JUVENILE COURT PROCEDURE DELINQUENCY MATTERS
4. ADJUDICATORY HEARING
Introduction to Chapter Four
Prompt Adjudicatory Hearing
Ruling on Offenses
Adjudication of Delinquency
Challenge to the Weight of the Evidence
is an entirely new rule.]
415. CHALLENGE TO THE WEIGHT OF THE EVIDENCE
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
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
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),
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.
Note: Rule 415 adopted May 23, 2018, effective
October 1, 2018. Committee Explanatory Reports:
Report explaining the adoption of Rule 415 published with the
Court's Order at ___ Pa.B. ___ (___ ___, 2018).