Rule 19. Reverse amenability proceedings

(a) Record. When a case is transferred pursuant to 10 Del. C. § 1010, the clerk of the Family Court shall transmit to the prothonotary all papers in the proceeding and any bail taken, and the prosecution shall continue in accordance with these rules.

(b) Reverse amenability. Within 30 days of arraignment, a juvenile defendant may petition the Court for a transfer of the case to the Family Court pursuant to 10 Del. C. § 1011(b). An evidentiary hearing shall be held as soon as practicable after the filing of the petition.

(c) Decision on reverse amenability. The Court shall render its decision on the petition within 90 days of arraignment consistent with 10 Del. C. § 1011(c)(2).

(d) Extensions. The schedule for a decision to be rendered shall not be extended unless the assigned Judge determines that justice or the complexity of the case requires an extension.

(e) Referral to Commissioner. In the event of a referral by a Judge to a Commissioner of a reverse amenability petition for proposed findings of fact and recommendations pursuant to Rule 62, the hearing shall be scheduled and the proposed Findings of Fact and Recommendations shall be filed consistent with an expedited schedule to be included within the Order of Reference. In the event of an appeal from the Commissioner's Findings of Fact and Recommendations, the assigned Judge will make a de novo determination within the time allowed by Rule 19(c) and (d). History. Added, effective Aug. 1, 1996; amended Sept. 25, 2015, effective Oct. 1, 2015.