Rule 8.105 Waiver of Jurisdiction

(a) On Demand. On demand for waiver of jurisdiction, the court must enter a written order setting forth the demand, waiving jurisdiction, and certifying the case for trial as if the child were an adult. The demand must be made in the manner provided by law before an adjudicatory hearing. A certified copy of the order must be provided to the clerk of the court having jurisdiction to try the child as an adult and to the prosecuting attorney of the child within 5 days of the demand being made. The court may order that the child be delivered to the sheriff of the county in which the court that is to try the child is located.

(b) Involuntary Waiver; Hearing.

(1) As provided by law, the state attorney may, or if required must, file a motion requesting the court to waive its jurisdiction and certify the case to the appropriate court for trial as if the child were an adult.

(2) Following the filing of the motion of the state attorney, summons must be issued and served under rule 8.040. A copy of the motion and a copy of the delinquency petition, if not already served, must be attached to each summons.

(3) No plea to a petition may be accepted by the court prior to the disposition of the motion to waive jurisdiction.

(4) After the filing of the report required by law, the court must conduct a hearing on the motion to determine the existence of the criteria established by law for waiver of jurisdiction.

(5) After hearing as provided in this rule:

(A) The court may enter an order waiving jurisdiction and certifying the case for trial as if the child were an adult as provided by law. The order must set forth the basis for waiver of jurisdiction and certification to the appropriate court, with copies provided to all parties and the department. A certified copy of the order must be furnished to the clerk of the court having jurisdiction to try the child as an adult and to the prosecuting attorney of the said court within 5 days of the date of the order. The child must be delivered immediately to the sheriff of the county in which the court that is to try the child as an adult is located.

(B) The court may enter an order denying waiver of jurisdiction, and give reasons for this denial, as provided by law. If the waiver is denied, the same judge, with the consent of the child and the state, may proceed immediately with the adjudicatory hearing.

(c) Bail. If the child is delivered to the sheriff under subdivisions (a) or (b) for offenses where the right to bail exists, the court must set the amount of bail or other conditions of release, and the return date. A certified copy of the order must be furnished to the sheriff.