Rule Text
A. Manner of hearing.
1) The court shall conduct the adjudicatory hearing without a jury, in an informal but orderly manner.
2) The attorney for the Commonwealth shall:
a) attend the hearing; and
b) have the burden of establishing beyond a reasonable doubt that the juvenile committed the delinquent act(s).
B. Recording. The adjudicatory hearing shall be recorded.
C. Advanced communication technology. A court may utilize advanced communication technology pursuant to Rule 129 for the appearance of the juvenile or witness only if the parties consent.
Amendment history: The provisions of this Rule 406 amended April 21, 2011, effective July 1, 2011, 41 Pa.B. 2319; amended April 29, 2011, effective July 1, 2011, 41 Pa.B. 2413; amended May 26, 2011, effective July 1, 2011, 41 Pa.B. 3180; amended July 18, 2012, effective October 1, 2012, 42 Pa.B. 4909. Immediately preceding text appears at serial pages (360295) to (360296).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
In Pennsylvania juvenile court, a judge hears the case alone, without a jury. The hearing is meant to be less formal than an adult criminal trial, but it still follows a clear order. The government's attorney must be there and must prove beyond a reasonable doubt that the juvenile committed the act they are accused of.
The entire hearing must be recorded. If the court wants to allow the juvenile or any witness to appear by video or other technology instead of in person, all parties must agree to it first.
Committee Notes
Under paragraph (A), the juvenile does not have the right to trial by jury. McKeiver v. Pennsylvania, 403 U. S. 528 (1971).
Any persons may be subpoenaed to appear for the hearing. See Rule 123 and 42 Pa.C.S. § 6333.
Rule 406 adopted April 1, 2005, effective October 1, 2005. Amended April 21, 2011, effective July 1, 2011. Amended April 29, 2011, effective July 1, 2011. Amended May 26, 2011, effective July 1, 2011. Amended July 18, 2012, effective October 1, 2012.
Final Report explaining the provisions of Rule 406 published with the Court’s Order at 35 Pa.B. 2214 (April 16, 2005).
Final Report explaining the amendments to Rule 406 published with the Court’s Order at 41 Pa.B. 2319 (May 7, 2011).
Final Report explaining the amendments to Rule 406 published with the Court’s Order at 41 Pa.B. 2413 (May 14, 2011).
Final Report explaining the amendments to Rule 406 published with the Court’s Order at 41 Pa.B. 3180 (June 25, 2011).
Final Report explaining the amendments to Rule 406 published with the Court’s Order at 42 Pa.B. 4909 (August 4, 2012).
