Current through Register Vol. 54, No. 37, September 14, 2024
Rule 620 - Post-Dispositional MotionsA.Optional Post-Dispositional Motion.1) A party shall have the right to file a post-dispositional motion. All requests for relief from the court shall be stated with specificity and shall be consolidated in the post-dispositional motion.2) Claims properly raised before or during the adjudicatory hearing shall be deemed issues preserved for appeal whether or not the party elects to file a post-dispositional motion on those claims.B.Timing.1) If a post-dispositional motion is filed, it shall be filed within ten days of the date of entry of the dispositional order.2) If a timely post-dispositional motion is filed, the notice of appeal shall be filed within thirty days of the date of entry of the post-dispositional order: b) denying the motion by operation of law in a case when the judge fails to decide the motion; orc) memorializing the withdrawal in a case when a party withdraws the motion.3) If a post-dispositional motion is not timely filed, a notice of appeal shall be filed within thirty days of the date of entry of the dispositional order.C.Court Action.1)Briefing Schedule and Argument. Within ten days of the filing of the post-dispositional motion, the court shall:a) determine if briefs, memoranda of law, or oral arguments are required; andb) set the briefing schedule and dates for oral argument, if necessary.2)Failure to Set Schedule. If the court fails to act according to paragraph (C)(1), briefs and oral arguments are deemed unnecessary.3)Transcript. If the grounds asserted in the post-dispositional motion do not require a transcript, neither the briefs nor arguments concerning the post-dispositional motion shall be delayed for transcript preparation.D.Time Limitations for Decision on Motion. The judge shall not vacate the disposition pending the decision on the post-dispositional motion, but shall decide the motion as provided in this paragraph. 1) Except as provided in paragraph (D)(2), the judge shall decide the post-dispositional motion as soon as possible but within thirty days of the filing of the motion. If the judge fails to decide the motion within thirty days, or to grant an extension as provided in paragraph (D)(2), the motion shall be deemed denied by operation of law.2) Upon motion of a party and good cause shown, prior to the expiration of the 30-day decision period of paragraph (D)(1), the judge may grant one 30-day extension to decide the motion. If the judge fails to decide the motion within the 30-day extension period, the motion shall be deemed denied by operation of law.3) When a post-dispositional motion is denied by operation of law, the clerk of courts shall forthwith enter an order on behalf of the court. Pursuant to Rule 167, the clerk of courts shall serve a copy of the order upon each attorney and the juvenile, if unrepresented, that states the post-dispositional motion is deemed denied. This order is not subject to reconsideration.4) If the judge denies the post-dispositional motion, the judge promptly shall issue an order. The order shall be filed and served as provided in Rule 167.5) If a party withdraws a post-dispositional motion, the judge promptly shall issue an order memorializing the withdrawal. The order shall be filed and served as provided in Rule 167.E.Contents of Order. An order denying a post-dispositional motion or an order issued following a party's withdrawal of the post-dispositional motion pursuant to paragraph (D)(5), shall include notice to the party of the following: 2) the time limitations for filing the appeal; and3) the right to counsel for the appellate process.F.After-Discovered Evidence. A motion for a new adjudicatory hearing on the grounds of after-discovered evidence shall be filed in writing promptly after such discovery. If an appeal is pending, the judge may grant the motion only upon remand of the case.The provisions of this Rule 520 adopted May 17, 2007, effective 8/20/2007, 37 Pa.B. 2506; amended July 28, 2009, effective immediately, 39 Pa.B. 4743; amended January 11, 2010, effective 3/1/2010, 40 Pa.B. 518; reserved and renumbered as 237 Pa. Code Rule 620 February 23, 2012, effective 4/1/2012, 42 Pa.B. 1214; amended May 23, 2018, effective 10/1/2018, 48 Pa.B. 3407.