In Re: Order Amending Rules 380 and 1380 of the Pennsylvania Rules of Juvenile Court Procedure

Summary

This document amends Pennsylvania Rules of Juvenile Court Procedure 380 and 1380 concerning the preservation of witness testimony after commencement of proceedings. It addresses preservation by court order or written party agreement, requirements for recording and custody, participation in the testimony-taking process, and later admissibility determinations. The amendments were effective January 1, 2017.

Holdings

1. Rule 380 permits testimony to be taken and preserved after commencement of proceedings either by court order, upon motion, notice, and hearing, when the witness may be unavailable or exceptional circumstances make preservation appropriate, or by express written agreement of the Commonwealth, the juvenile, and the juvenile's attorney. The rule requires specified procedures for taking, recording, preserving, and maintaining custody of the testimony, and leaves admissibility to the court.
2. Rule 1380 permits testimony to be taken and preserved after commencement of proceedings either by court order, upon motion, notice, and hearing, or by express written agreement of all parties. The rule specifies participation, recording, custody, filing, and admissibility procedures for preserved testimony.

Questions Presented

1. What procedures should govern preservation of testimony after commencement of juvenile proceedings under Rules 380 and 1380?
2. Under what circumstances may testimony be preserved by court order or by agreement of the parties, and what procedural safeguards apply?

Disposition

other