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District Court Special Rule 208: Transfer Hearing Under G.L. c. 119, s. 61

[Disclaimer]

Note: G.L. c. 119, s. 61 was repealed in 1996

A transfer hearing shall be held (1) whenever requested by the Commonwealth or ordered by the court, on the basis that either condition denominated “a” or “b” in G.L. c. 119, s. 61, paragraph 1 exists, whether or not the same appears from the complaint; and (2) pursuant to court order in every case where the condition denominated “b” in said statute is met by reason of the fact that the offense is punishable by life imprisonment if committed by an adult. A request by the Commonwealth for a transfer hearing shall be filed in writing with the clerk not later than seven days after the arraignment on Uniform Form DCM-10, “Request for Transfer Hearing,” promulgated herewith. Notice of the transfer hearing shall be given to the child or to his counsel, and to his parent or guardian, at least seven days prior to said transfer hearing upon Uniform Form DCM-11, “Notice of Transfer Hearing,” promulgated herewith. If after the transfer hearing the court decides to dismiss the delinquency complaint it shall make a written finding and order upon Uniform Form DCM-12, “Finding and Order After Transfer Hearing,” promulgated herewith.

Amended May 10, 1976, effective June 1, 1976.