Rule 35.Adjudicatory hearing
Section IV. Provisions Applicable to Juvenile Actions · Last verified September 4, 2026
Full Text of Rule 35
Plain-English Summary
Rule 35 puts a deadline on the juvenile adjudicatory hearing and compels the parents to be present.
Forty days
The date shall be set at the earliest practicable date but no later than 40 days from the filing of the petition, unless delayed by an order of the court which shall set forth the reasons for the delay.
So a delay is possible, but it costs an order that states why. The reasons go on the record rather than into the calendar.
What missing the deadline does not do
Failure to schedule within the 40 days shall not operate as a ground for dismissal except upon an affirmative showing of material prejudice.
Two limits in one clause. The remedy is not automatic, and the burden is on the party seeking it: an affirmative showing, and of material prejudice rather than delay alone.
Both parents, ordered to attend
Notice of the adjudicatory hearing shall be served on both parents and both shall be ordered to be present — and, if the child is not living with the parents, on the guardians or persons with whom the child resides.
The parent or guardian shall be required to be present and not excused from attendance except by the judge upon a showing of sickness or other justifiable cause.
That is unusually firm. Attendance is not encouraged, it is ordered, and only a judge can excuse it, on a showing.
The surrounding protections
Rule 36 requires a notice of the right to counsel to be served on the child and on the parents, guardians or persons with whom the child resides, with appointed counsel if the parents cannot afford one. Rule 34 keeps the waiver judge off this hearing. And Rule 37 then keeps this judge on the dispositional hearing that follows.
Frequently Asked Questions
How soon must a juvenile adjudicatory hearing be held?
Rule 35(a) requires the date to be set at the earliest practicable date but no later than 40 days from the filing of the petition, unless delayed by an order setting forth the reasons for the delay.
Is the case dismissed if the 40 days are missed?
Not automatically. Rule 35(a) provides that failure to schedule within the prescribed 40 day period shall not operate as a ground for dismissal except upon an affirmative showing of material prejudice.
Who must be notified of the hearing?
Rule 35(b) requires notice to be served on both parents and, if the child is not living with the parents, on the guardians or persons with whom the child resides.
Do parents have to attend?
Yes. Rule 35(b) requires both parents to be ordered to be present, and requires the parent or guardian to be present and not excused except by the judge upon a showing of sickness or other justifiable cause.
Which judge hears it?
Rule 34 bars the judge who presided over a waiver hearing from presiding over the adjudicatory hearing where jurisdiction was retained in the family court.