Rule 8:17.Notification and Waiver of Trial Rights of Parties.

Part Eight: Juvenile and Domestic Relations District Courts · Last amended 2021 · Last verified July 16, 2026

In one sentenceRule 8:17 requires the judge to advise a juvenile of six trial rights at their first appearance in a delinquency case, and sets what the court must find before accepting a waiver of the most important of them.

Full Text of Rule 8:17

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Upon a juvenile's first appearance in court in a delinquency case, the juvenile must be advised by the judge of the following trial rights: the right to counsel, to a public hearing, to the privilege against self-incrimination, to confront and cross-examine witnesses, to present evidence, and the right to appeal a final decision of the court. In determining whether a waiver of the right to counsel, of the right to a public hearing, and of the privilege against self-incrimination, is knowingly, voluntarily, and intelligently made, the court must find after a thorough inquiry that the juvenile is capable of making an intelligent and understanding decision in light of the child's age, mental condition, education, and experience, considering the nature and complexity of the case. Such waiver of trial rights must be made orally in open court, and the waiver of the right to counsel must also be reduced to writing, signed by the juvenile and filed with the court records of the case.

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Plain-English Summary

At a juvenile’s first appearance in court in a delinquency case, the judge must advise them of six rights: to counsel, to a public hearing, to the privilege against self-incrimination, to confront and cross-examine witnesses, to present evidence, and to appeal a final decision of the court.

Three of those may be waived, and the rule sets a demanding standard. Before finding a waiver of the right to counsel, the right to a public hearing, or the privilege against self-incrimination knowing, voluntary and intelligent, the court must find after a thorough inquiry that the juvenile is capable of making an intelligent and understanding decision — considering the child’s age, mental condition, education and experience, and the nature and complexity of the case.

Form follows substance. Any waiver of trial rights must be made orally in open court, and a waiver of the right to counsel must also be reduced to writing, signed by the juvenile, and filed with the court records of the case.

Frequently Asked Questions

Which rights must the judge explain at a juvenile’s first appearance?

The right to counsel, to a public hearing, the privilege against self-incrimination, the right to confront and cross-examine witnesses, the right to present evidence, and the right to appeal a final decision of the court.

What must the court find before accepting a waiver?

After a thorough inquiry, that the juvenile is capable of making an intelligent and understanding decision in light of the child’s age, mental condition, education and experience, considering the nature and complexity of the case.

Which waivers does that standard apply to?

Waiver of the right to counsel, of the right to a public hearing, and of the privilege against self-incrimination.

How must a waiver be made?

Orally in open court. A waiver of the right to counsel must additionally be reduced to writing, signed by the juvenile, and filed with the court records of the case.

When must the advisement be given?

Upon the juvenile’s first appearance in court in a delinquency case.

Amendment History

Last amended by Order dated November 23, 2020; effective March 1, 2021.

Source & verification. Rule text and amendment history are reproduced verbatim from the Rules of Supreme Court of Virginia, published by the Supreme Court of Virginia. Last verified July 16, 2026. · Official source

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