W. Va. R. Juve. Proc. 18

As amended through January 31, 2024
Rule 18 - Preliminary Hearings
(a) Timeliness and Purpose. A preliminary hearing shall be held within 20 days after the juvenile is served with the petition, or within 10 days if the juvenile is detained, unless a preliminary hearing was conducted in conjunction with a detention hearing, or waived by the juvenile after being advised by counsel. The purpose of a preliminary hearing is to determine if there is probable cause to believe the alleged juvenile offense has been committed and that the juvenile before the court is the person who committed it. If probable cause is found, the matter shall be bound over to the circuit court for an adjudication.
(b) Types of Evidence. Evidence shall be introduced at the preliminary hearing under the rules of evidence prevailing in a criminal trial except that hearsay evidence may be received if there is a substantial basis for believing:
(1) the source of the hearsay is credible;
(2) there is a factual basis for the information furnished; and
(3) that it would impose an unreasonable burden on one of the parties or a witness to require the primary source of the evidence be produced.
(c) The Juvenile's Participation. The juvenile's counsel has the right to cross-examine the state's witnesses and introduce evidence.
(d) No Probable Cause Found. If the court is of the opinion that the state has failed to establish probable cause, the petition shall be dismissed, the juvenile released, and the bond, if any, discharged.
(e) Records. The magistrate shall electronically record the preliminary hearing or if conducted by the circuit court, the record shall be made by way of the court's regular method for recording hearings. A magistrate conducting any preliminary hearing shall promptly transmit the electronic record to the circuit clerk. The circuit court shall consider any motion for transcription of the preliminary hearing made by the juvenile or the state, with appropriate provisions for payment of the cost of transcription to be included in any order for transcription. Should recording procedures fail, the presiding magistrate or judge shall make a summary of the proceeding and file the written summary with the circuit clerk.

W. Va. R. Juve. Proc. 18

Effective 1/1/2016.