RULE 8.110. ADJUDICATORY HEARINGS

(a) Appearances; Pleas. The child shall appear before the
court at the times set and, unless a written plea has been filed,
enter a plea of guilty, not guilty, or, with the consent of the court,
nolo contendere.

(b) Preparation of Case. If the child pleads not guilty the
court may proceed at once to an adjudicatory hearing, or may
continue the case to allow sufficient time on the court calendar for a
hearing or to give the state or the child a reasonable time for the
preparation of the case.

(c) Trial by Court. The adjudicatory hearing shall be
conducted by the judge without a jury. At this hearing, the court
determines whether the allegations of the petition have been
sustained.

(d) Joint and Separate Trials. When 2 or more children are
alleged to have committed a delinquent act or violation of law, they
shall be tried jointly unless the court in its discretion orders
separate trials.
(e) Testimony. The child may choose to be sworn as a
witness and testify in his or her own behalf. The child may be cross-
examined as other witnesses. No child shall be compelled to give
testimony against himself or herself, nor shall any prosecuting
attorney be permitted to comment on the failure of the child to
testify in his or her own behalf. A child offering no testimony on his
or her own behalf except his or her own shall be entitled to the
concluding argument.

(f) Motion for Judgment of Dismissal. If, at the close of
the evidence for the petitioner or at the close of all the evidence in
the cause, the court is of the opinion that the evidence is
insufficient to establish a prima facie case of guilt against the child,
it may, or on the motion of the state attorney or the child shall,
enter an order dismissing the petition for insufficiency of the
evidence. A motion for judgment of dismissal is not waived by
subsequent introduction of evidence on behalf of the child. The
motion must fully set forth the grounds on which it is based.

(g) Dismissal. If the court finds that the allegations in the
petition have not been proven beyond a reasonable doubt, it shall
enter an order so finding and dismissing the case.

(h) Degree of Offense. If in a petition there is alleged an
offense which is divided into degrees, the court may find the child
committed an offense of the degree alleged or of any lesser degree
supported by the evidence.

(i) Specifying Offense Committed. If in a petition more
than one offense is alleged the court shall state in its order which
offense or offenses it finds the child committed.

(j) Lesser Included Offenses. On a petition on which the
child is to be tried for any offense, the court may find the child
committed:

(1) an attempt to commit the offense, if such attempt is
an offense and is supported by the evidence; or
(2) any offense that as a matter of law is a necessarily
included offense or a lesser included offense of the offense charged
in the petition and is supported by the evidence.

(k) Dispositional Alternatives. If the court finds that the
evidence proved the allegations of the petition beyond a reasonable
doubt, it may enter an order of adjudication or withhold
adjudication as provided by law. If the pre-disposition report
required by law is available, the court may proceed immediately to
disposition or continue the case for a disposition hearing. If the
report is not available, the court will continue the case for a
disposition hearing and refer it to the appropriate agency or
agencies for a study and recommendation. If the case is continued
the court may order the child detained.