C.R.J.P. 3.2

History

Source: Entire chapter repealed and reenacted June 16, 1988, effective January 1, 1989; (e) amended and adopted December 14, 2011, effective January 1, 2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1(b). ANNOTATION Annotator’s note. Since rule 3.2 is similar to rule 8 as it existed prior to the 1988 repeal and reenactment of the rules of juvenile procedures relevant cases construing that provision have been included in the annotations to this rule. Must prove juvenile’s age even if not spe- cifically denied in pleadings. Where the peti- tion in delinquency states the respondent’s age and the responsive pleading does not deny the asserted age, although section 19-3-106 and this rule specify that ‘‘jurisdictional matters of the age and residence of the child shall be deemed admitted unless specifically denied’’, the juve- nile-defendant’s age is not thereby admitted, and it is necessary to present evidence specifi- cally on that issue. People in Interest of M.M., 41 Colo. App. 44, 582 P.2d 692 (1978). Section not superseded by statutory proce- dure for waiving jurisdiction. This section is not superseded by the special statutory proce- dure provided in section 19-3-106(4)(b), C.R.S. 1973 (1978 Repl. V ol. 8), for waiving jurisdic- tion of the juvenile court. People v. District Court, 199 Colo. 197, 606 P.2d 450 (1980). Denial of request for waiver of jurisdiction to district court upheld. In the absence of good cause to support the late filing by the people of a request for waiver of jurisdiction to the district court for criminal proceedings, the court is within its authority in denying the mo- tion. People v. District Court, 199 Colo. 197, 606 P.2d 450 (1980).