Section 725.05. Order of removal  


Latest version.
  • When  a court directs that an action or charge is to be removed to the
      family court the court must issue an order of removal in accordance with
      this section.  Such order must be as follows:
        1.  It must provide that the action or charge is to be removed to  the
      family  court  of the county in which such action or charge was pending,
      and it must specify  the  section  pursuant  to  which  the  removal  is
      authorized.
        2.    Where  the  direction is authorized pursuant to paragraph (b) of
      subdivision three of section 180.75 of this chapter, it must specify the
      act or acts it found reasonable cause to believe the defendant did.
        3.  Where the direction is authorized pursuant to subdivision four  of
      section 180.75 of this chapter, it must specify the act or acts it found
      reasonable cause to allege.
        4.    Where  the direction is authorized pursuant to section 190.71 of
      this chapter, the court shall annex to  the  order  as  part  thereof  a
      certified copy of the grand jury request.
        4-a.   Where the direction is authorized pursuant to subdivision seven
      of section 210.30 of this chapter, it must specify the act or  acts  for
      which there was sufficient evidence to believe that defendant did.
        5.    Where  the  direction  is authorized pursuant to section 220.10,
      310.85 or 330.25 of this chapter, it must specify the act  or  acts  for
      which a plea or verdict of guilty was rendered or accepted and entered.
        6.    Where  a  securing order has not been made, the order of removal
      must provide that the police officer  or  peace  officer  who  made  the
      arrest  or  some  other proper officer forthwith and with all reasonable
      speed take the juvenile to the designated family court  or,  where  that
      cannot  be  done,  it  must provide for release or detention in the same
      manner as provided for a family court  proceeding  pursuant  to  section
      320.5 of the family court act.
        7.    Whether  or  not  a  securing  order has been made, the order of
      removal must specify a date certain within ten days from the date of the
      order of removal for the defendant's appearance in the family court  and
      where  the  defendant  is  in detention or in the custody of the sheriff
      that date must be not later than the next day the  family  court  is  in
      session.
        8.    The  order  of removal must direct that all of the pleadings and
      proceedings in the action, or a certified copy of same be transferred to
      the designated family court and be delivered to and filed with the clerk
      of that court.  For the purposes of this subdivision the term "pleadings
      and proceedings" includes the minutes of any hearing  inquiry  or  trial
      held  in  the  action,  the minutes of any grand jury proceeding and the
      minutes of any plea accepted and entered.
        9.  The order of removal must be signed by a judge or justice  of  the
      court that directed the removal.