Superior Court of the Virgin Islands
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Rules Governing the
Superior Court of the Virgin Islands

Rule 81. Definitions

As used in these rules of procedure in the juvenile and domestic relations division:

(a) "Oath" shall include affirmations.

(b) "Child" shall be taken to apply to any person under the age of 18 years.

(c) "Adult" shall be construed to apply to any person of the age of 18 years or over.

(d) "Juvenile Causes" shall include any proceeding originating through a complaint to the court alleging that any child is within the jurisdiction of the juvenile and domestic relations division of the court under section 172 of Title 4 of the Virgin Islands Code.

(e) "Adult Causes" shall include any proceeding originating through a complaint alleging that any adult is within the jurisdiction of the juvenile and domestic relations division of the court under section 173 of Title 4 of the Virgin Islands Code.

(f) "Hearing" shall include any proceeding in a juvenile or adult cause before a judge of this court, whether summary or by the examination of plaintiff and defendant or offender and such witnesses as may be procured.

(g) "Trial" shall be construed as any proceeding in an adult cause before the court.--Amended May 28, 1957; May 27, 1965.

Explanatory Notes

Change of name of juvenile and domestic relations division. Act Sept. 24, 1983, No. 4855, ' 1, Sess. L. 1983, p. 138, repealed former Chapter 11 of Title 4 of the Virgin Islands Code, which established the juvenile and domestic relations division, and added a new Chapter 11, relating to the family division.

References in text. Former section 173 of Title 4 of the Virgin Islands Code, relating to jurisdiction of persons 18 years of age or over, was repealed by Act Sept. 24, 1983, No. 4855, ' 1, Sess. L. 1983, p. 138. Present section 173 governs retention of jurisdiction.

Case Notes

Construction with other laws

The Federal Juvenile Delinquency Act, 18 U.S.C. ' 5031 et seq., does not apply to the Territorial Court; however, a similar statutory structure for juvenile proceedings, separate and distinct from adult criminal proceedings, is established for the Territorial Court by 4 V.I.C. ' 172 et seq., 5 V.I.C. ' 2501 et seq., and 5 V.I.C. App. IV, Rs. 81-98. In re Marvin A., Terr. Ct. St. T. and St. J. 1980, 17 V.I. 102.

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