15.2Amendment of Petition for Purposes of Designating Case

“The prosecuting attorney may, by right,[1] amend the petition . . . during the preliminary hearing[]” to designate the case (if the petition alleges a specified juvenile violation) or to request the court to designate the case (if the petition alleges an offense other than a specified juvenile violation). MCR 3.951(A)(3)(a); MCR 3.951(B)(3)(a).

If the prosecuting attorney does not amend the petition during the preliminary hearing, he or she “may request leave of the court to amend the petition to designate [or to request the court to designate] the case no later than the pretrial hearing or, if there is no pretrial hearing, at least 21 days before trial, absent good cause for further delay.” MCR 3.951(A)(3)(b); MCR 3.951(B)(3)(b). The court may permit the prosecutor to amend the petition to designate the case or to request the court to designate the case “as the interests of justice require.” MCR 3.951(A)(3)(b); MCR 3.951(B)(3)(b).

1    However, see MCL 712A.2d(1), which states that “[a]n amended petition making a designation [for trial in the same manner as an adult for an alleged specified juvenile violation] must be filed only by leave of the court.” See Section 6.1(F) and Section (A).