MINNESOTA COURT RULES

JUVENILE COURT

RULES OF JUVENILE PROTECTION PROCEDURE

Rule 9. ORDERS

Rule 9.01. Written or Oral Orders; Timing

Court orders may be written or stated on the record. An order stated on the record shall also be reduced to writing by the court. All orders shall be filed with the court administrator within 15 days of the conclusion of the testimony, unless the court finds that a 15-day extension is required in the interests of justice or the best interests of the child. Each order issued following a hearing shall include the name and contact information of the court reporter. Failure to include the court reporter contact information does not extend the timeline for appeal. An order shall remain in full force and effect pursuant to law or until the first occurrence of one of the following:

(a) issuance of an inconsistent order; or

(b) the order ends pursuant to its terms.

Rule 9.02. Immediate Effect of Oral Order

Unless otherwise ordered by the court, an order stated on the record shall be effective immediately.

Rule 9.03. Method and Timing of Service; Persons to be Served

Subdivision. 1. Persons to be Served and Method of Service.

Service of court orders shall be made by the court administrator upon each party, county attorney, and such other persons as the court may direct, and may be made by personal service at the hearing, by U.S. mail, through the E-Filing System, by e-mail, or other electronic means agreed upon in writing by the person to be served, or as otherwise directed by the court. Except as otherwise provided in Rule 23.02, subd. 2, if a party is represented by counsel, delivery or service shall be upon counsel.

Subd. 2. Service Not Required.

If service of the summons was by publication and the person has not appeared either personally or through counsel, service of court orders upon the person is not required.

Subd. 3. Timing of Service.

Service of the order by the court administrator shall be accomplished within five days of the date the judicial officer delivers the order to the court administrator. In a permanency or termination of parental rights matter, service by the court administrator of the findings and order terminating parental rights or establishing other permanency for the child shall be accomplished within three days of the date the judicial officer delivers the order to the court administrator.

Subd. 4. Notification to Family Court.

If a parentage matter is pending in family court regarding a child who is the subject of a juvenile protection matter, the court administrator shall send notification to the family court administrator and the assigned family court judicial officer of the filing of an order listed in Rule 24.06.

Rule 9.04. Notice of Filing of Order

Each order served upon the parties and the county attorney shall be accompanied by a notice of filing of order, which shall include notice of the right to appeal a final order pursuant to Rule 23.02. The State Court Administrator shall develop a "notice of filing" form which shall be used by court administrators.

2019 Advisory Committee Comment

Rule 9 is amended in 2019 as part of a revision of the Rules of Juvenile Protection Procedure. The amendments to Rule 9 are not intended to substantively change the rule's meaning. Rule 9 was formerly codified as Rule 10.

Rule 9.01 requires each order issued following a hearing to include the name and contact information of the court reporter. This allows easy identification of court reporters for the purpose of timely requesting transcripts for purposes of appeal.

The phrase "send notification" in Rule 9.03, subd. 4 is intended to permit flexibility at the local level in determining the "notification" used to alert both the "family court administrator" and the "assigned family court judicial officer" that the juvenile protection matter has progressed to the point where the parentage matter may be completed. It is not intended to require formal legal notice as that term is used in Rules 44 and 61 in regard to ensuring parties or participants have notice of hearings or as used in Rule 9.03 in regard to notice of filing of an order. Court administration may use any reasonable means of letting family court know the parentage matter may be completed.