MINNESOTA COURT RULES

MISCELLANEOUS

Special Rules of ProcedureGoverning Proceedings Under theMinnesota Commitment and Treatment Acts

Rule 2.Computation of Time

Except as provided by these Special Rules, the Minnesota Rules of Civil Procedure govern the computation of any time periods prescribed by Minnesota Statutes, chapter 253B or 253D. If a respondent is represented by an attorney, whenever an act is required within a certain time after a written demand or service of a document upon a party or entity other than the court, time shall begin to run once both the party and the parties' attorneys have received notice of the document, regardless of the method of service, and shall not include weekends and holidays. The 72-hour absence that triggers missing respondent procedures under Minnesota Statutes, section 253B.141, subdivision 1, commences when the respondent was due to return to the facility and includes weekends and holidays.

(Amended effective September 18, 2013.)

Advisory Committee Comment - 1999

These rules contemplate that service may be effected personally, by mail, or by fax. There are instances in the statute when a notice or a report does not need to be "given" to an attorney. The rule ensures that the attorneys know the basis of any hearing scheduled by the court upon receipt of a filed document. When a party requests a hearing after notice that the treatment center or designated agency intends to take some action (as in the case of revocation of provisional discharge), this rule expands the period of time if the notice was mailed to the attorneys. If the notice was faxed, the time to request the hearing is not expanded.