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JUVENILE COURT

Minnesota Rules of Juvenile Delinquency Procedure

Minnesota Rules of Juvenile Delinquency Procedure

Rules effective May 1, 1983
With amendments effective through September 1, 2018

TABLE OF HEADNOTES

Delinquency, Juvenile Petty Offenses and Juvenile Traffic Offenses

Rule 1. Scope, Application and General Purpose
1.01Scope and Application
1.02General Purpose
Rule 2. Attendance at Hearings and Privacy
2.01Right to Attend Hearing
2.02Exclusion of Persons Who Have a Right to Attend Hearings
2.03Presence Required
2.04Right to Participate
2.05Ex Parte Communications
Rule 3. Right to Counsel
3.01Generally
3.02Appointment of Counsel
3.03Dual Representation
3.04Waiver of Right to Counsel
3.05Renewal of Advisory
3.06Eligibility for Court Appointed Counsel at Public Expense
3.07Right of Parent(s), Legal Guardian(s), Legal Custodian(s) and Guardian Ad Litem to Counsel
3.08Certificates of Representation
Rule 4. Warrants
4.01Search Warrants Upon Oral Testimony
4.02Search Warrants Upon Written Application
4.03Warrants for Immediate Custody
Rule 5. Detention
5.01Scope and General Principles
5.02Definitions
5.03Detention Decision
5.04Release or Continued Detention
5.05Detention Reports
5.06Identification Procedures
5.07Detention Hearing
5.08Detention Review
Rule 6. Charging Document
6.01Generally
6.02Citation
6.03Petition
6.04Amendment
6.05Probable Cause
6.06Procedure on Filing a Charging Document with the Court
6.07Dismissal by Prosecuting Attorney
6.08Dismissal by Court
Rule 7. Arraignment
7.01Application
7.02Generally
7.03Timing
7.04Hearing Procedure
Rule 8. Pleas
8.01Application
8.02Generally
8.03Plea of Not Guilty Without Appearance
8.04Plea of Guilty
Rule 9. Settlement Discussions and Plea Agreements
9.01Generally
9.02Relationship Between the Child and the Child's Counsel
9.03Disclosure of Settlement Agreement
9.04Settlement Discussions and Agreements Not Admissible
Rule 10. Discovery
10.01Scope and Application
10.02Evidence and Identification Disclosure
10.03Notice of Additional Offenses
10.04Disclosure by Prosecuting Attorney
10.05Disclosure by Child
10.06Regulation of Discovery
10.07Taking Depositions
Rule 11. Pretrial Conference
11.01Timing
11.02Evidentiary and Other Issues
Rule 12. Omnibus Hearing
12.01Scheduling of Omnibus Hearing
12.02Scheduling of Trial
Rule 13. Trials
13.01Purpose and Application
13.02Commencement of Trial
13.03Trial
13.04Evidence
13.05Use of Depositions at Trial
13.06Standard of Proof
13.07Joint Trials
13.08Joinder and Severance of Offenses
13.09Findings
13.10Further Proceedings
Rule 14. Continuance for Dismissal
14.01Agreements Permitted
14.02Court Approval; Filing of Agreement; Release
14.03Modification of Agreement
14.04Termination of Agreement; Resumption of Proceedings
14.05Emergency Order
14.06Release Status Upon Resumption of Delinquency, Juvenile Petty or Juvenile Traffic Proceedings
14.07Termination of Agreement; Dismissal
14.08Termination and Dismissal Upon Showing of Rehabilitation
14.09Modification or Termination and Dismissal Upon Child's Motion
14.10Court Authority to Dismiss
Rule 15. Delinquency Disposition
15.01Generally
15.02Timing
15.03Predisposition Reports
15.04Hearing
15.05Dispositional Order
15.06Informal Review
15.07Probation Violation
15.08Other Modifications
Rule 16. Post-Trial Motions
16.01Post-Trial Motions
16.02Motion to Vacate the Finding that the Allegations of the Charging Document are Proved
16.03Joinder of Motions
16.04New Trial on Court's Own Motion
16.05Orders
Rule 17. Juvenile Petty Offender and Juvenile Traffic Offender
17.01Scope, Application and General Purpose
17.02Right to Counsel
17.03Warrants
17.04The Charging Document and Notice of Arraignment
17.05Arraignment
17.06Pleas
17.07Discovery
17.08Pretrial and Omnibus Hearing
17.09Adjudication and Disposition
17.10Transfer to Adult Court of Juvenile Traffic Matter
17.11Child Incompetent to Proceed
Rule 18. Certification of Delinquency Matters
18.01Application
18.02Initiation of Certification Proceedings of Delinquency Matters
18.03Notice of Certification
18.04Certification Study
18.05Hearing
18.06Certification Determination
18.07Order
18.08Termination of Jurisdiction Upon Certification
18.09Withdrawal of Waiver of Certification Hearing
Rule 19. Extended Jurisdiction Juvenile Proceedings and Prosecution
19.01Initiation of Extended Jurisdiction Juvenile Proceedings and Prosecution
19.02Notice of the Extended Jurisdiction Juvenile Proceeding
19.03Extended Jurisdiction Juvenile Study
19.04Hearings on Extended Jurisdiction Juvenile Proceedings
19.05Public Safety Determination
19.06Extended Jurisdiction Juvenile Prosecution Determination
19.07Order
19.08Withdrawal of Waiver of Extended Jurisdiction Juvenile Hearing
19.09Extended Jurisdiction Juvenile Prosecution and Procedure for Seeking an Aggravated Adult Criminal Sentence
19.10Disposition
19.11Revocation
Rule 20. Child Incompetent to Proceed and Defense of Mental Illness or Cognitive Impairment
20.01Proceeding When Child is Believed to be Incompetent
20.02Defense of Mental Illness or Cognitive Impairment at the Time of the Offense
20.03Simultaneous Examinations
Rule 21. Appeals
21.01Generally
21.02Proceedings in Forma Pauperis
21.03Appeal by Child
21.04Appeal by Prosecuting Attorney
21.05Appeal by Parent(s), Legal Guardian or Legal Custodian of the Child
21.06Certified Questions to the Court of Appeals
21.07Time for Issuance of Decision
Rule 22. Substitution of Judge
22.01Before or During Trial
22.02After Verdict or Finding of Guilt
22.03Notice to Remove
22.04Assignment of New Judge
Rule 23. Referee
23.01Authorization to Hear Cases
23.02Objection to Assignment of Referee
23.03Notice to Remove a Particular Referee
23.04Transmittal of Findings
23.05Review
23.06Order of the Court
Rule 24. Guardian Ad Litem
24.01Appointment
24.02General Responsibilities of Guardians Ad Litem
24.03Guardian Ad Litem Not Counsel for Child
Rule 25. Notice
25.01Summons, Notice in Lieu of Summons, Oral Notice on the Record, Service by Electronic Transmission and Notice by Telephone
25.02Content
25.03Procedure for Notification
25.04Waiver
Rule 26. Subpoenas
26.01Motion or Request for Subpoenas
26.02Expense
Rule 27. Motions
27.01Motions to be Signed
27.02Service of Motions
Rule 28. Notice of Orders or Judgments
Rule 29. Recording
29.01Procedure
29.02Availability of Transcripts
29.03Expense
Rule 30. Records
30.01Generally
30.02Availability of Juvenile Court Records
Rule 31. Timing
31.01Computation
31.02Additional Time After Service by Mail
Rule 32. Electronic Service, Filing, and Signature
32.01Service
32.02Filing
32.03Signature

Juvenile Delinquency Forms

Introductory Statement
1.[Deleted]
2.Notice of the Rights of Victims in Juvenile Court
3.Notice in Lieu of Summons
4.Summons
5.Prosecutor's Request for Disclosure
6.Prosecutor's Notice of Evidence and Identification Procedures
7.Petition to Proceed Pro Se in Juvenile Delinquency Proceeding
8.Statement of Rights: Juvenile Delinquency Proceedings
9.Statement of Rights: Juvenile Petty Offender Proceedings
10.Statement of Rights: Juvenile Traffic Offender Proceedings
11.Statement of Rights: Juvenile Probation Revocation
12.Waiver of Right to Contested Hearing in an Extended Jurisdiction Juvenile Case
13.Waiver of Right to Contested Hearing in a Non-Presumptive Certification Case
14.Waiver of Right to Contested Hearing in a Presumptive Certification Case
15.Petition to Enter Plea of Guilty in an Extended Jurisdiction Juvenile Case
16.Petition to Enter Plea of Guilty in a Juvenile Delinquency Matter
17.EJJ Adult Stayed Sentence

INDEX