Minn. Juve. Prot. P. 12.08

As amended through October 28, 2024
Rule 12.08 - Failure to Appear

If any person personally served with a subpoena fails, without reasonable cause, to appear or bring the child if ordered to do so, or if the court has reason to believe the person is avoiding personal service, the court may sua sponte or upon the motion of a party or the county attorney proceed against the person for civil contempt of court pursuant to Rule 13 or the court may issue a warrant for the person's arrest, or both. When it appears to the court that service will be ineffectual, or that the welfare of the child requires that the child be immediately brought into the custody of the court, the court may issue a warrant for immediate custody of the child.

Minn. Juve. Prot. P. 12.08

Amended 9/1/2019.

2019 Advisory Committee Comment

Rule 12 is amended in 2019 as part of a revision of the Rules of Juvenile Protection Procedure. Rule 12 was formerly codified as Rule 13.

Rule 12.01 is amended to allow attorneys to issue subpoenas as officers of the court. This is consistent with modern practices in civil and criminal cases in Minnesota's state courts. Minn. R. Civ. P. 45.01(c); Minn. R. Crim. P. 22.02, subd. 2. The committee believes allowing attorneys to issue subpoenas as officers of the court will eliminate an unnecessary administrative burden for attorneys and court administration staff. Rule 12.01 retains the language that the court administrator shall issue subpoenas upon request by a party or the county attorney. Participants do not have the right to the issuance of subpoenas in juvenile protection cases unless they obtain party status. Minn. R. Juv. Prot. P. 32.02(g) (right of parties to subpoena witnesses); Minn. R. Juv. Prot. P. 33.02, subd. 1 (list of rights of participants does not include subpoenaing witnesses).