Minn. Juve. Prot. P. 23.02

As amended through October 28, 2024
Rule 23.02 - Procedure
Subd.1. Appealable Order. An appeal may be taken by the aggrieved person from a final order of the juvenile court affecting a substantial right of the aggrieved person.
Subd. 2. Timing of Filing Notice of Appeal. Any appeal shall be taken within 20 days of the service of notice by the court administrator of the filing of the court's order. In the event of the filing and service of a timely and proper post-trial motion under Rule 21, or motion for relief under Rule 22 if the motion is filed within the time specified in Rule 21.01, subd. 1, the provisions of Minnesota Rules of Civil Appellate Procedure Rule 104.01, subds. 2 and 3, apply, except that the time for appeal runs for all parties from the service of notice by the court administrator of the filing of the order disposing of the last post-trial motion. Where the court administrator serves notice of the filing of the order on both a represented party and that party's attorney, the time for appeal shall begin to run once both the represented party and the party's attorney have been served, regardless of the method of service. Where the order expressly discharges trial counsel, the time for appeal shall begin to run once the party formerly represented by trial counsel has been served.
Subd. 3. Service and Filing of Notice of Appeal. Within the time allowed for an appeal, as provided in subdivision 2, the party appealing shall:
(a) serve a notice of appeal upon the county attorney and all parties or their counsel if represented, including notice of the correct case caption pursuant to Rule 8.08; and
(b) file with the clerk of appellate courts a notice of appeal, together with proof of service upon all parties, including notice of the correct case caption pursuant to Rule 8.08.

A notice of appeal shall be accompanied by a copy of the request for transcript required by subdivision 5.

Subd. 4. Notice to Court Administrator. At the same time as the appeal is filed, the appellant shall provide notice of the appeal to the court administrator. Failure to notify the court administrator does not deprive the court of appeals of jurisdiction.
Subd. 5. Request for Transcript. At or before the time for serving the notice of appeal, the appellant shall serve on the court reporter a written request for a transcript. At the same time, the appellant shall also provide the court reporter with a signed Certificate as to Transcript, which the court reporter shall sign and file with the clerk of appellate courts, with a copy to the trial court, unrepresented parties, and counsel of record, within 10 days of the date the transcript was ordered.
Subd. 6. Failure to File Proof of Service. Failure to file proof of service of the notice of appeal does not deprive the court of appeals of jurisdiction over the appeal, but is grounds only for such action as the court of appeals deems appropriate, including a dismissal of the appeal.
Subd. 7. Notice to Legal Custodian. The court administrator shall notify the child's legal custodian of the appeal. Failure to notify the legal custodian does not affect the jurisdiction of the court of appeals.
Subd. 8. Timing of Briefs. Rule 131.01 of the Rules of Civil Appellate Procedure applies to the timing of briefs in juvenile protection matters, except that the respondent shall serve and file a brief and any addendum within 20 days after service of the brief of the appellant; within 20 days after service of the last appellant's brief, if there are multiple appellants; or within 20 days after delivery of a transcript ordered by respondent pursuant to Civil Appellate Procedure Rule 110.02, subd. 1, whichever is later.

Minn. Juve. Prot. P. 23.02

Amended 9/1/2019.