Minn. Juve. Prot. P. 23.07
A petition for review shall be filed with the clerk of the appellate courts and served upon the parties within 15 days of the filing of the court of appeals' decision, and any response to such petition shall be filed with the clerk of appellate courts and served upon the parties within 10 days of service of the petition. The petition for review shall in all other respects be in accordance with Rule 117 of the Rules of Civil Appellate Procedure.
Minn. Juve. Prot. P. 23.07
2019 Advisory Committee Comment
Rule 23 is amended in 2019 as part of a revision of the Rules of Juvenile Protection Procedure. The rule was formerly codified as Rule 47. The amendments are not intended to substantively change the rule's meaning.
Minn. Stat. § 260C.415 provides that an appeal may be taken "within 30 days of the filing of the appealable order," and "as in civil cases." The timing provisions of Rule 23.02, subd. 2 are a departure from this statute and from the Rules of Civil Appellate Procedure. Significantly, Rule 23.02, subd. 2 shortens the appeal deadline from 30 to 20 days. This change was made in 2009 to expedite the process based on federal standards for permanency timelines and best practices. In re R.K., 901 N.W.2d 156, 162 n.8 (Minn. 2017). The provisions of Rule 23.02 govern over the conflicting statute. In re J.R., Jr., 655 N.W.2d 1, 3 (Minn. 2003). The timing provisions of Rule 23.07 are a departure from the Rules of Civil Appellate Procedure and shorten the deadline for filing a petition with the Supreme Court from 30 to 15 days, and responding to the petition from 20 to 10 days.
Rules 9.03, subd. 1, and 23.02, subd. 2, are amended to make it clear that where the court administrator serves notice of the filing of an order on a party represented by an attorney and on that party's attorney, time begins to run for purposes of appeal when the attorney has been served. This amendment is intended to remove any ambiguity created by the service of a "courtesy" copy of an order directly on the represented party. That potential ambiguity was noted by the Minnesota Supreme Court in In re R.K., 901 N.W.2d 156 (Minn. 2017). A party is represented by an attorney following appearance of the attorney and at all times until the attorney is either replaced by substitution of a new attorney or the attorney withdraws in accordance with Minn. Gen. R. Prac. 105 and Minn. R. Prof. Cond. 1.16, or the attorney's representation is discharged by Rule 36.05 or by order of the court. See, e.g., In re K.M. and T.R., 919 N.W.2d 701 (Minn. Ct. App. 2018).