Rule 16.01 - Post-trial MotionsSubdivision 1. Grounds. The court, on written motion of the child's counsel, may grant a new trial on any of the following grounds:
(A) if required in the interests of justice;(B) irregularity in the proceedings of the court or in any court order or abuse of discretion by the court, if the child was deprived of a fair trial;(C) misconduct of the prosecuting attorney;(D) accident or surprise which could not have been prevented by ordinary prudence;(E) material evidence, newly discovered, which with reasonable diligence could not have been found and produced at the trial;(F) errors of law occurring at the trial and objected to at the time or, if no objection is required, assigned in the motion; or(G) the finding that the allegations of the charging document are proved is not justified by the evidence or is contrary to law; or(H) ineffective assistance of child's counsel. Subd. 2. Basis of Motion. A motion for a new trial shall be made and heard on the files, exhibits and minutes of the court. Pertinent facts that would not be a part of the minutes may be shown by affidavit or written statement signed under penalty of perjury pursuant to Minnesota Statutes, section 358.116, except as otherwise provided by these rules. A full or partial transcript of the court reporter's notes of the testimony taken at the trial or other verbatim recording thereof may be used on the hearing of the motion.
Subd. 3. Time for Motion.
(A)Generally. Notice of a motion for a new trial shall be served within fifteen (15) days after the court's specific findings are made pursuant to Rule 13.09. The motion shall be heard within thirty (30) days after the court's specific findings are made pursuant to Rule 13.09 unless the time for the hearing is extended by the court for good cause shown within the thirty (30) day period.(B)New Evidence. Notice of a motion for a new trial based on new evidence shall be served and filed within fifteen (15) days of the filing of the court's order for adjudication and disposition. The motion shall be heard within fifteen (15) days of the filing of the notice of motion for new trial. Upon a showing that new evidence exists, the court shall order that a new trial be held within thirty (30) days, unless the court extends this time period for good cause shown within the thirty (30) days. Subd. 4. Time for Serving Affidavits. When a motion for new trial is based on affidavits or written statements signed under penalty of perjury pursuant to Minnesota Statutes section358.116, they shall be served with the notice of motion. The prosecuting attorney shall have ten (10) days after such service in which to serve responsive documents. The period may be extended by the court upon an order extending the time for hearing under this rule. The court may permit reply documents.
Amended effective 1/1/2011; amended April 22, 2015, effective 7/1/2015.