Rule 21.03 - Appeal by ChildSubdivision 1. Right of Appeal. A child may appeal as of right from an adverse final order and certain non-final orders, as enumerated in Rule 21.03, subdivisions 1(A) and (B). In addition, a child shall be permitted to seek a discretionary appeal as provided for in Minnesota Rules of Criminal Procedure 28.02, subdivision 3. A motion for a new trial is not necessary in order to appeal.
(A)Final Orders. Final orders include orders for: (1) certification to adult court, whether the order is entered or stayed pursuant to Rule 21.03, subdivision 3;(2) continuance without adjudication and disposition in delinquency proceedings;(3) adjudication and disposition in delinquency proceedings;(4) adjudication and disposition in juvenile petty or juvenile traffic offender proceedings;(5) denial of motion for new trial;(6) extended jurisdiction juvenile prosecution designation, whether the order is entered or stayed pursuant to Rule 21.03, subdivision 3;(7) conviction, disposition, and sentencing of an extended jurisdiction juvenile;(8) an order, on the prosecuting attorney's motion, finding the child incompetent, if the underlying offense would be a felony or a gross misdemeanor if the offense were committed by an adult;(9) an order modifying a disposition;(10) an order revoking probation including an order adjudicating a child delinquent after the child was granted a continuance without adjudication;(11) an order revoking extended jurisdiction juvenile status; and(12) an order revoking the stay of the adult sentence of an extended jurisdiction juvenile.(B)Non-Final Orders. A child may appeal from the following non-final orders: (1) an order refusing or imposing conditions of release; and(2) an order granting a new trial when a child's motion for acquittal is denied, if the underlying offense would be a felony or a gross misdemeanor if the offense were committed by an adult. Subd. 2. Procedure for Appeals.
(A)Orders Revoking Extended Jurisdiction Juvenile Status and Orders Revoking the Stayed Adult Sentence of an Extended Jurisdiction Juvenile. Probationer appeals under Rule 21.03, subdivision 1(A)(11) and (12) shall be governed by the procedure provided for appeal from a sentence by Minnesota Rules of Criminal Procedure 27.04, subdivision 3(4) and 28.05.(B)All Other Appealable Orders. All other juvenile appeals shall proceed as follows: (1)Time for Taking an Appeal. An appeal shall be taken within thirty (30) days after service of the notice of filing of the appealable order upon the child's counsel by the court administrator as provided in Rule 28.(2)Notice of Appeal and Filing. The appellant shall file the following documents with the clerk of the appellate courts:(a) a notice of appeal naming the party taking the appeal, identifying the order being appealed, and listing the names, addresses, and telephone numbers of all counsel;(b) proof of service of notice of appeal on the adverse party, the district court administrator, and the court reporter;(c) a copy of the judgment or order appealed from; and(d) the statement of the case as provided for by Minnesota Rules of Civil Appellate Procedure 133.03. When the disposition is ordered in a county other than the one in which the child pled guilty or was found to have committed the offense(s), the appellant shall serve notice of appeal on the prosecuting attorney, court administrator and court reporter in the county where the child pled guilty or was found to have committed the offense(s) as well as the prosecuting attorney, court administrator, and court reporter where the disposition was ordered. Proof of service of notice of appeal on all of these persons shall be filed with the clerk of the appellate courts.
Whether a filing fee is required shall be determined pursuant to Minnesota Rules of Civil Appellate Procedure 103.01, subdivision 3. A cost bond is not required.
Except for the timely filing of the notice of appeal, if a party fails to comply with these rules, the validity of the appeal may not be affected except as deemed appropriate by the court of appeals.
(3)Transcript of Proceedings and Transmission of the Transcript and Record. The Minnesota Rules of Civil Appellate Procedure shall govern the transcription of the proceedings and the transmission of the transcription and record to the court of appeals except as modified here:(a) Within ten (10) days of filing the notice of appeal, appellant shall order the necessary transcript and notify the court reporter that the transcript is due within thirty (30) days of the court reporter's receipt of the appellant's request for transcript.(b) For parties represented by the state public defender, payment for transcripts will be made after receipt of the transcripts.(c) If the parties have stipulated to the accuracy of a transcript of video or audio exhibits and made the transcript part of the district court record, it becomes part of the record on appeal, and it is not necessary for the court reporter to transcribe the exhibits. If no such transcript exists, a transcript need not be prepared unless expressly requested by the appellant or the respondent. If the exhibit must be transcribed, the court reporter need not certify the correctness of this transcript.(4)Briefs. The Minnesota Rules of Civil Appellate Procedure shall govern the form and filing of briefs except as modified here: (a) Extended Jurisdiction Juvenile and Certification Determinations.(i) The appellant shall serve and file the appellant's brief and addendum within thirty (30) days after delivery of the transcript by the reporter. If the transcript is obtained prior to appeal or if the record on appeal does not include a transcript, then the appellant shall serve and file the appellant's brief and addendum within thirty (30) days after the filing of the notice of appeal.(ii) The appellant's brief shall contain a statement of the procedural history.(iii) The respondent shall serve and file the respondent's brief and addendum, if any, within thirty (30) days after service of the brief of appellant.(iv) The appellant may serve and file a reply brief within fifteen (15) days after service of the respondent's brief.(b) Briefs For Cases Other Than Extended Jurisdiction Juvenile and Certification Determinations. (i) The appellant shall serve and file the appellant's brief and addendum within forty-five (45) days after delivery of the transcript by the reporter. If the transcript is obtained prior to appeal or if the record on appeal does not include a transcript, then the appellant shall serve and file the appellant's brief and addendum within forty-five (45) days after the filing of the notice of appeal.(ii) The appellant's brief shall contain a statement of the procedural history.(iii) The respondent shall serve and file the respondent's brief and addendum, if any, within thirty (30) days after service of the brief of appellant.(iv) The appellant may serve and file a reply brief within fifteen (15) days after service of the respondent's brief.Subd. 3. Stay Pending Appeal.
(A)Generally. Pending an appeal, a stay may be granted by the juvenile court or the court of appeals. A motion for stay initially shall be presented to the juvenile court. In cases certified to adult court, if a stay was granted by the juvenile court, the district court shall stay further adult criminal proceedings pending the filing of a final decision on appeal. By agreement of the parties, the adult case may proceed through the omnibus hearing.
If a stay is granted conditions of release must be set pursuant to Rule 21.03, subdivision 4(B).
(B)Placement Pending Appeal.(1) Upon Certification. If the district court determines that a certified child should be detained, placement pending appeal shall be governed by Minnesota Rules of Criminal Procedure 6.02, and detention in an adult facility shall be presumed.(2) Other Cases. If the child is detained, the reasons for the place of detention must be stated on the record, and the detention must comply with Minnesota Statute, section 260B.176. Subd. 4. Release of Child. (A) Motion for Release Pending Appeal. When release is not addressed in the motion for a stay, application for release pending appeal shall be made to the trial court. If the trial court refuses to release a child pending appeal, or imposes conditions of release, the trial court shall state the reasons on the record. Thereafter, if an appeal is pending, a motion for release or for modification of the conditions of release pending review may be made to the court of appeals. The motion shall be determined upon such documents and portions of the record as the parties shall present. The court of appeals may order the release of a child with or without conditions, pending disposition of the motion. The motion shall be determined on an expedited basis.
(B)Conditions of Release. Minnesota Rules of Criminal Procedure 6.02 shall govern conditions of release upon certification. If a stay is granted under Rule 21.03, subdivision 3 of this rule, Minnesota Statute, section 260B.176 shall govern conditions of release. The child has the burden of proving that the appeal is not frivolous or taken for delay and that the child does not pose a risk for flight, is not likely to commit a serious crime, and is not likely to tamper with witnesses. The trial court shall make written findings on each of the above factors. The trial court shall take into consideration that: (1) the child may be compelled to serve the sentence or disposition imposed before the appellate court has an opportunity to decide the case; and(2) the child may be confined for a longer time pending the appeal than would be possible under the potential sentence or disposition for the offense charged.(C)Credit for Time Spent in Custody. The time a child is in custody pending an appeal may be considered by the trial court in determining the disposition imposed in juvenile proceedings.Amended effective 1/1/2011; amended April 22, 2015, effective 7/1/2015.