Minn. R. Juv. P. 23.05

As amended through October 28, 2024

Rule 23.05 - Review

Subdivision 1. Generally. A matter which has been decided by a referee may be reviewed in whole or in part by a judge.

Subd. 2. Filing. A motion for a review by a judge must be filed with the court within ten (10) days after the referee's findings and recommendations have been provided to the child, child's counsel, prosecuting attorney, child's parents, legal guardian or legal custodian and their counsel pursuant to Rule 28.

Subd. 3. Right of Review Upon Filing of Timely Motion.

(A)Right of Child. The child is entitled to a review by a judge in any matter upon which a referee has made findings or recommendations.

(B)Right of Prosecuting Attorney. The prosecuting attorney is entitled to a review by a judge from any pre-trial findings or recommendations of a referee. The prosecuting attorney is not entitled to a review on any pretrial findings by a judge after jeopardy has attached.

(C)Right of Parent(s), Legal Guardian or Legal Custodian. The child's parent(s), legal guardian or legal custodian are entitled to a review by a judge of a referee's findings or recommendations made after the allegations of a charging document have been proved.

Subd. 4. The Court. The judge may grant a review at any time before confirming the findings and recommendation of the referee.

Subd. 5. Procedure. A review by a judge may be of the verbatim record or de novo in whole or in part.

Minn. R. Juv. P. 23.05