Minn. R. Juv. P. 25.03

As amended through October 28, 2024

Rule 25.03 - Procedure for Notification

Subdivision 1. First Notice. After a charging document has been filed, the court administrator shall schedule a hearing as required by these rules. A notice in lieu of summons shall be served by first class mail, or electronically transmitted as authorized by the State Court Administrator, on the following:

(A) child and parent(s) or person(s) with custody of the child; and

(B) child's counsel, prosecuting attorney, spouse of child and their counsel.

The court may waive notice to the parent(s), legal guardian, legal custodian, or spouse of the child if it would be in the child's best interest to proceed without their presence.

Subd. 2. Personal Service. If the child and/or parent(s) fail to appear in response to one or more notices in lieu of summons served by mail or electronic transmission, a summons may be served personally in the manner provided by Minnesota law. The summons shall advise the person served that a failure to appear may result in the court issuing a warrant for arrest.

Subd. 3. Warrant for Arrest or Immediate Custody. A warrant for arrest or immediate custody may by issued by the court for a child or parent(s) who fail to appear in response to a summons which has been personally served or where reasonable efforts at personal service have been made.

Subd. 4. Timing. A summons shall be personally served at least five (5) days before the hearing. A notice in lieu of summons shall be mailed or electronically transmitted at least eight (8) days before the hearing. These times may be waived by a person or by the court for good cause shown.

Subd. 5. Proof of Service.

(A)Personal Service. On or before the date set for appearance, the person who served a summons by personal service shall file a written statement with the court showing:

(1) that the summons was served;

(2) the person on whom the summons was served; and

(3) the date, time, and place of service.

(B)Service by Mail or Electronic Transmission. On or before the date set for appearance, the person who served notice in lieu of summons by mail or electronic transmission shall enter in the court record:

(1) the name of the person to whom the summons or notice was sent;

(2) the date the summons or notice was sent; and

(3) whether the summons or notice was sent by first class mail, certified mail, or electronic transmission.

(C)Notice of Detention Hearing: Telephone Call. The person providing notice of a detention hearing by telephone call shall file a document with the court or make an entry in the court record stating:

(1) the name, address and telephone number of the person who was contacted with notice of the detention hearing;

(2) the date and time of the telephone call or the efforts to do so;

(3) the reason why notice in lieu of summons was not sent by First Class Mail or other authorized means.

Minn. R. Juv. P. 25.03

Amended effective 12/1/2012; amended April 22, 2015, effective 7/1/2015.