Minn. R. Juv. P. 7.04

As amended through October 28, 2024

Rule 7.04 - Hearing Procedure

Subdivision 1. Initial Procedure. At the commencement of the hearing, the court shall on the record:

(A) verify the name, age, and residence of the child who is charged;

(B) determine whether all necessary persons are present and identify those present for the record;

(C) determine whether notice requirements have been met and if not, whether the affected persons waive notice;

(D) determine whether the child is either represented by counsel or waives counsel in the manner provided by Rule 3;

(E) if the child appears without counsel, and the court determines the child has properly waived the child's right to counsel, the court shall advise the child of all trial rights and other rights provided by these rules;

(F) explain to the child and the child's parent(s), legal guardian or legal custodian, if present, the child's right to remain silent in this and subsequent appearances before the court; and

(G) if two or more children are charged jointly with the same offense, advise the child of the danger of dual representation pursuant to Rule 3.03.

Subd. 2. Reading of Allegations of Charging Document. Unless waived by the child, the court shall read the allegations of the charging document to the child and determine that the child understands them, and if not, provide an explanation.

Subd. 3. Motions. The court shall hear and make findings on any motions regarding the sufficiency of the charging document, including its adequacy in stating probable cause of charges made, and the jurisdiction of the court, without requiring the child to plead guilty or not guilty to the charges stated in the charging document. A challenge on probable cause shall not delay the setting of trial proceedings in cases where the child has demanded a speedy trial.

Subd. 4. Response to Charging Document. After considering the wishes of the parties to proceed later or at once, the court may continue the arraignment without requiring that the child plead guilty or not guilty to charges stated in the charging document.

Minn. R. Juv. P. 7.04

Amended April 22, 2015, effective 7/1/2015.

Comment--Rule 7
Minn. R. Juv. Del. P. 7.04, subd. 1 (G) andMinn. R. Juv. Del. P. 3.03regarding advising children of the perils of dual representation are patterned after Minn. R. Crim. P. 17.03, subd. 5.