Rule 3.09 - General Rules of Practice for the District CourtsExcept as otherwise provided by statute or these rules, Rules 1, 2, 4-17, and 901 - 907 of the General Rules of Practice for the District Courts apply to adoption matters. Rules 3 and 101-814 of the General Rules of Practice for the District Courts do not apply to adoption matters. Rule 5 of the General Rules of Practice for the District Courts does not apply to attorneys who represent Indian tribes in adoption matters.
Added effective 7/1/2015; amended effective 1/1/2022.2015 Advisory Committee Comment
Rule 3.09 is added to clarify the applicability of the General Rules of Practice to adoption matters.Rule 5 of the General Rules of Practice provides, in part: "Lawyers who are admitted to practice in the trial courts of any other jurisdiction may appear in any of the courts of this state provided (a) the pleadings are also signed by a lawyer duly admitted to practice in the State of Minnesota, and (b) such lawyer admitted in Minnesota is also present before the court, in chambers or in the courtroom or participates by telephone in any hearing conducted by telephone." General Rule 5 is being amended in 2015 to provide an "out-of-state lawyer is subject to all rules that apply to lawyers admitted in Minnesota, including rules related to e-filing." Consistent with the letter and spirit of the Indian Child Welfare Act, the Juvenile Protection Rules Committee does not want to place any barriers to participation by Indian tribes in adoption matters. For that reason, Rule 3.09 is added to provide that the requirements of Rule 5 dealing with pro hac vice and electronic filing are not applicable to attorneys who represent Indian tribes.