Minn. R. Juv. P. 16.05

As amended through October 28, 2024
Rule 16.05 - Order

Orders issued pursuant to this rule shall be in writing. (Amended effective Jan. 1, 2008)

Minn. R. Juv. P. 16.05

Comment--Rule 16
References to "child's counsel" includes the child who is proceeding pro se. Minn. R. Juv. Del. P. 1.01.
Minn. R. Juv. Del. P. 16.01, subd. 3 provides that notice of a motion for a new trial shall be served within fifteen (15) days after the finding that the allegations of the charging document are proved, except for a motion for new trial based on the grounds of new evidence. Minnesota Statutes, section 260B.411(2002) provides for a different time for filing a motion for new trial which is premised on the discovery of new evidence. There, a child must bring a motion for new trial based on new evidence within fifteen (15) days of the filing of the court's order for adjudication and disposition. Id. Motions for new trial brought on other grounds must be brought within fifteen (15) days after the finding that the allegations of the charging document are proved as provided by this rule. Minn. R. Juv. Del. P. 16.01, subd. 3.
In re Welfare of D.N. held that a juvenile must move for a new trial to raise an appealable issue on evidentiary rulings. In re Welfare of D.N., 523 N.W.2d 11, 13 (Minn. Ct. App. 1994), review denied (Minn. Nov. 29, 1994). It should be noted that D.N. was a child in need of protection or services and not a delinquent. The procedures for delinquent children are more closely aligned with the rules of adult criminal court.