Subdivision 1. In General.
(A)Limited Public Access. The court shall exclude the general public from certification hearings and shall admit only those persons who, in the discretion of the court, have a direct interest in the case or the work of the court, including victims. The court shall open the hearings to the public in certification proceedings where the child is alleged to have committed an offense or has been proven to have committed an offense that would be a felony if committed by an adult and the child was at least sixteen (16) years of age at the time of the offense, except that the court may exclude the public from portions of a certification hearing to consider psychological material or other evidence that would not be accessible to the public in an adult proceeding.(B)Timing. The certification hearing shall be held within thirty (30) days of the filing of the certification motion. Only if good cause is shown by the prosecuting attorney or the child may the court extend the time for a hearing for another sixty (60) days. Unless the child waives the right to the scheduling of the hearing within specified time limits, if the hearing is not commenced within thirty (30) days, or within the extended period ordered pursuant to this subdivision, the child, except in extraordinary circumstances, shall be released from custody subject to such nonmonetary release conditions as may be required by the court under Rule 5.(C)Waiver. The child may waive the right to a certification hearing provided that the child does so knowingly, voluntarily, and intelligently on the record after being fully and effectively informed of the right to a certification hearing by counsel. In determining whether the child has knowingly, voluntarily, and intelligently waived this right the court shall look at the totality of the circumstances. These circumstances include but are not limited to: the presence of the child's parent(s), legal guardian, legal custodian or guardian ad litem appointed in the delinquency proceeding; and the child's age, maturity, intelligence, education, experience, and ability to comprehend the proceedings and consequences.(D)Discovery. The child and prosecuting attorney are entitled to discovery pursuant to Rule 10. Subd. 2. Initial Appearance in Certification Proceeding. At the initial appearance following the motion for certification the court shall:
(A) verify the name, age and residence of the child who is the subject of the matter;(B) determine whether all necessary persons are present and identify those present for the record;(C) appoint counsel, if not previously appointed;(D) determine whether notice requirements have been met and if not whether the affected persons waive notice;(E) schedule further hearings including: a probable cause hearing, unless waived; the certification hearing under Rule 18.05, subdivision 4; and a pre-hearing conference if requested; and(F) order studies pursuant to Rule 18.04, if appropriate. Subd. 3. Probable Cause Determination.
(A)Timing. Unless waived by the child or based upon an indictment, a hearing and court determination on the issue of probable cause shall be completed within fourteen (14) days of filing the certification motion. The court may, on the record, extend this time for good cause.(B)Standard. A showing of probable cause to believe the child committed the offense alleged by the delinquency petition shall be made pursuant to Minnesota Rules of Criminal Procedure 11.(C)Presumption. Upon a finding of probable cause, the court shall determine whether the presumption for certification under Rule 18.06, subdivision 1 applies.(D)Waiver. The child may waive a probable cause hearing and permit a finding of probable cause without a hearing, provided that the child does so knowingly, voluntarily, and intelligently on the record after being fully and effectively informed of the right to a probable cause hearing by counsel. Subd. 4. Conduct and Procedure for Certification Hearing.
(A)Hearing Rights. The child's counsel and the prosecuting attorney shall have the right to: (3) cross-examine witnesses; and(4) present arguments for or against certification.(B)Evidence. All evidence considered by the court on the certification question shall be made a part of the court record. The court may receive any information, except privileged communication, that is relevant to the certification issue, including reliable hearsay and opinions.(C)Order of Hearing; Presumptive Certification.(1) The child's counsel may make an opening statement, confining the statement to the facts that the child expects to prove.(2) The prosecuting attorney may make an opening statement, or may make it immediately before offering evidence. The statement shall be confined to the facts expected to be proved.(3) The child's counsel shall offer evidence against certification.(4) The prosecuting attorney may offer evidence in support of the motion for certification.(5) The child's counsel may offer evidence in rebuttal of the evidence for certification, and the prosecuting attorney may then offer evidence in rebuttal of the child's rebuttal evidence. In the interests of justice, the court may permit either party to offer additional evidence.(6) At the conclusion of the evidence, the prosecuting attorney may make a closing argument.(7) The child's counsel may make a closing argument.(D)Order of Hearing; Non-presumptive Certification.(1) The prosecuting attorney may make an opening statement, confining the statement to the facts that the prosecutor expects to prove.(2) The child's counsel may make an opening statement, or may make it immediately before offering evidence. The statement shall be confined to a statement of the defense and the facts expected to be proved.(3) The prosecuting attorney shall offer evidence in support of certification, or alternatively, designation as an extended jurisdiction juvenile proceeding.(4) The child's counsel may offer evidence in defense of the child.(5) The prosecuting attorney may offer evidence in rebuttal of the defense evidence, and the child's counsel may then offer evidence in rebuttal of the prosecuting attorney's rebuttal evidence. In the interests of justice the court may permit either party to offer additional evidence.(6) At the conclusion of the evidence, the prosecuting attorney may make a closing argument.(7) The child's counsel may make a closing argument.(E)Burdens of Proof. In a presumptive certification hearing under Rule 18.06, subdivision 1, the child shall have the burden to prove by clear and convincing evidence that retaining the proceeding in juvenile court serves public safety. In non-presumptive certification hearings under Rule 18.06, subdivision 2, the prosecuting attorney shall have the burden to prove by clear and convincing evidence that retaining the proceeding in juvenile court does not serve public safety.Amended effective 1/1/2007.