RULE 47.

Rule 47. Relief

From Order

47.01 Clerical MistakesClerical mistakes in judgments, orders, or other parts of the record and errors arising from oversight or omission may be corrected by the court at any time upon its own initiative or upon motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected with leave of the appellate court.

47.02 Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; FraudUpon motion and upon such terms as are just, the court may relieve a party or the party’s legal representatives from a final order or proceeding and may order a new trial or grant such other relief as may be just for any of the following reasons:(a) mistake, inadvertence, surprise, or excusable neglect;

(b) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial;

(c) fraud (whether denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;

(d) the judgment is void; or(e) any other reason justifying relief from the operation of the order.The motion shall be made within a reasonable time, but in no event shall it be more than ninety (90) days following the filing of the court’s order.

47.03 Invalidation of District Court Action - Indian Child CasesSubdivision 1.Petition.Any Indian child who is the subject of an adoption proceeding under State law, parent or Indian custodian from whose custody such child was removed, and the Indian child’s tribe may file with any court of competent jurisdiction a petition to invalidate such action upon a showing that such action violates any provisions of the Indian Child Welfare Act, 25 U.S.C., section 1911, 1912, or 1913.Subd. 2.Evidentiary Hearing.Upon the filing of a petition to invalidate, the court shall schedule an evidentiary hearing. The form and content of the petition to invalidate shall be governed by Rule 15.Subd. 3.Findings and Order.Within fifteen (15) days of the conclusion of the evidentiary hearing the court shall issue a written order which shall include findings of fact and conclusions of law.

(Amended effective January 1, 2007; amended effective August 1, 2009.)

47.04 Vacation of Adoption Decree - Indian Child CasesSubdivision 1.Petition to Vacate.After the entry of an adoption decree of an Indian child in any State court, the parent may withdraw consent upon the grounds that the consent was obtained through fraud or duress and may petition the court to vacate such decree. Upon a finding that such consent was obtained through fraud or duress, the court shall vacate such decree and return the child to the parent. No adoption which has been effective for at least two (2) years may be invalidated under the provisions of this rule unless otherwise permitted under State law.Subd. 2.Evidentiary Hearing.Upon the filing of a petition to vacate, the court shall schedule an evidentiary hearing. The form and content of the petition to vacate shall be governed by Rule 15.Subd. 3.Findings and Order.At the conclusion of the evidentiary hearing the court shall issue a written order which shall include findings of fact and conclusions of law.

Source: Minnesota Office of the Revisor of Statutes