Rule 7.

Rule 7.

Arraignment

7.01 ApplicationThis rule is not applicable to proceedings on juvenile petty offenses or juvenile traffic offenses, which are governed by Rule 17.

(Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2003.)

7.02 GenerallyArraignment is a hearing at which the child shall enter a plea in the manner provided in Rule 8.

(Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2003.)

7.03 TimingUpon the filing of a charging document, the court administrator shall promptly fix a time for arraignment and send notices pursuant to Rule 25.Subdivision 1. Child in Custody.The child in custody may be arraigned at a detention hearing and shall be arraigned no later than five (5) days after the detention hearing. The child has the right to have a copy of the charging document for three (3) days before being arraigned.Subd. 2.Child Not in Custody.The child not in custody shall be arraigned no later than thirty (30) days after the filing of the charging document. The child has the right to have a copy of the charging document for three (3) days before being arraigned.

(Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2003.)

7.04 Hearing ProcedureSubdivision 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.(Amended December 12, 1997, for all juvenile actions commenced or arrests made on or after 12:00 o’clock midnight January 1, 1998; amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2003; amended effective July 1, 2015.)Comment–Rule 7Minn. R. Juv. Del. P. 7.04 subd 1(G) and Minn. R. Juv. Del. P. 3.03 regarding advising children of the perils of dual representation are patterned after Minn. R. Crim. P. 17.03 subd 5.

Source: Minnesota Office of the Revisor of Statutes