MOTION PRACTICE IN CHILD PROTECTION COURT RULES AND STRATEGY

Similar documents
Case 2:10-md CJB-SS Document Filed 07/26/13 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

2017 Minnesota Soil and Water Conservation Districts Elections Calendar

RULES OF CIVIL APPELLATE PROCEDURE. Tribal Council Resolution

Consolidated Arbitration Rules

STATE OF VERMONT VERMONT SUPREME COURT TERM, Order Promulgating Amendments to the Vermont Rules of Criminal Procedure

Relevant Excerpts of the Rules of the City of New York Title 61 - Office of Collective Bargaining Chapter 1 - Practice and Procedure

Seminole Appellate Court Rules of Appellate Procedure

COURT OF COMMON PLEAS OF VAN WERT COUNTY JUVENILE DIVISION LOCAL RULES. [Revised Effective January 15, 2016] LOCAL RULE 1

NC General Statutes - Chapter 1A 1

RULE 16. Exhibits and Evidence

Case 2:12-md AB Document Filed 10/10/18 Page 1 of 18 THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ORDER

Rules of the Equal Opportunities Commission November 10, 2016

ADR CODE OF PROCEDURE

SOUTHWEST INTERTRIBAL COURT OF APPEALS RULES OF APPELLATE PROCEDURE

THE TORONTO LICENSING TRIBUNAL

TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER n: DISPUTE RESOLUTION

Rule Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code section 366.

These rules shall be known as the Local Rules for Columbia and Montour Counties, the 26 th Judicial District, and shall be cited as L.R. No.

SUPERIOR COURT OF THE STATE OF WASHINGTON

RULES OF APPELLATE PROCEDURE NOTICE

Alaska UCCJEA Alaska Stat et seq.

RULES OF THE TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT CHAPTER MEDIATION AND HEARING PROCEDURES TABLE OF CONTENTS

ON1CALL RULES OF PROCEDURE FOR HEARINGS 1) DEFINITIONS

RULES OF PROCEDURE. For Applications & Appeals

Dodge County. 1) Rules of Decorum. (Sixth Judicial District)

Arizona UCCJEA Ariz. Rev. Stat et seq.

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE

NORTH AMERICAN REFRACTORIES COMPANY ASBESTOS PERSONAL INJURY SETTLEMENT TRUST

Rule 1. Scope These rules apply to all cases in which a petition is filed alleging that a juvenile is abused, neglected and/or dependent.

CITY OF BELLINGHAM HEARING EXAMINER RULES OF PRACTICE AND PROCEDURE

CONTENTS OF PROPOSED TIME CALCULATION CHANGES TO COLORADO RULES COLORADO RULES OF CIVIL PROCEDURE (RULES 1-122). 2

ADMINISTRATIVE RULES FOR CONTESTED CASE HEARINGS MUNICIPAL EMPLOYEES RETIREMENT SYSTEM OF MICHIGAN. Effective June 1, 2016 Amended June 19, 2017

RULES OF THE UNIVERSITY OF TENNESSEE (ALL CAMPUSES)

2016 Minnesota Soil & Water Conservation District Elections Calendar

Rehabilitation Services Chapter ALABAMA DEPARTMENT OF REHABILITATION SERVICES ADMINISTRATIVE CODE CHAPTER FORMAL HEARINGS

KNOX COUNTY RULES OF PRACTICE AND PROCEDURE OF THE COURT OF COMMON PLEAS JUVENILE DIVISION. James M. Ronk, Judge. Introduction

State of Wyoming Office of Administrative Hearings

R U L E S. of the A R M E D S E R V I C E S B O A R D O F C O N T R A C T A P P E A L S

Prairie Island Mdewakanton Dakota Community Judicial Code Title 2: Rules of Civil Procedure. Table of Contents

RULES OF TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT DIVISION OF WORKERS COMPENSATION

RULES OF TENNESSEE DEPARTMENT OF STATE ADMINISTRATIVE PROCEDURES DIVISION

Indiana UCCJEA Ind. Code Ann

RULES OF THE DISTRICT OF COLUMBIA COURT OF APPEALS (Revised effective January 1, 2011)

RULES CHESAPEAKE CIRCUIT COURT

Nevada UCCJEA Nev. Rev. Stat. 125A.005 et seq.

RULES OF PROCEDURE BEFORE THE COWLITZ COUNTY HEARINGS EXAMINER

DSCC Uniform Administrative Procedures Policy

Rhode Island UCCJEA R.I. Gen. Laws et seq.

Minnesota Rules of No-Fault Arbitration Procedures

PREPARING A CASE FOR APPEAL

HAWAII ADMINISTRATIVE RULES TITLE 12 DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS SUBTITLE 7 BOARDS CHAPTER 47

LOCAL RULES of the COURT OF COMMON PLEAS OF CLARION COUNTY

NC General Statutes - Chapter 52C 1

MINNESOTA. Chapter Title: DOMESTIC ABUSE Section: 518B.01. As used in this section, the following terms shall have the meanings given them:

Notice and Protest Procedures for Protests Related to a University s Contract Procurement Process.

Missouri UCCJA Mo. Rev. Stat et seq.

Guam UCCJEA 7 Guam Code Ann , et sec.

REVISED AS OF MARCH 2014

Basic Guide to Wisconsin Small Claims Actions

AAA Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex, Commercial Disputes)

ARBITRATION RULES. Arbitration Rules Archive. 1. Agreement of Parties

Minnesota No-Fault, Comprehensive or Collisions Damage Automobile Insurance Arbitration RULES

CHAPTER 200. RULES OF CONSTRUCTION; GENERAL PROVISIONS

2018 MINNESOTA HOSPITAL DISTRICTS ELECTIONS CALENDAR

2017 Minnesota Cities without a Primary Elections Calendar

43 CFR Subtitle A ( Edition) SCOPE OF SUBPART; DEFINITIONS. SOURCE: 66 FR 67656, Dec. 31, 2001, unless otherwise noted. BIA.

UNIFORM INTERSTATE FAMILY SUPPORT ACT Act 310 of The People of the State of Michigan enact:

NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY

NC General Statutes - Chapter 7B 1

RULES OF TENNESSEE PUBLIC UTILITY COMMISSION CHAPTER PRACTICE AND PROCEDURE - CONTESTED CASES TABLE OF CONTENTS

IN THE SUPREME COURT OF FLORIDA AMENDMENTS TO CONFORM TO AMENDMENTS TO FLA. R. JUD. ADMIN

FLORIDA RULES OF JUVENILE PROCEDURE TABLE OF CONTENTS

District 17B Stokes and Surry Counties Juvenile Courts Supporting Families in Crisis. Abuse, Neglect, Dependency Rules

District of Columbia Court of Appeals Board on Professional Responsibility. Board Rules

SUPERINTENDENT HOLDINGFORD PUBLIC SCHOOLS

Tennessee Department of Labor and Workforce Development Bureau of Workers' Compensation

COMPREHENSIVE JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES

Initial Pre-hearing Arbitration Scheduling Order. Parties

Constitutional review by district court of administrative decisions and orders. A. Scope of rule. This rule governs writs of certiorari to

ARTICLE 5.--ADMINISTRATIVE PROCEDURE ACT GENERAL PROVISIONS. K.S.A through shall be known and may be cited as the Kansas

ONTARIO SECURITIES COMMISSION PRACTICE GUIDELINE

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY. VESTED IN the Environmental Control Board by Section 1049-a

2016 Minnesota Counties Elections Calendar

31 U.S.C. Section 3733 Civil investigative demands

COURT OF APPEAL, FOURTH CIRCUIT STATE OF LOUISIANA

LANCASTER COUNTY RULES OF ORPHANS COURT

47064 Federal Register / Vol. 63, No. 171 / Thursday, September 3, 1998 / Notices

IC Chapter 3. Adjudicative Proceedings

2018 MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS ELECTIONS CALENDAR

Cuyahoga County Court of Common Pleas Juvenile Division Local Rules

THE STATE OF NEW HAMPSHIRE SUPREME COURT OF NEW HAMPSHIRE ORDER

WHITE EARTH NATION DOMESTIC VIOLENCE CODE TITLE 18 CHAPTER ONE PURPOSE, JURISDICTION AND DEFINITIONS

JAMS International Arbitration Rules & Procedures

Ch. 197 PRACTICE AND PROCEDURE 37. Subpart L. STATE HEALTH FACILITY HEARING BOARD 197. PRACTICE AND PROCEDURE Authority

Delinquency Hearings

GUIDE TO DISCIPLINARY HEARING PROCEDURES

2019 MINNESOTA COUNTIES ELECTIONS CALENDAR WITH UNIFORM SPECIAL ELECTION DATES

BY-LAW NO. 44 ONTARIO COLLEGE OF SOCIAL WORKERS AND SOCIAL SERVICE WORKERS - RULES OF PRACTICE AND PROCEDURE OF THE DISCIPLINE COMMITTEE

RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE HEARING EXAMINER OF THE CITY OF PUYALLUP, WASHINGTON CHAPTER I: HEARINGS ON PERMIT APPLICATIONS

Administrative Rules for the Office of Professional Regulation Effective date: February 1, Table of Contents

Transcription:

MOTION PRACTICE IN CHILD PROTECTION COURT RULES AND STRATEGY

BRIEF OVERVIEW OF THE RULES OF MOTION PRACTICE IN JUVENILE PROTECTION MATTERS NAVIGATING THE MINNESOTA RULES OF JUVENILE PROTECTION PROCEDURE

Minn. R. Juv. Prot. Proc. 15 Motions 15.01 Form Subdivision 1 Generally. An application to the court for an order shall be by motion.

Minn. R. Juv. Prot. Proc. 15 Motions 15.01 Form Subd. 2 Motions to Be in Writing. Except as permitted by subdivision 3, a motion shall be in writing and shall: (a) set forth the relief or order sought; (b) state with particularity the grounds for the relief or order sought; (c) be signed by the person making the motion; (d) be filed with the court, unless it is made orally in court on the record; and (e) be accompanied by a supporting affidavit or other supporting documentation or a memorandum of law, unless it is made orally in court on the record. The requirement of writing is fulfilled if the motion is stated in a written notice of motion. The parties may agree to written submission to the court for decision without oral argument unless the court directs otherwise.

Minn. R. Juv. Prot. Proc. 15 Motions Rule 15 Motions 15.01 Form Subd. 3 Exception. Unless another party or the county attorney objects, a party or the county attorney may make an oral motion during a hearing. All oral motions and objections to oral motions shall be made on the record. When an objection is made, the court shall determine whether there is good cause to permit the oral motion and, before issuing an order, shall allow the objecting party reasonable time to respond.

Minn. R. Juv. Prot. Proc. 15 Motions 15.02 Service and Notice of Motions Subdivision 1 Upon Whom. (a) Generally. The moving party shall serve the notice of motion and motion, along with any supporting affidavit or other supporting documentation or a memorandum of law, on all parties, the county attorney, and any other persons designated by the court. If service of the petition was by publication and the address of the person remains unknown, service of a motion shall be deemed sufficient if it is mailed to the person's last known address. The moving party shall serve only the notice of the hearing and not the motion upon all participants. (b) Motion to Transfer Juvenile Protection Matter to Jurisdiction of Tribal Court. In addition to providing service as required in subdivision 1(a), a motion to transfer a juvenile protection matter to jurisdiction of the Indian child's tribal court under Rule 48.01, or a response to such motion, shall also be served upon the child's parents and any Indian child age twelve (12) or older regardless of party status.

Minn. R. Juv. Prot. Proc. 15 Motions Don t forget all of the non-responding parties!!

Minn. R. Juv. Prot. Proc. 15 Motions 15.02 Service and Notice of Motions Subd. 2 How Made. Service of a motion may be made by personal service, by mail, or by transmitting a copy by facsimile transmission pursuant to Rule 31.

Minn. R. Juv. Prot. Proc. 15 Motions Be aware of County s service procedures Ramsey County Child Protection Court requires all attorneys to sign up for eservice

Minn. R. Juv. Prot. Proc. 15 Motions 15.02 Service and Notice of Motions Subd. 3 Time. Any written motion, along with any supporting affidavit or other supporting documentation or memorandum of law, shall be served at least five (5) days before it is to be heard, unless the court for good cause shown permits a motion to be made and served less than five (5) days before it is to be heard. The filing and service of a motion shall not extend the permanency timelines set forth in these rules.

Minn. R. Juv. Prot. Proc. 4 Time; Timeline 4.01 Computation of Time Unless otherwise provided by statute, the day of the act or event from which the designated period of time begins to run shall not be included in the computation of time. The last day of the period shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. When a period of time prescribed or allowed is three (3) days or less, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in these rules, "legal holiday" includes New Year's Day, Martin Luther King's Birthday, Washington's Birthday (Presidents' Day), Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Day, and any other day designated as a holiday by the President, Congress of the United States, or by the State.

Minn. R. Juv. Prot. Proc. 4 Time; Timeline 4.02 Additional Time After Service by Mail or Other Means Whenever a person has the right or is required to do an act within a prescribed period after the service of a notice or other paper and the notice or other paper is served by mail, three (3) days shall be added to the prescribed period. If service is made by any means other than mail and accomplished after 5:00 p.m. local time on the day of service, one (1) additional day shall be added to the prescribed period.

Minn. R. Juv. Prot. Proc. 15 Motions 15.03 Ex Parte Motion and Hearing Subdivision 1. Motion. A motion may be made ex parte when permitted by statute or these rules. Every ex parte motion shall be accompanied by an explanation of the efforts made to notify all parties and the county attorney of the motion or an explanation of why such notice would place the child in danger of imminent harm or could result in the child being hidden or removed from the court's jurisdiction. Subd. 2 Hearing. When the court issues an ex parte order removing a child from the care of a parent or legal custodian, the court shall schedule a hearing to review the order within seventy-two (72) hours of the child's removal. Upon issuance of an ex parte order in cases of domestic child abuse, the court shall schedule a hearing pursuant to the requirements of Minnesota Statutes, section 260C.148. Upon issuance of any other ex parte order, a hearing shall be scheduled on the request of a party or the county attorney at the earliest possible date.

Minn. R. Juv. Prot. Proc. 15 Motions 15.04 Motion to Dismiss Petition Any party or the county attorney may bring a motion to dismiss the petition upon any of the following grounds: (a) lack of jurisdiction over the subject matter; (b) lack of jurisdiction over the child; or (c) at or prior to the admit/deny hearing, failure of the petition to state facts which, if proven, establish a prima facie case to support the statutory grounds set forth in the petition.

Minn. R. Juv. Prot. Proc. 15 Motions 15.06 Obtaining Hearing Date; Notice to Parties Upon request of a party who intends to file a notice of motion and motion, the court administrator shall schedule a hearing which shall take place within fifteen (15) days of the request. A party obtaining a date and time for a hearing on a motion shall file and serve the notice of motion and motion pursuant to Rule 15.02, subdivision 3.

Minn. R. Juv. Prot. Proc. 41.06 Hearings to Review Disposition Subd. 3 Procedure. Any party or the county attorney may seek modification of a disposition order by motion made pursuant to Rule 15. The motion may be heard at the scheduled review hearing or at an earlier date or may be considered by the court without hearing if no party objects. Subd. 4 Modification of Disposition; Modification of Case or Out-of-Home Placement Plan. (a) Agreement. The court, on its own motion or that of any party, may modify the disposition or order the case plan or out-of-home placement plan modified when all parties agree the modification is in the best interests of the child and: (1) a change of circumstances requires a change in the disposition or modification of the case plan or out-of-home placement plan; or (2) the original disposition or case plan or out-of-home placement plan is inappropriate. (b) Objection. If a party objects to a proposed modification, or if the child does not have a guardian ad litem at the time the motion is made, the court shall schedule a hearing for the next available date. A party has a right to request a court review of the reasonableness of the case plan or out-of-home placement plan upon a showing of a substantial change in circumstances.

Minn. R. Juv. Prot. Proc. 45 Post-Trial Motions 45.01 Procedure and Timing Subdivision 1 Timing. All post-trial motions shall comply with Rule 15 and shall be filed with the court and served upon the parties within ten (10) days of the service of notice by the court administrator of the filing of the court's order finding that the statutory grounds set forth in the petition are or are not proved. Any response to a posttrial motion shall comply with Rule 15 and shall be filed with the court and served upon the parties within five (5) days of service of the post-trial motion.

Minn. R. Juv. Prot. Proc. 45 Post-Trial Motions 45.01 Procedure and Timing Subd. 2 Basis of Motion. A post-trial motion shall be made and decided on the files, exhibits, and minutes of the court. Pertinent facts that would not be a part of the minutes may be shown by affidavit except as otherwise provided by these rules. A full or partial transcript of the court reporter's notes of the testimony taken at the trial or other verbatim recording thereof may be used in deciding the motion.

Minn. R. Juv. Prot. Proc. 45 Post-Trial Motions 45.01 Procedure and Timing Subd. 3 Time for Serving Affidavits. When a post-trial motion is based upon affidavits, such affidavits shall be served with the notice of motion. The parties and the county attorney shall have five (5) days after such service in which to serve opposing affidavits pursuant to Rule 15. The court may permit reply affidavits so long as the time for issuing a decision is not extended beyond the time permitted in Rule 45.05.

Minn. R. Juv. Prot. Proc. 45 Post-Trial Motions 45.01 Procedure and Timing Subd. 4 Hearing. If the trial court grants a hearing on a posttrial motion, the hearing shall take place within ten (10) days of the date the post-trial motion is filed.

A word of caution The rules matter and CHIPS timelines are short. If you have a question about the interpretation of a rule, research the answer before it is a problem. Rubey v. Vannett, 714 N.W.2d 417 (Minn. 2006)

Rules of filing Be aware of county s filing procedures Efiling IFP Orders/Order for Court Appointed Attorney

STRATEGY IN CHILD PROTECTION MOTION PRACTICE

Three initial considerations before drafting a motion 1) Does my client have a compelling argument? 2) Is there a legal basis for my client s request? 3) Does a motion on this issue fit with my client s overall strategy/ultimate goal?

Three initial considerations before drafting a motion Does my client have a compelling argument? Don t assume that you know what your client wants or why they want it Always ask directly what and why you may be surprised by the answers

Three initial considerations before drafting a motion Is there a legal basis for my client s request?

Three initial considerations before drafting a motion Does a motion on this issue fit with my client s overall strategy/ultimate goal? Child protection cases can last a long time, so it is important to keep the focus on the ultimate goal of the client (often reunification), throughout the entire case

Other preliminary steps/considerations Talk to the other parties/attorneys Information is power Lack of information can be disastrous Brainstorm ways to resolve issues that do not involve a formal motion The judge will appreciate these efforts If it makes sense, give opposing parties notice that you are/may be filing a motion Maintaining civility never hurts your cause and may help long term case goals

Drafting the motion and affidavit(s) Assume that the judge knows nothing about the issue Think long and critically about how opposing parties will respond What will their strongest argument(s) be and do you have a counterargument? Understand that the judge likely appreciates brevity

Common motions in child protection matters Not trial related Visitation Trial home visits Compel Discovery Change of placement services A finding of no reasonable/active efforts Anything that requires a court order

Common motions in child protection matters Trial related Motions in limine for evidentiary issues Exclude parties during testimony of witness

Remember golden rule in child protection court KEEP THE FOCUS ON THE BEST INTERESTS OF THE CHILD

Remember golden rule in child protection court Minn. Stat. 260C.001 TITLE, INTENT, AND CONSTRUCTION. Subd. 2 Juvenile protection proceedings. (a) The paramount consideration in all juvenile protection proceedings is the health, safety, and best interests of the child. In proceedings involving an American Indian child, as defined in section 260.755, subdivision 8, the best interests of the child must be determined consistent with sections 260.751 to 260.835 and the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923.

2024 © lawsdocbox.com Privacy Policy | Terms of Service | Feedback