Minn. R. Juv. P. 6.03

As amended through October 28, 2024

Rule 6.03 - Petition

Subdivision 1. Generally. A child alleged to be delinquent because of a felony or gross misdemeanor offense (except gross misdemeanors under Minnesota Statutes, chapter 169A, which may be charged by citation) shall be charged by petition. A child alleged to be delinquent because of a misdemeanor offense may be charged by petition. A child charged with a juvenile petty offense or a juvenile traffic offense may be charged by petition.

Subd. 2. Filing. Each petition shall be signed by the prosecuting attorney before it is filed with the court. The signature of the prosecuting attorney shall be an acknowledgement that the form of the petition is approved and that reasonable grounds exist to support the petition. A delinquency petition may be filed without the prosecutor's signature if the prosecutor is unavailable and a judge determines that filing and the issuance of process should not be delayed. A petition must be filed by electronic means authorized by the State Court Administrator when the technology is available, otherwise a petition may be filed in paper form. Electronic signature of petitions is governed by Minnesota Rule of Criminal Procedure 1.06, subdivision 3.

Subd. 3. Contents of the Delinquency Petition. Every petition alleging a child is delinquent shall contain:

(A) a concise statement alleging the child is delinquent;

(B) a description of the alleged offense and reference to the statute or ordinance which was violated;

(C) the name, date of birth, and address of the child;

(D) the names and addresses of the child's parent(s), legal guardian, legal custodian, or nearest known relative;

(E) the name and address of the child's spouse; and

(F) other administrative information authorized by the Supreme Court Juvenile Delinquency Rules Committee and published by the State Court Administrator.

Subd. 4. Separate Counts. A petition may allege separate counts, whether the alleged delinquent acts arise out of the same or separate behavioral incidents.

Subd. 5. Contents of Petition Alleging Juvenile Petty Offender or Juvenile Traffic Offender. Every petition alleging a child is a juvenile petty offender or alleging a child is a juvenile traffic offender shall contain:

(A) a concise statement alleging that the child is a juvenile petty offender or a juvenile traffic offender;

(B) the name, address, date of birth, and for juvenile traffic offenders, the drivers license number of the child, if known;

(C) the name and address of the parent(s), legal guardian, or legal custodian of the child;

(D) a description of the offense charged and reference to the statute or ordinance which is the basis for the charge;

(E) the date, county, and place of the alleged offense; and

(F) other administrative information authorized by the Supreme Court Juvenile Delinquency Rules Committee and published by the State Court Administrator.

Minn. R. Juv. P. 6.03

Amended effective 1/1/2008; amended April 22, 2015, effective 7/1/2015.