SF 533

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime prevention; specifying that the 
  1.3             prosecution may reply in rebuttal to the closing 
  1.4             argument of the defense and that the defense may then 
  1.5             reply in surrebuttal to the prosecution's rebuttal; 
  1.6             amending Minnesota Statutes 1998, section 631.07. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 631.07, is 
  1.9   amended to read: 
  1.10     631.07 [ORDER OF FINAL ARGUMENT.] 
  1.11     When the giving of evidence is concluded in a criminal 
  1.12  trial, unless the case is submitted on both sides without 
  1.13  argument, the prosecution may make a closing argument to the 
  1.14  jury.  The defense may then make its closing argument to the 
  1.15  jury.  The court shall permit the prosecution to reply in 
  1.16  rebuttal, which shall be limited to a response to any 
  1.17  misstatement of law or fact or a statement that is inflammatory 
  1.18  or prejudicial made by the defense in its closing argument.  The 
  1.19  court shall then permit the defense to reply in surrebuttal, 
  1.20  which shall be limited to issues of law and fact which were 
  1.21  raised in the prosecutor's rebuttal.  
  1.22     Sec. 2.  [RULE SUPERSEDED.] 
  1.23     Minnesota Rules of Criminal Procedure, rule 26.03, 
  1.24  subdivision 11, is superseded to the extent it conflicts with 
  1.25  section 1.  
  1.26     Sec. 3.  [EFFECTIVE DATE.] 
  2.1      Sections 1 and 2 are effective August 1, 1999, and apply to 
  2.2   crimes committed on or after that date.