MINNESOTA COURT RULES

CRIMINAL PROCEDURE

Forms provided here are for reference purposes. To download forms to fill out please visit the Minnesota Courts website.

FORM 32c - WAIVER OF RIGHTS AND AGREEMENT REGARDING RULE 26.01, SUBD. 4

State of Minnesota		District Court
County		Judicial District: _
		Court File Number: _
		Case Type:	Criminal

State of Minnesota, Plaintiff
vs.	Waiver of Rights and Agreement
	Regarding Rule 26.01, subd. 4, Trial on Stipulation to Prosecution's Case to Obtain Review of a Pretrial Ruling
_
Defendant

TO THE ABOVE-NAMED COURT:

PROSECUTOR'S AGREEMENT THAT PRETRIAL RULING IS DISPOSITIVE

1) The prosecutor acknowledges and agrees that the court's ruling on the following pretrial issue is dispositive of the case or that a trial will be unnecessary if the defendant prevails on appeal (describe pretrial ruling):

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Dated: _	_
	Signature of Prosecutor

DEFENDANT'S AGREEMENT, NOT GUILTY PLEA, WAIVER OF TRIAL BY JURY AND ASSOCIATED RIGHTS, STIPULATION, AND ACKNOWLEDGMENT OF LIMITED APPELLATE REVIEW

2) I, ______________________________, Defendant in the above-entitled action, acknowledge and agree that the court's pretrial ruling described in paragraph 1 of this document is dispositive of this case or that a trial will be unnecessary if I prevail on appeal.

3) I maintain my plea of not guilty.

a. I have been advised by the court of my right to a trial by jury. I understand that: a jury is composed of the number of jurors required by law, selected from the community,

b. I may participate in the selection of the jurors,

c. the jury's verdict must be unanimous, and

d. if I waive a jury, the judge alone will determine my guilt or innocence.

Having had an opportunity to consult with counsel, I waive my right to a trial by jury.

4) I have had an opportunity to consult with counsel regarding the following trial rights. I acknowledge and waive my rights:

a. to testify at trial,

b. to have the prosecution witnesses testify in open court in my presence,

c. to question those prosecution witnesses, and

d. to require any favorable witnesses to testify for me in court.

5) I stipulate to the prosecution's evidence in a trial to the court. I acknowledge that the court will receive and consider the prosecution's evidence and that the court may find me guilty based on that evidence. Specifically, I stipulate to the following evidence (describe stipulations or refer to on-the-record recitation of stipulations):

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6) I acknowledge that appellate review in this case will only be of the pretrial ruling described in paragraph 1 of this document and not of my guilt or of other issues that could arise at a contested trial.

Dated:_	_
	Signature of Defendant
	Name: _
	Street Address: _
	City/State/Zip: _
	E-mail address: _

(Added effective October 1, 2017.)