MINNESOTA COURT RULES

CRIMINAL PROCEDURE

Minnesota Rules of Criminal Procedure

Revised effective January 1, 2010
With amendments effective through July 1, 2025

TABLE OF HEADNOTES

Rule 1. Scope and Purpose of the Rules

1.01		Scope and Purpose of the Rules
1.02		Purpose and Construction
1.03		Local Rules by District Court
1.04		Definitions
1.05		Use of Interactive Video Teleconference in Criminal Proceedings
1.06		Use of Electronic Filing for Charging Documents

Rule 2. Complaint

2.01		Contents; Before Whom Made
2.02		Approval of Prosecutor

Rule 3. Warrant or Summons Upon Complaint

3.01		Issuance
3.02		Contents of Warrant or Summons
3.03		Execution or Service of Warrant or Summons; Certification
3.04		Defective Warrant, Summons or Complaint

Rule 4. Procedure Upon Arrest With a Warrant Following a Complaint or Without a Warrant

4.01		Arrest With a Warrant
4.02		Arrest Without a Warrant
4.03		Probable Cause Determination

Rule 5. Procedure on First Appearance

5.01		Purpose of First Appearance
5.02		Requirement for Interpreter
5.03		Statement of Rights
5.04		Appointment of Counsel
5.05		Date of Rule 8 Appearance; Consolidation of Appearances Under Rule 5 and Rule 8
5.06		Plea and Post-Plea Procedure in Misdemeanor Cases
5.07		Plea and Post-Plea Procedure in Gross Misdemeanor Cases
5.08		Plea in Felony Cases
5.09		Record

Rule 6. Pretrial Release

6.01		Release on Citation
6.02		Release by Court or Prosecutor
6.03		Violation of Release Conditions
6.04		Forfeiture
6.05		Detention Supervision
6.06		Misdemeanor Trial Dates

Rule 7. Notice by Prosecutor of Omnibus Issues, Other Offenses Evidence, and Intent to Seek Aggravated Sentence

7.01		Notice of Omnibus Issues
7.02		Notice of Other Offenses
7.03		Notice of Intent to Seek an Aggravated Sentence
7.04		Completion of Discovery

Rule 8. Procedure on Second Appearance in Felony and Gross Misdemeanor Cases

8.01		Purpose of Second Appearance
8.02		Arraignment
8.03		Demand or Waiver of Hearing
8.04		Plea and Time of Omnibus Hearing
8.05		Record

Rule 9. Discovery in Felony, Gross Misdemeanor, and Misdemeanor Cases

9.01		Prosecution Disclosure in Felony and Gross Misdemeanor Cases
9.02		Defendant's Disclosure in Felony and Gross Misdemeanor Cases
9.03		Regulation of Discovery
9.04		Discovery in Misdemeanor Cases
9.05		Charges and Exemptions for Reproduction of Discovery in all Cases

Rule 10. Pleadings and Motions Before Trial; Defenses and Objections

10.01		Pleadings and Motions
10.02		Motions Attacking Court Jurisdiction in Misdemeanor Cases
10.03		Service and Notice of Motions; Hearing Date

Rule 11. The Omnibus Hearing

11.01		Time and Place of Hearing
11.02		Scope of the Hearing
11.03		General Procedures
11.04		Omnibus Motions
11.05		Pretrial Conference
11.06		Continuances
11.07		Determination of Issues
11.08		Pleas
11.09		Trial Date
11.10		Record

Rule 12. Pretrial Conference and Evidentiary Hearing in Misdemeanor Cases

12.01		Pretrial Conference
12.02		Motions
12.03		Other Issues
12.04		Hearing on Evidentiary Issues
12.05		Amended Complaint
12.06		Pleas
12.07		Continuances and Determination of Issues
12.08		Record

Rule 13. Arraignment in Felony and Gross Misdemeanor Cases

Deleted

Rule 14. Pleas

14.01		Pleas Permitted
14.02		Who May Plead
14.03		Timing of Pleas

Rule 15. Guilty Plea Procedures

15.01		Felony Cases
15.02		Gross Misdemeanor and Misdemeanor Cases
15.03		Alternative Methods in Misdemeanor and Gross Misdemeanor Cases
15.04		Plea Discussions and Agreements
15.05		Plea Withdrawal
15.06		Plea Discussions and Agreements Not Admissible
15.07		Plea to Lesser Offenses
15.08		Plea to Different Offense
15.09		Record of Proceedings
15.10		Guilty Plea to Offenses From Other Jurisdictions
15.11		Use of Guilty Plea Petitions When Defendant is Disabled in Communication

Rule 16. Misdemeanor Prosecution by Indictment

Rule 17. Indictment, Complaint and Tab Charge

17.01		Prosecution by Indictment, Complaint or Tab Charge
17.02		Nature and Contents
17.03		Joinder of Offenses and of Defendants
17.04		Surplusage
17.05		Amendment of Indictment or Complaint
17.06		Motions Attacking the Charging Document

Rule 18. Grand Jury

18.01		Summoning Grand Juries
18.02		Organization of Grand Jury
18.03		Who May Be Present
18.04		Record of Proceedings
18.05		Kind and Character of Evidence
18.06		Finding and Return of Indictment
18.07		Secrecy of Proceedings
18.08		Tenure and Excusal
18.09		Objections to Grand Jury and Grand Jurors

Rule 19. Warrant or Summons Upon Indictment; Appearance Before District Court

19.01		Issuance
19.02		Form
19.03		Service of the Indictment
19.04		Defendant's Appearance in Court
19.05		Bail or Conditions of Release
19.06		Record

Rule 20. Mentally Ill or Cognitively Impaired Defendants

20.01		Competency Proceedings
20.02		Defense of Mental Illness or Cognitive Impairment - Mental Examination
20.03		Disclosure of Reports and Records of Defendant's Mental Examinations
20.04		Simultaneous Examinations

Rule 21. Depositions

21.01		When Taken
21.02		Notice of Taking
21.03		Expenses of Defendant and Counsel; Failure to Appear
21.04		How Taken
21.05		Transcription, Certification and Filing
21.06		Use of Deposition
21.07		Effect of Errors and Irregularities in Depositions
21.08		Deposition by Stipulation

Rule 22. Subpoena

22.01		For Attendance of Witnesses; For Documents
22.02		By Whom Issued
22.03		Service
22.04		Place of Service
22.05		Contempt
22.06		Witness Outside the State

Rule 23. Petty Misdemeanors and Violations Bureaus

23.01		Definition of Petty Misdemeanor
23.02		Certification as Petty Misdemeanor by Sentence Imposed
23.03		Violations Bureaus
23.04		Certification as a Petty Misdemeanor in a Particular Case
23.05		Procedure in Petty Misdemeanor Cases
23.06		Effect of Conviction

Rule 24. Venue

24.01		Place of Trial
24.02		Venue in Special Cases
24.03		Change of Venue

Rule 25. Special Rules Governing Exclusion of the Public from Pretrial Hearings and Prejudicial Publicity

25.01		Pretrial Hearings - Motion to Exclude Public
25.02		Continuance or Change of Venue
25.03		Restrictive Orders

Rule 26. Trial

26.01		Trial by Jury or by the Court
26.02		Jury Selection
26.03		Procedures During Trial
26.04		Post-Verdict Motions

Rule 27. Sentence and Judgment

27.01		Conditions of Release
27.02		Presentence Investigation in Misdemeanor and Gross Misdemeanor Cases
27.03		Sentencing Proceedings
27.04		Probation Revocation
27.05		Pretrial Diversion

Rule 28. Appeals to Court of Appeals

28.01		Scope of Rule
28.02		Appeal by Defendant
28.03		Certification of Proceedings
28.04		Appeal by Prosecutor
28.05		Appeal from Sentence Imposed or Stayed
28.06		Voluntary Dismissal

Rule 29. Appeals to Supreme Court

29.01		Scope of Rule
29.02		Right of Appeal
29.03		Procedure for Appeals by Defendant in First-Degree Murder Cases
29.04		Procedure for Appeals from Court of Appeals
29.05		Procedure for Appeals by the Prosecutor in Post-Conviction Cases
29.06		Procedure for Prosecutor Appeals from a Judgment of Acquittal, Vacation of Judgment After a Jury Verdict of Guilty, or Order Granting a New Trial

Rule 30. Dismissal

30.01		By Prosecutor
30.02		By Court

Rule 31. Harmless Error and Plain Error

31.01		Harmless Error
31.02		Plain Error

Rule 32. Motions

Rule 33. Service and Filing of Documents; Signature

33.01		Service; Where Required
33.02		Service; On Whom Made
33.03		Notice of Orders
33.04		Filing
33.05		Facsimile and Electronic Transmission

Rule 34. Time

34.01		Computation
34.02		Extension
34.03		For Motions; Affidavits; Statements under Penalty of Perjury
34.04		Additional Time After Service by Mail or Electronic Service Late in the Day
34.05		Unaffected by Expiration

Rule 35. Courts and Court Administration

Rule 36. Search Warrants on Oral Testimony

36.01		General Rule
36.02		When Request by Oral Testimony Appropriate
36.03		Application
36.04		Testimony Requirements
36.05		Issuance of Warrant
36.06		Filing
36.07		Contents of Warrant
36.08		Execution

Rule 37. Search Warrants on Written Application

37.01		General Rule
37.02		Electronic Transmission and Signature

Order Authorizing E-Filing/E-Service Pilot Project in Criminal Cases

Appendix to Rule 15

		Appendix A (Felony Petition to Enter Plea of Guilty)
		Appendix B (Misdemeanor/Gross Misdemeanor Petition to Enter Plea of Guilty)
		Appendix C (Petition to Enter Plea of Guilty by Pro Se Defendant)
		Appendix D (Plea Agreement)
		Appendix E (Petition Regarding Aggravated Sentence)
		Appendix F (Petition Regarding Aggravated Sentence by Pro Se Defendant)
		Appendix G (Alford Addendum to Petition to Enter Plea of Guilty)
		Appendix H (Norgaard Addendum to Petition to Enter Plea of Guilty)

Index of Criminal Forms