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Office of the Revisor of Statutes

CRIMINAL PROCEDURE

Minnesota Rules of Criminal Procedure

Revised effective January 1, 2010

With amendments effective through July 3, 2023

TABLE OF HEADNOTES

Rule 1. Scope and Purpose of the Rules
1.01Scope and Purpose of the Rules
1.02Purpose and Construction
1.03Local Rules by District Court
1.04Definitions
1.05Use of Interactive Video Teleconference in Criminal Proceedings
1.06Use of Electronic Filing for Charging Documents
Rule 2. Complaint
2.01Contents; Before Whom Made
2.02Approval of Prosecutor
Rule 3. Warrant or Summons Upon Complaint
3.01Issuance
3.02Contents of Warrant or Summons
3.03Execution or Service of Warrant or Summons; Certification
3.04Defective Warrant, Summons or Complaint
Rule 4. Procedure Upon Arrest With a Warrant Following a Complaint or Without a Warrant
4.01Arrest With a Warrant
4.02Arrest Without a Warrant
4.03Probable Cause Determination
Rule 5. Procedure on First Appearance
5.01Purpose of First Appearance
5.02Requirement for Interpreter
5.03Statement of Rights
5.04Appointment of Counsel
5.05Date of Rule 8 Appearance; Consolidation of Appearances Under Rule 5 and Rule 8
5.06Plea and Post-Plea Procedure in Misdemeanor Cases
5.07Plea and Post-Plea Procedure in Gross Misdemeanor Cases
5.08Plea in Felony Cases
5.09Record
Rule 6. Pretrial Release
6.01Release on Citation
6.02Release by Court or Prosecutor
6.03Violation of Release Conditions
6.04Forfeiture
6.05Detention Supervision
6.06Misdemeanor Trial Dates
Rule 7. Notice by Prosecutor of Omnibus Issues, Other Offenses Evidence, and Intent to Seek Aggravated Sentence
7.01Notice of Omnibus Issues
7.02Notice of Other Offenses
7.03Notice of Intent to Seek an Aggravated Sentence
7.04Completion of Discovery
Rule 8. Procedure on Second Appearance in Felony and Gross Misdemeanor Cases
8.01Purpose of Second Appearance
8.02Arraignment
8.03Demand or Waiver of Hearing
8.04Plea and Time of Omnibus Hearing
8.05Record
Rule 9. Discovery in Felony, Gross Misdemeanor, and Misdemeanor Cases
9.01Prosecution Disclosure in Felony and Gross Misdemeanor Cases
9.02Defendant's Disclosure in Felony and Gross Misdemeanor Cases
9.03Regulation of Discovery
9.04Discovery in Misdemeanor Cases
9.05Charges and Exemptions for Reproduction of Discovery in all Cases
Rule 10. Pleadings and Motions Before Trial; Defenses and Objections
10.01Pleadings and Motions
10.02Motions Attacking Court Jurisdiction in Misdemeanor Cases
10.03Service of Motions; Hearing Date
Rule 11. The Omnibus Hearing
11.01Time and Place of Hearing
11.02Scope of the Hearing
11.03General Procedures
11.04Omnibus Motions
11.05Pretrial Conference
11.06Continuances
11.07Determination of Issues
11.08Pleas
11.09Trial Date
11.10Record
Rule 12. Pretrial Conference and Evidentiary Hearing in Misdemeanor Cases
12.01Pretrial Conference
12.02Motions
12.03Other Issues
12.04Hearing on Evidentiary Issues
12.05Amended Complaint
12.06Pleas
12.07Continuances and Determination of Issues
12.08Record
Rule 13. Arraignment in Felony and Gross Misdemeanor Cases
Deleted
Rule 14. Pleas
14.01Pleas Permitted
14.02Who May Plead
14.03Timing of Pleas
Rule 15. Guilty Plea Procedures
15.01Felony Cases
15.02Gross Misdemeanor and Misdemeanor Cases
15.03Alternative Methods in Misdemeanor and Gross Misdemeanor Cases
15.04Plea Discussions and Agreements
15.05Plea Withdrawal
15.06Plea Discussions and Agreements Not Admissible
15.07Plea to Lesser Offenses
15.08Plea to Different Offense
15.09Record of Proceedings
15.10Guilty Plea to Offenses From Other Jurisdictions
15.11Use of Guilty Plea Petitions When Defendant is Disabled in Communication
Appendix
Appendix A to Rule 15
Appendix B to Rule 15
Appendix C to Rule 15
Appendix D to Rule 15
Appendix E to Rule 15
Appendix F to Rule 15
Rule 16. Misdemeanor Prosecution by Indictment
Rule 17. Indictment, Complaint and Tab Charge
17.01Prosecution by Indictment, Complaint or Tab Charge
17.02Nature and Contents
17.03Joinder of Offenses and of Defendants
17.04Surplusage
17.05Amendment of Indictment or Complaint
17.06Motions Attacking the Charging Document
Rule 18. Grand Jury
18.01Summoning Grand Juries
18.02Organization of Grand Jury
18.03Who May Be Present
18.04Record of Proceedings
18.05Kind and Character of Evidence
18.06Finding and Return of Indictment
18.07Secrecy of Proceedings
18.08Tenure and Excusal
18.09Objections to Grand Jury and Grand Jurors
Rule 19. Warrant or Summons Upon Indictment; Appearance Before District Court
19.01Issuance
19.02Form
19.03Service of the Indictment
19.04Defendant's Appearance in Court
19.05Bail or Conditions of Release
19.06Record
Rule 20. Mentally Ill or Cognitively Impaired Defendants
20.01Competency Proceedings
20.02Defense of Mental Illness or Cognitive Impairment - Mental Examination
20.03Disclosure of Reports and Records of Defendant's Mental Examinations
20.04Simultaneous Examinations
Rule 21. Depositions
21.01When Taken
21.02Notice of Taking
21.03Expenses of Defendant and Counsel; Failure to Appear
21.04How Taken
21.05Transcription, Certification and Filing
21.06Use of Deposition
21.07Effect of Errors and Irregularities in Depositions
21.08Deposition by Stipulation
Rule 22. Subpoena
22.01For Attendance of Witnesses; For Documents
22.02By Whom Issued
22.03Service
22.04Place of Service
22.05Contempt
22.06Witness Outside the State
Rule 23. Petty Misdemeanors and Violations Bureaus
23.01Definition of Petty Misdemeanor
23.02Certification as Petty Misdemeanor by Sentence Imposed
23.03Violations Bureaus
23.04Certification as a Petty Misdemeanor in a Particular Case
23.05Procedure in Petty Misdemeanor Cases
23.06Effect of Conviction
Rule 24. Venue
24.01Place of Trial
24.02Venue in Special Cases
24.03Change of Venue
Rule 25. Special Rules Governing Exclusion of the Public from Pretrial Hearings and Prejudicial Publicity
25.01Pretrial Hearings - Motion to Exclude Public
25.02Continuance or Change of Venue
25.03Restrictive Orders
Rule 26. Trial
26.01Trial by Jury or by the Court
26.02Jury Selection
26.03Procedures During Trial
26.04Post-Verdict Motions
Rule 27. Sentence and Judgment
27.01Conditions of Release
27.02Presentence Investigation in Misdemeanor and Gross Misdemeanor Cases
27.03Sentencing Proceedings
27.04Probation Revocation
27.05Pretrial Diversion
Rule 28. Appeals to Court of Appeals
28.01Scope of Rule
28.02Appeal by Defendant
28.03Certification of Proceedings
28.04Appeal by Prosecutor
28.05Appeal from Sentence Imposed or Stayed
28.06Voluntary Dismissal
Rule 29. Appeals to Supreme Court
29.01Scope of Rule
29.02Right of Appeal
29.03Procedure for Appeals by Defendant in First-Degree Murder Cases
29.04Procedure for Appeals from Court of Appeals
29.05Procedure for Appeals by the Prosecutor in Post-Conviction Cases
29.06Procedure 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
30.01By Prosecutor
30.02By Court
Rule 31. Harmless Error and Plain Error
31.01Harmless Error
31.02Plain Error
Rule 32. Motions
Rule 33. Service and Filing of Documents; Signature
33.01Service; Where Required
33.02Service; On Whom Made
33.03Notice of Orders
33.04Filing
33.05Facsimile and Electronic Transmission
Rule 34. Time
34.01Computation
34.02Extension
34.03For Motions; Affidavits; Statements under Penalty of Perjury
34.04Additional Time After Service by Mail or Electronic Service Late in the Day
34.05Unaffected by Expiration
Rule 35. Courts and Court Administration
Rule 36. Search Warrants on Oral Testimony
36.01General Rule
36.02When Request by Oral Testimony Appropriate
36.03Application
36.04Testimony Requirements
36.05Issuance of Warrant
36.06Filing
36.07Contents of Warrant
36.08Execution
Rule 37. Search Warrants on Written Application
37.01General Rule
37.02Electronic Transmission and Signature
Order Authorizing E-Filing/E-Service Pilot Project in Criminal Cases

CRIMINAL FORMS

INDEX