1997 Minnesota Statutes

     480.0591 Rules of evidence. 

    Subdivision 1.    Authority to promulgate.  The supreme 
 court may promulgate rules of evidence regulating all 
 evidentiary matters in civil and criminal actions in all courts 
 of the state.  Such rules shall not abridge, enlarge or modify 
 the substantive rights of any person. 

    Subd. 2.    Advisory committee.  Before any such rules 
 are adopted the supreme court shall appoint an advisory 
 committee consisting of eight lawyers licensed to practice law 
 in the state and at least two judges of the district court and 
 one judge of a court exercising municipal court jurisdiction to 
 assist the court in considering and preparing such rules. 

    Subd. 3. Repealed, 1993 c 13 art 1 s 44 

    Subd. 4.    Distribution of proposed rules; hearing.  
 Before any such rule is adopted, the supreme court shall 
 distribute copies of the proposed rule to the judiciary and 
 attorneys of the state for their consideration and suggestions 
 and give due consideration to such suggestions as they may 
 submit to the court.  The Minnesota state bar association, or a 
 professional judicial organization may file with the court a 
 petition specifying their suggestions concerning any existing or 
 proposed rule and requesting a hearing thereon.  The court shall 
 thereupon grant a hearing thereon within six months after the 
 filing of the petition. 

    Subd. 5.    Promulgation.  (1)   Effective date of 
 rules; publication.  All rules promulgated under this section 
 shall be effective at a time fixed by the court and shall be 
 published in the appendix to the official reports of the supreme 
 court and shall be bound therewith. 

    (2)   Printing, publishing and distributing.  The 
 commissioner of administration shall print, publish and 
 distribute copies thereof to the judiciary and attorneys as 
 required by law.  The commissioner shall make 500 copies 
 available, without cost, to the superintendent of the bureau of 
 criminal apprehension for distribution by the superintendent to 
 local law enforcement agencies of the state. 

    Subd. 6.    Present laws effective until modified; rights 
 reserved.  Present statutes relating to evidence shall be 
 effective until modified or superseded by court rule.  If a rule 
 of evidence is promulgated which is in conflict with a statute, 
 the statute shall thereafter be of no force and effect.  The 
 supreme court, however, shall not have the power to promulgate 
 rules of evidence which conflict, modify, or supersede the 
 following statutes: 

    (a) statutes which relate to the competency of witnesses to 
 testify, found in sections 595.02 to 595.025; 

    (b) statutes which establish the prima facie evidence as 
 proof of a fact; 

    (c) statutes which establish a presumption or a burden of 
 proof; 

    (d) statutes which relate to the admissibility of 
 statistical probability evidence based on genetic or blood test 
 results, found in sections 634.25 to 634.30; 

    (e) statutes which relate to the privacy of communications; 
 and 

    (f) statutes which relate to the admissibility of certain 
 documents. 

    The legislature may enact, modify, or repeal any statute or 
 modify or repeal any rule of evidence promulgated under this 
 section. 

    HIST: 1974 c 481 s 1; 1986 c 444; 1993 c 326 art 7 s 12