Minnesota Rules of Criminal Procedure
The Minnesota Rules of Criminal Procedure outline the criminal court process in Minnesota and address critical issues such as the scope of a criminal complaint, the pre-trial appearances that are required of a Defendant, the process of arrest and booking and plea agreements. Click below for a complete list of Minnesota Rules, with hyperlinks.
Rule 1. Scope, Application, General Purpose and Construction
1.01 Scope and Application
1.04 Definitions
Rule 2. Complaint
2.01 Contents; Before Whom Made
2.02 Approval of Prosecuting Attorney
2.03 Complaint Forms - Felony or Gross Misdemeanors
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 Under Warrant Following a Complaint or Without a Warrant
4.01 Arrest Under Warrant
4.02 Arrest Without a Warrant
4.03 Probable Cause Determination
Rule 5. Procedure on First Appearance
5.01 Statement to the Defendant
5.02 Appointment of Public Defender
5.03 Date of Rule 8 Appearance in District Court; Consolidation of Appearances Under Rule 5 and Rule 8
5.04 Plea in Misdemeanor Cases
5.05 Bail or Release
5.06 Record
Rule 6. Pretrial Release
6.01 Release on Citation by Law Enforcement Officer Acting Without Warrant
6.02 Release by Judge, Judicial Officer or Court
6.03 Violation of Conditions of Release
6.04 Forfeiture
6.05 Supervision of Detention
6.06 Trial Date in Misdemeanor Cases
Rule 7. Notice by Prosecuting Attorney of Evidence and Identification Procedures; Completion of Discovery
7.01 Notice of Evidence and Identification Procedures
7.02 Notice of Additional Offenses
7.03 Completion of Discovery
Rule 8. Defendant's Initial Appearance Before the District Court Following the Complaint or Tab Charge in Felony and Gross Misdemeanor Cases
8.01 Place of Appearance and Arraignment
8.02 Plea of Guilty
8.03 Demand or Waiver of Hearing
8.04 Plea and Time and Place of Omnibus Hearing
8.05 Record
8.06 Conditions of Release
Rule 9. Discovery in Felony and Gross Misdemeanor Cases
9.01 Disclosure by Prosecution
9.02 Disclosure by Defendant
9.03 Regulation of Discovery
Rule 10. Pleadings and Motions Before Trial; Defenses and Objections
10.01 Pleadings and Motions
10.02 Motions Attacking Jurisdiction of the Court in Misdemeanor Cases
10.03 Waiver
10.04 Service of Motions; Hearing Date
Rule 11. Omnibus Hearing in Felony and Gross Misdemeanor Cases
11.01 Place of Hearing
11.02 Hearing on Evidentiary Issues
11.03 Motions
11.04 Other Issues
11.05 Amendment of Complaint
11.06 Pleas
11.07 Continuances; Determination of Issues
11.08 Record
11.09 [Deleted]
11.10 Plea; Trial Date
11.11 Exclusion of Witnesses
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 Amendment of Complaint
12.06 Pleas
12.07 Continuances; Determination of Issues
12.08 Record
Rule 13. Arraignment in Felony and Gross Misdemeanor Cases
13.01 In Open Court
13.02 Right to Counsel
13.03 Copy and Reading of Charges
13.04 Plea
13.05 Record
Rule 14. Pleas
14.01 Pleas Permitted
14.02 Who May Plead
14.03 Time of Plea
Rule 15. Procedure Upon Plea of Guilty; Plea Agreements; Plea Withdrawal; Plea to Lesser Offense
15.01 Acceptance of Plea; Questioning Defendant; Felony and Gross Misdemeanor Cases
15.02 Acceptance of Plea; Questioning Defendant; Misdemeanor Cases
15.03 Alternative Methods in Misdemeanor Cases
15.04 Plea Discussion and Plea 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 Handicapped in Communications
Appendix A to Rule 15
Appendix B to Rule 15
Appendix C to Rule 15
Appendix D to Rule 15
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 Indictment, Complaint or Tab Charge
Rule 18. Grand Jury
18.01 Summoning Grand Juries
18.02 Objections to Grand Jury and Grand Jurors
18.03 Organization of Grand Jury
18.04 Who May be Present
18.05 Record of Proceedings
18.06 Kind and Character of Evidence
18.07 Finding and Return of Indictment
18.08 Secrecy of Proceedings
18.09 Tenure and Excuse
Rule 19. Warrant or Summons Upon Indictment; Appearance Before District Court
19.01 Issuance
19.02 Form
19.03 Execution or Service; Certification of Execution or Service
19.04 Appearance of Defendant Before Court
19.05 Bail or Conditions of Release
19.06 Record
Rule 20. Proceedings for Mentally Ill or Mentally Deficient
20.01 Competency to Proceed
20.02 Medical Examination of Defendant Upon Defense of Mental Deficiency or Mental Illness
20.03 Disclosure of Reports and Records of Defendant's Mental 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; Form; Issuance
22.02 For Production of Documentary Evidence and of Objects
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 Designation as Petty Misdemeanor by Sentence Imposed
23.03 Violations Bureaus
23.04 Designation 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 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 Selection of Jury
26.03 Procedures During Trial
26.04 Postverdict Motions
Rule 27. Sentence and Judgment
27.01 Conditions of Release
27.02 Presentence Investigation in 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 Prosecuting Attorney
28.05 Appeal from Sentence Imposed or Stayed
Rule 29. Appeals to Supreme Court
29.01 Scope of Rule
29.02 Right of Appeal
29.03 Procedure for Appeals in First Degree Murder Cases
29.04 Procedure for Appeals from Court of Appeals
29.05 Procedure for Appeals by the Prosecuting Attorney in Postconviction Cases
29.06 Procedure for Appeals by the Prosecuting Attorney from a Judgment of Acquittal or Vacation of Judgment After a Jury Verdict of Guilty or fro an Order Granting a New Trial
Rule 30. Dismissal
30.01 By Prosecuting Attorney
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 Papers
33.01 Service; Where Required
33.02 Service; How Made
33.03 Notice of Orders
33.04 Filing
33.05 Facsimile Transmission
Rule 34. Time
34.01 Computation
34.02 Enlargement
34.03 For Motions; Affidavits
34.04 Additional Time After Service by Mail
34.05 Unaffected by Expiration
Rule 35. Courts and Clerks
Rule 36. Search Warrants upon 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
