MINNESOTA COURT RULES
CRIMINAL PROCEDURE
Minnesota Rules of Criminal Procedure
Revised effective January 1, 2010
With amendments effective through January 1, 2026
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 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 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 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 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) |