Rule 2.01 - Behavior and Ceremony in General(a) Acceptable Behavior. Dignity and solemnity shall be maintained in the courtroom whether in person or using remote technology. Appropriate courtroom clothing is required. Hats and head coverings that are not worn for religious or medical reasons shall be removed unless permitted by the presiding judicial officer . There shall be no consumption of food or beverages, with the exception of water by permission of the judge. There shall be no gum chewing, smoking or use of vaping products, unnecessary conversation, background noise , loud whispering, newspaper, electronic device or magazine reading, or other distracting activity in the courtroom while court is in session. While using remote technology, attorneys, parties, participants, and observers shall remain in a stationary location in front of the device camera, mute their microphone when not speaking, and not engage in distracting activities. The court or presiding judicial officer has discretion to limit or prohibit the use of electronic devices in the courtroom. The court or presiding officer's discretion is limited by Rule 4 of these Rules as it pertains to electronic devices used to photograph or record the proceedings. Permitted electronic devices must in all instances be set to silent mode, and must be used in an unobtrusive manner.(b) Flag. The flags of the United States and the State of Minnesota shall be displayed on or in close proximity to the bench when court is in session but need not be displayed at all times when using remote technology.(c) Formalities in Opening Court. At the opening of each court day, the formalities to be observed shall consist of the following: court personnel shall direct all physically present to stand, and shall say clearly and distinctly: Everyone please rise! The District Court of the ________Judicial District, County of ________, State of Minnesota is now open. Judge ________ presiding. Please be seated. (Rap gavel or give other signal immediately prior to directing audience to be seated.) At any time thereafter during the day that court is reconvened court personnel shall give warning by gavel or otherwise, and as the judge enters, cause all physically present to stand until the Judge is seated.
(The above rule (to) or (to not) apply to midmorning and midafternoon recesses of the court at the option of the judge.)
(d) The Jury Court personnel shall assemble the jurors when court is reconvened. When a jury has been selected and is to be sworn, the presiding judge or clerk shall request everyone physically present in the courtroom to stand.
(e) Court Personnel. Court personnel shall maintain order as litigants, witnesses and the public assemble in the courtroom, during trial and during recesses. Court personnel shall direct them to seats and refuse admittance to the courtroom in such trials where the courtroom is occupied to its full seating capacity. In proceedings where remote technology is used, court personnel shall assist with decorum as directed by the judge.(f) Swearing of Witnesses. When the witness is sworn, court personnel shall request the witness' full name, and after being sworn, courteously invite the witness if physically present to be seated on the witness stand.(g) Manner of Administration of Oath. Oaths and affirmations shall be administered to jurors and witnesses in a slow, clear, and dignified manner. Witnesses physically present in the courtroom should stand near the bench, or witness stand as sworn. The swearing of witnesses should be an impressive ceremony and not a mere formality.Amended effective 7/1/2015; amended effective 9/1/2018; amended effective 11/22/2023.Advisory Committee Comments-2015 Amendments
The amendments to Rule 2.01 bring the rule up to date with respect to modern distractions. The use of hand-held devices (such as mobile phones, smart phones, and laptop computers), or myriad other devices that are now ubiquitous can be just as distracting or disruptive as newspaper reading or loud conversation. The rule permits the presiding judge to place appropriate restrictions on the use of these devices. The rule incorporates the limitations of Rule 4 of these rules on the use of devices for audio- or video-recording of court proceedings.