Rule 26.03 - Procedures During TrialSubd. 1. Defendant's Presence.(1) Presence Required. The defendant must be present at arraignment, plea, and for every stage of the trial including:(c) presentation of evidence;(f) any jury questions dealing with evidence or law;(h) sentencing. If the defendant is disabled in communication, a qualified interpreter must also be present at each proceeding.
(2) Presence Waived. The trial may proceed to verdict without the defendant's presence if: 1. The defendant is absent without justification after the trial starts; or2. The defendant, after warning, engages in conduct that justifies expulsion from the courtroom because it disrupts the trial or hearing. But, as an alternative to expulsion, the court may use restraints if necessary to ensure order in the courtroom.(3) Presence Not Required. 1. Corporations. A corporation may appear by counsel.2. Felony. In felony cases, the court may, on the defendant's motion, excuse the defendant's presence except at arraignment, plea, trial, and sentencing.3. Gross Misdemeanors. In gross misdemeanor cases, the court may, on the defendant's motion, excuse the defendant's presence except at trial.4. Misdemeanors. In misdemeanor cases, if the defendant consents either in writing or on the record, the court must excuse the defendant from appearing for arraignment or plea, and the court may excuse the defendant from appearing at trial or sentencing.5. ITV or Telephone. If a defendant consents, the court may allow the parties, lawyers, or the court to appear using ITV or telephone in any proceeding where the defendant could waive appearance under these rules.Subd. 2.Custody and Restraint of Defendants and Witnesses.a. During trial, the defendant must be seated to permit effective consultation with defense counsel and to see and hear the proceedings.b. During trial, an incarcerated defendant or witness must not appear in court in the distinctive attire of a prisoner.c. Defendants and witnesses must not be subjected to physical restraint while in court unless the court: 1. Finds the restraint necessary to maintain order or security; and2. States the reasons for the restraints on the record outside the hearing of the jury.d. If the restraint is apparent to the jury, and the defendant requests, the judge must instruct the jury that the restraint must not be considered in reaching the verdict.Subd. 3.Media Access and Courtroom Decorum.(a) The court must ensure the preservation of decorum in the courtroom.(b) The court may reserve seats in the courtroom for reporters.(c) The court may advise reporters about the proper use of the courtroom and other court facilities, or about courtroom decorum.Subd. 4.Preliminary Instructions. After the jury has been impaneled and sworn, and before the opening statements, the court may instruct the jury on the parties' respective claims and on other matters that will aid the jury in comprehending the order of trial and trial procedures. Preliminary instructions may include the: (b) presumption of innocence;(c) necessity of proof of guilt beyond a reasonable doubt;(d) factors the jury may consider in weighing testimony or determining credibility of witnesses;(e) rules applicable to opinion evidence;(f) elements of the offense;(g) other rules of law essential to the proper understanding of the evidence. The preliminary instructions must be disclosed to the parties before they are given, and any party may object to specific instructions or propose other instructions.
Subd. 5.Jury Sequestration.(1) Discretion of the Court. From the time the jurors are sworn until they retire for deliberations, the court may permit them and any alternate jurors to separate during recesses and adjournments, or direct that they remain together continuously under the supervision of designated officers.(2) On Motion. Any party may move for sequestration of the jury at the beginning of trial or at any time during trial. Sequestration must be ordered if the case is of such notoriety or the issues are of such a nature that, in the absence of sequestration, highly prejudicial matters are likely to come to the jurors' attention. Whenever sequestration is ordered, the court in advising the jury of the decision must not disclose which party requested sequestration.(3) During Deliberations. Unless the court has ordered sequestration under paragraph (2), the court may allow the jurors to separate over night during deliberations.(4) No Outside Contact. The supervising officers must not communicate with any juror concerning any subject connected with the trial, nor permit any other person to do so, and must return the jury to the courtroom as ordered by the court.Subd. 6.Exclusion of the Public From Hearings or Arguments Outside the Presence of the Jury. The following rules govern orders restricting public access to portions of the trial conducted outside the presence of the jury or restricting access to trial transcripts, or an order arising from a closed portion of the trial. (1) Grounds for Exclusion of Public. (a) If the jury is not sequestered, on motion of a party or the court's own motion, the court may order that the public be excluded from portions of the trial held outside the jury's presence if the court finds that public dissemination of evidence or argument at the hearing would likely interfere with an overriding interest, including the right to a fair trial.(b) Alternative Measures. Before restricting public access, the court must consider reasonable alternatives to restricting public access. The restriction must be no broader than necessary to protect the overriding interest involved, including the right to a fair trial.(2) Notice. If any party wishes to bring a motion excluding the public, the party must request a closed meeting with counsel and the court.(3) Closed Hearing and Public Notice. At the closed hearing, the court must review the evidence sought to be excluded from public access. If the court finds restriction appropriate, the court must schedule a hearing on the potential restrictive order. A hearing notice must be issued publicly at least 24 hours before the hearing. The notice must allow the public, including reporters, an opportunity to be heard on whether any overriding interests exist, including the right to a fair trial, that would justify closing the hearing to the public.(4) Hearing. At the hearing the court must disclose that evidence exists that may justify restricting access. The court must allow the public, including reporters, to suggest alternatives to a restrictive order.(5) Findings. An order and supporting findings of fact restricting public access must be in writing. The order must address alternatives to closure and explain why the alternatives are inadequate. Any matter relevant to the court's decision that does not endanger the overriding interests involved, including the right to a fair trial, must be decided on the record in open court.(6) Records. If the court closes a portion of the trial, a record of the non-public proceedings must be made. If anyone makes a request, the record must be transcribed at public expense. The record must be publicly available after the trial. The court may redact names from the record to protect the innocent.(7) Appellate Review. Anyone represented at the hearing or aggrieved by an order granting or denying public access may petition the Court of Appeals for review. This is the exclusive method for obtaining review. The Court of Appeals must determine whether the party who moved for public exclusion met the burden justifying the exclusion under this rule. The Court of Appeals may reverse, affirm, or modify the district court's order.
Subd. 7.Cautioning Parties, Witnesses, Jurors and Judicial Employees. The court may order attorneys, parties, witnesses, jurors, and employees and officers of the court not to make extra-judicial statements relating to the case or the issues in the case for public dissemination during the trial.Subd. 8.Sequestration. The court may sequester witnesses from the courtroom before their appearance.Subd. 9.Admonitions to Jurors. The court may advise the jurors not to read, listen to, or watch news reports about the case.Subd. 10.Questioning Jurors About Exposure to Potentially Prejudicial Material in the Course of a Trial. If the court determines that material disseminated outside the trial proceedings raises questions of possible prejudice, the court may on its initiative, and must on motion of either party, question each juror, out of the presence of the others, about the juror's exposure to that material. The examination must take place in the presence of counsel, and a record of the examination must be made.Subd. 11.View by Jury.a. The court may allow the jury to view a place relevant to a case at any time before closing arguments if doing so would be helpful to the jury in deciding a material factual issue.b. At the viewing: (1) The jury must be kept together under the supervision of an officer appointed by the court;(2) The judge and the court reporter must be present;(3) The prosecutor, defendant and defense attorney have the right to be present; and(4) Others may be present if authorized by the court.c. The purpose of the viewing is limited to visual observation of the place in question, and neither the parties, nor counsel or the jurors while viewing the place may discuss the significance or implications of anything under observation or any issue in the case.Subd. 12.Order of Jury Trial.a. The jury is selected and sworn.b. The court may deliver preliminary jury instructions.c. The prosecutor may make an opening statement limited to the facts the prosecutor expects to prove.d. The defendant may make an opening statement after the prosecutor's opening statement, or make an opening statement at the beginning of the defendant's case. The defendant's statement must be limited to the defense and the facts the defendant expects to offer supporting that defense.e. The prosecutor presents evidence in support of the state's case.f. The defendant may offer evidence in defense.g. The prosecutor may rebut the defense evidence, and, the defense may rebut the prosecutor's evidence. In the interests of justice, the court may allow any party to reopen that party's case to offer additional evidence.h. The prosecutor may make a closing argument.i. The defendant may make a closing argument.j. The prosecutor may make a rebuttal argument limited to a direct response to the defendant's closing argument.k. On motion, the court may allow a defense rebuttal if the court finds the prosecution has made a misstatement of law or fact or an inflammatory or prejudicial statement in rebuttal. Rebuttal must be limited to a direct response to the misstatement of law or fact or the inflammatory or prejudicial statement.l. Outside the jury's presence, the court must allow the parties to object to the other party's argument and request curative instructions. The parties may also object and seek curative instructions before or during argument.m. The court instructs the jury.n. The jury deliberates and, if possible, renders a verdict.Subd. 13.Note Taking. Jurors may take notes during the presentation of evidence and use them during deliberation.Subd. 14.Substitution of Judge.(1) Before or During Trial. If a judge is unable to preside over pretrial or trial proceedings due to death, illness, or other disability, any other judge in the district, once familiar with the record, may finish the proceedings or trial.(2) After Verdict or Finding of Guilt. If a judge is unable to preside due to death, illness or other disability after verdict or finding of guilt, any other judge in the district may finish the proceedings. If the subsequent judge determines the proceedings cannot be finished because the judge did not preside at the trial, the judge may order a new trial.(3) Interest or Bias of Judge. A judge must not preside at a trial or other proceeding if disqualified under the Code of Judicial Conduct. A request to disqualify a judge for cause must be heard and determined by the chief judge of the district or by the assistant chief judge if the chief judge is the subject of the request.(4) Notice to Remove. A party may remove a judge assigned to preside at a trial or hearing as follows: (a) A notice to remove must be served on the opposing counsel and filed with district court within 7 days after the party receives notice of the name of the presiding judge at the trial or hearing;(b) The notice must be filed before the start of the trial or hearing; and(c) The notice is not effective against a judge who already presided at the trial, Omnibus Hearing, or evidentiary hearing if the removing party had notice the judge would preside at the hearing.(5) After a party removes a judge under subdivision 14(4) that party may remove a subsequent judge only for cause.(6) Recusal. The court may recuse itself from presiding over a case without a motion.(7) Assignment of New Judge. If a judge is unavailable for any reason under this rule, the chief judge of the judicial district must assign another judge within the district to hear the matter. If no other judge in the district is available, the chief judge must notify the chief justice. The chief justice must assign a judge of another district to preside over the matter.Subd. 15.Objections. An objection to a court order or ruling is preserved for appeal if the party indicates on the record its objection or position. If no opportunity existed to object or indicate a position, the absence of an objection or stated position does not prejudice the party.Subd. 16.Evidence. At trial, witness testimony must be taken in open court, unless these rules provide otherwise. Jurors may not submit questions to a witness directly or through the judge or attorneys.
If either party offers an audio or video recording, that party must not be required by the court to offer or provide a transcript of the recording as a prerequisite to admissibility. If the party provides a transcript of the evidence, and the court admits the transcript as an illustrative exhibit, the transcript becomes part of the record, used for illustrative purposes with the exhibit only. The court reporter must not transcribe video or audio evidence.
Subd. 17.Interpreters. The court must appoint and compensate interpreters as provided under Rule 8 of the General Rules of Practice for District Courts. Interpreters may be appointed and be present during deliberations for a juror with a sensory disability.Subd. 18.Motion for Judgment of Acquittal or Insufficient Evidence for an Aggravated Sentence.(1) Before Deliberations. (a) Charged Offense. At the close of evidence for either party, the defendant may move for, or the court on its own may order, a judgment of acquittal on one or more of the charges if the evidence is insufficient to sustain a conviction.(b) Aggravated Sentence. The defendant may move for, or the court on its own may order, that any aggravating factors be withdrawn from consideration by the jury if the evidence is insufficient to prove them.(2) Reservation of Decision. If the defendant's motion is made at the close of the prosecution's case, the court must rule on the motion. If the defendant's motion is made at the close of the defendant's case, the court may reserve ruling on the motion, submit the case to the jury, and rule before or after verdict. If the court grants the defendant's motion after a verdict of guilty, the court must make a written finding stating the reason for the order.(3) After Verdict or Discharge.(a) If the jury returns a verdict of guilty or is discharged without verdict, a motion for a judgment of acquittal may be brought within 15 days after the jury is discharged or within any further time as the court may fix during the 15-day period.(b) If the jury finds aggravating factors, the defendant may move the court to determine that the evidence is insufficient to sustain them.(c) If the court grants the defendant's motion for a judgment of acquittal or determines that the evidence is insufficient to sustain the aggravating factors, the court must make written findings stating the reasons for the order.(d) If no verdict is returned, the court may enter judgment of acquittal. If no finding of an aggravating factor is made, the court may enter a finding of insufficient evidence to support an aggravated sentence.(e) A motion for a judgment of acquittal or that the evidence is insufficient to sustain an aggravated sentence is not barred by a failure to move before deliberations.Subd. 19.Instructions.(1) Requests for Instructions. Any party may request specific jury instructions at or before the close of evidence. The request must be provided to all parties.(2) Proposed Instructions. The court may, and on request must, tell the parties on the record before the arguments to the jury what instructions will be given to the jury including a ruling on the requests made by any party.(3) In Argument. Any party may refer to the instructions during final argument.(4) Objections. (a) No party may claim error for any instruction not objected to before deliberation.(b) The party's objection must state specific grounds.(c) The court must give the parties the opportunity to object outside the jury's presence.(d) The objection must be made on the record.(e) All instructions, given or refused, must be made a part of the record.(f) Objections to instructions claiming error in fundamental law or controlling principle may be included in a motion for a new trial even if not raised before deliberations.(5) Giving of Instructions. The court may instruct the jury before or after argument. Preliminary instructions need not be repeated. The instructions may be in writing and may be taken into the jury room during deliberations.(6) Contents of Instructions. The court must instruct the jury on all matters of law necessary to render a verdict and must instruct the jury that they are the exclusive judges of the facts. The court must not comment on evidence or witness credibility, but may state the respective claims of the parties.(7) Verdict Forms. The court must submit appropriate verdict forms to the jury. An aggravated sentence form must be in the form of a special interrogatory.Subd. 20.Jury Deliberations and Verdict.(1) Materials Allowed in Jury Room. Except as provided in this rule, the court must permit received exhibits or copies into the jury room including audio or video exhibits. The court may exclude audio or video exhibits from the jury room under the following circumstances: (a) if the court determines that allowing the exhibits into the jury room is not feasible, or(b) a party objects that allowing the exhibits into the jury room will result in prejudice to the party and the court makes a determination that the party is likely to experience prejudice. The court must not permit into the jury room depositions admitted in lieu of live testimony, or audio and video exhibits that contain oral statements that would unfairly deemphasize live testimony. The court may permit a copy of jury instructions into the jury room.(2) Requests to Review Evidence. The court may allow the jury to review specific evidence. (a) If the jury requests review of specific evidence during deliberations, the court may permit review of that evidence after notice to the parties and an opportunity to be heard.(b) Any jury review of depositions admitted in lieu of live testimony, and audio or video exhibits not permitted in the jury room under paragraph (1) of this rule, must occur in open court. The court must instruct the jury to suspend deliberations during the review.(c) The prosecutor, defense counsel, and the defendant must be present for the proceedings described in paragraphs (a) and (b), but the defendant may personally waive the right to be present.(d) The court need not submit evidence beyond what the jury requested but may submit additional evidence on the same issue to avoid giving undue prominence to the requested evidence.(3) Additional Instructions. If the jury asks for additional instruction on the law during deliberation, the court must give notice to the parties. The court's response must be given in the courtroom. (a) The court may give additional instructions.(b) The court may reread portions of the original instructions.(c) The court may tell the jury that the request deals with matters not in evidence or not related to the law of the case.(d) The court may tell the jury that the request is a factual matter that the jury, not the judge, must determine.(e) The court need not give instructions beyond the jury's request, but may do so to avoid giving undue prominence to the requested instructions.(f) The court may give additional instructions without a jury request during deliberations. The court must give notice to the parties of its intent to give additional instructions.(4) Deadlocked Jury. The jury may be discharged without a verdict if the court finds there is no reasonable probability of agreement.(5) Polling the Jury. (a) When a verdict is returned, or the jury answered special interrogatories related to an aggravated sentence, and before the jury is discharged, either party may request that the jury be polled. The court must poll the jury on request. The court may poll the jury on its own initiative.(b) The poll must be done by the court or the court's clerk. Each juror must be asked individually whether the announced verdict or finding is that juror's verdict or finding.(c) If a juror indicates the announced verdict or finding is not that juror's verdict or finding, the court may return the jury to deliberations or discharge the jury. (6) Verdict Impeachment. A defendant may move the court for a hearing to impeach the verdict. Juror affidavits are not admissible to impeach a verdict. At an impeachment hearing, jurors must be examined under oath and their testimony recorded. Minnesota Rule of Evidence 606(b) governs the admissibility of evidence at an impeachment hearing.(7) Partial Verdicts. The court may accept a partial verdict if the jury has reached a verdict on fewer than all of the charges and is unable to reach a verdict on the rest.Amended effective 3/1/2020; amended effective 7/3/2023