Rule 34.03 – For Motions; Affidavits; Statements under Penalty of Perjury

May 13, 2021 | Criminal Procedure, Minnesota

A written notice of motion and motion, other than one that may be heard ex parte, must be served at least five days before the time specified for the hearing, unless a rule or court order fixes a different time. For cause, an order fixing a different time may be granted on ex parte application.

When a party supports a motion by affidavit or written statement signed under penalty of perjury pursuant to Minnesota Statutes, section 358.116, the supporting document must be served at least one day before the hearing, unless the court permits it to be served later.

Minn. R. Crim. P. 34.03

Amended April 22, 2015, effective July 1, 2015.