Rule 32 – Motions

by | May 13, 2021 | Criminal Procedure, Minnesota

Requests to the court for an order must be by motion. A motion other than one made during a trial or hearing must be in writing, unless the court or these rules permit it to be made orally. The motion must state the grounds on which it is made and must set forth the...

Rule 31.02 – Plain Error

by | May 13, 2021 | Criminal Procedure, Minnesota

Plain error affecting a substantial right can be considered by the court on motion for new trial, post-trial motion, or on appeal even if it was not brought to the trial court’s attention.Minn. R. Crim. P. 31.02Comment-Rule 31On appeal, the plain error doctrine...

Rule 30.02 – By Court

by | May 13, 2021 | Criminal Procedure, Minnesota

The court may dismiss the complaint, indictment, or tab charge if the prosecutor has unnecessarily delayed bringing the defendant to trial.Minn. R. Crim. P. 30.02Comment-Rule 30Stated reasons for dismissal under Rule 30.01 may include satisfactory completion of a...

Rule 30.01 – By Prosecutor

by | May 13, 2021 | Criminal Procedure, Minnesota

The prosecutor may dismiss a complaint or tab charge without the court’s approval, and may dismiss an indictment with the court’s approval. The prosecutor must state the reasons for the dismissal in writing or on the record. In felony cases, if the...