Rule 28.03 – Certification of Proceedings

May 13, 2021 | Criminal Procedure, Minnesota

In the following circumstances, when any question of law arises that in the district court’s opinion is so important or doubtful that the Court of Appeals should decide it, and the defendant requests or consents, the judge must report the case to present the question of law, and certify the report to the Court of Appeals:

(1) at the trial of any person convicted in any court;
(2) upon any motion to dismiss a charging document; or
(3) upon any motion relating to the charging document.

Certification stays all proceedings in the district court until the Court of Appeals decides the question presented. The prosecutor must, upon certification of the report, promptly furnish a copy to the Minnesota Attorney General at the expense of the governmental unit responsible for the prosecution.

The court may stay other criminal cases it has pending that involve or depend on the same question, if the defendant so requests or consents to the stay, until the appellate court decides the certified question. Briefs must be filed and served as provided in Rule 28.04, subd. 2(3), unless the appellate court directs otherwise.

Minn. R. Crim. P. 28.03

Amended April 22, 2015, effective July 1, 2015