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Rule 9.01 – Prosecution Disclosure in Felony and Gross Misdemeanor Cases

May 13, 2021 | Criminal Procedure, Minnesota

Subd. 1. Prosecution Disclosure Without Court Order. The prosecutor must, at the defense’s request and before the Rule 11 Omnibus Hearing, allow access at any reasonable time to all matters within the prosecutor’s possession or control that relate to the case, except as provided in Rule 9.01, subd. 3, and make the following disclosures:

(1) Trial Witnesses; Other Persons; Grand Jury Witnesses.

(a) Trial Witnesses. The names and addresses of witnesses who may be called at trial, along with their record of convictions, if any, within the prosecutor’s actual knowledge. The defense must not make any comment in the jury’s presence that a name is on a witness list furnished by the prosecutor.
(b) Other Persons. The names and addresses of anyone else with information relating to the case.
(c) Grand Jury Witnesses. If the defendant has been charged by indictment, the names and addresses of the grand jury witnesses.
(2) Statements. Any of the following known to the prosecutor that relate to the case:

(a) written or recorded statements;
(b) written summaries of oral statements;
(c) the substance of oral statements.

The obligation to disclose the preceding types of statements applies whether or not the person who made the statement is listed as a witness.

(3) Documents and Tangible Objects. Any of the following that relate to the case:

(a) books, papers, documents;
(b) photographs;
(c) law enforcement officer reports;
(d) tangible objects;
(e) the location of buildings and places;
(f) grand jury transcripts;
(g) reports on prospective jurors.
(4) Reports of Examinations and Tests.

(a) The results or reports of physical or mental examinations, scientific tests, experiments, or comparisons made that relate to the case.
(b) In addition, the prosecutor must allow the defendant to conduct reasonable tests. If a test or experiment, other than those conducted under Minn. Stat. ch. 169A, might preclude any further tests or experiments, the prosecutor must give reasonable notice and opportunity to the defense so that a qualified expert may observe the test or experiment.
(c) A person who will testify as an expert but who created no results or reports in connection with the case must provide to the prosecutor for disclosure to the defense a written summary of the subject matter of the expert’s testimony, along with any findings, opinions, or conclusions the expert will give, the basis for them, and the expert’s qualifications.
(5) Criminal Records of Defendant and Defense Witnesses. The conviction records of the defendant and of any defense witnesses disclosed under Rule 9.02, subd. 1(3) and (8) that are known to the prosecutor, provided the defense informs the prosecutor of any of these records known to the defendant.
(6) Exculpatory Information. Material or information in the prosecutor’s possession and control that tends to negate or reduce the defendant’s guilt.
(7) Evidence Relating to Aggravated Sentence. Evidence the prosecutor may rely on in seeking an aggravated sentence.

Subd. 1a. Scope of Prosecutor’s Obligations; Inspection, Reproduction, and Documentation.

(1) Scope of Prosecutor’s Obligations. The prosecutor’s obligations under this rule extend to material and information in the possession or control of members of the prosecution staff and of any others who have participated in the investigation or evaluation of the case and who either regularly report, or with reference to the particular case have reported, to the prosecutor’s office.
(2) Inspection, Reproduction, and Documentation. The prosecutor must allow the defendant to inspect and reproduce any information required to be disclosed under this rule, as well as to inspect and photograph any object, place, or building required to be disclosed under this rule.

Subd. 2. Discretionary Disclosure By Court Order.

(1) Matters Possessed by Other Governmental Agencies. On the defendant’s motion, the court for good cause must require the prosecutor, except as provided by Rule 9.01, subd. 3, to assist the defendant in seeking access to specified matters relating to the case that are within the possession or control of an official or employee of any governmental agency, but not within the prosecutor’s control.

The prosecutor must use diligent good faith efforts to cause the official or employee to allow the defense reasonable access to inspect, photograph, copy, or have reasonable tests made.

(2) Nontestimonial Evidence from Defendant on Defendant’s Motion. On the defendant’s motion, the court for good cause may require the prosecutor to permit the defendant to participate in a lineup, to speak for identification by witnesses, or to participate in other procedures.
(3) Other Relevant Material. On the defendant’s motion, the trial court at any time before trial may, in its discretion, require the prosecutor to disclose to defense counsel and to permit the inspection, reproduction, or testing of any relevant material and information not subject to disclosure without order of court under Rule 9.01, subd. 1, provided, however, a showing is made that the information may relate to the guilt or innocence of the defendant or negate guilt or reduce the culpability of the defendant as to the offense charged. If the motion is denied, the court upon application of the defendant must inspect and preserve any relevant material and information.

Subd. 3. Non-Discoverable Information. The following information is not discoverable by the defendant:

(1) Work Product.

(a) Opinions, Theories, or Conclusions. Unless otherwise provided by these rules, legal research, records, correspondence, reports, or memoranda to the extent they contain the opinions, theories, or conclusions of the prosecutor, the prosecutor’s staff or officials, or official agencies participating in the prosecution.
(b) Reports. Except as provided in Rule 9.01, subd. 1(1) to (7), reports, memoranda, or internal documents made by the prosecutor or members of the prosecutor’s staff, or by prosecution agents in connection with the investigation or prosecution of the case against the defendant.
(2) Prosecution Witnesses Under Prosecutor’s Certificate. The information concerning the witnesses and other persons described in Rule 9.01, subd. 1(1) and (2) is not subject to disclosure if the prosecutor files a written certificate with the trial court that to do so may endanger the integrity of a continuing investigation or subject witnesses or other persons to physical harm or coercion. Non-disclosure under this rule must not extend beyond the time the witnesses or persons are sworn to testify at the trial.

Minn. R. Crim. P. 9.01