Electronic Transmission and Signature

Search warrant applications, including requests for orders under Minnesota Statutes, chapter 626A, search warrants, and orders may be signed and transmitted electronically. A search warrant or order signed electronically or sent by electronic means is valid and enforceable. If the judge administers an oath via telephone, radio, or similar means of communication, and the applicant does no more than attest to the contents of a signed statement that was transmitted electronically, a verbatim recording of the oath and attestation is not required. The judge must note on the warrant that the person submitting the application was duly sworn and by what means of communication. If any oral testimony is to be taken in support of the application, the judge must proceed as required by Rule 36. (Added effective October 1, 2016.) Comment - Rule 37 Search warrants may be requested by a written affidavit signed under oath, a signed statement attested to under oath, a written statement signed under penalty of perjury, or by sworn oral testimony, and may be obtained in person and signed on paper, exchanged electronically and signed on paper, or exchanged and signed electronically. The rules do not require a warrant to be obtained in a particular manner. With the number of variations in how a warrant may be requested, how the documents may be transmitted, and how the signature may be applied, there is no longer what was traditionally considered an "original" warrant in many circumstances. Regardless of the method by which the warrant was obtained, if the warrant was requested and signed under one of the approved processes, the warrant is valid and enforceable. PILOT PROJECT PROVISIONS FOR E-FILING AND E-SERVICE IN CRIMINAL MATTERS 1a. Who May Electronically File and Serve. During the Pilot Project, attorneys, government agencies, and parties designated by the State Court Administrator in consultation with the district court may, upon registering with the electronic filing service provider designated by the State Court Administrator ("Designated Provider"), electronically file documents other than charging documents1 with the district courts designated by the State Court Administrator ("District Courts"). Electronic filing and electronic service shall be accomplished through the Designated Provider's Internet-accessible electronic filing and service system ("E-Filing System"). Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 180 MINNESOTA COURT RULES Registered attorneys, government agencies, and parties may electronically serve documents on other registered attorneys, government agencies, and parties in criminal cases provided that the attorney, government agency, or party to be served has designated an e-mail address for receiving electronic service in the E-Filing System. The District Courts may electronically file and serve any orders, notices, including notice of entry of an order under Minn. R. Crim. P. 33.03, or other documents in criminal cases provided that the attorney, government agency, or party to be served has designated an e-mail address for receiving electronic service in the E-Filing System. 1b. What Documents May be Electronically Transmitted; Alternative Method. In addition to motions, notices, and similar papers required to be served and filed under Minn. R. Crim. P. 33, other documents may be electronically filed, provided, forwarded, or transmitted under this Order. Such documents include: (a) the guidelines worksheet and presentence investigation reports under Minn. R. Crim. P. 27.03, subd. 1(B)(5), and Minnesota Statutes, section 609.115, subdivision 4; (b) the documents under Minn. R. Crim. P. 33.05; and (c) the sentencing order and warrant of commitment under Minn. R. Crim. P. 27.03, subd. 7, and Minnesota Statutes, sections 243.49 and 631.41. Additionally, if authorized by the State Court Administrator in consultation with the District Court, the documents described in clauses (a) - (c) may be electronically filed with the District Court or forwarded or transmitted to government agencies via Court Integration Services. Court Integration Services facilitates application-to-application electronic exchange of data between the court and its business partners; government agencies may register for Court Integration Services under the process established by the State Court Administrator. 2. Registration and Designation of E-Mail Address for Service. An attorney, government agency, or party is registered with the Designated Provider when they have entered into a subscriber agreement with the Designated Provider and obtained an E-Filing System user identification and password generated according to the Designated Provider's protocols. Registered attorneys, government agencies, or parties electronically filing documents shall diligently monitor the E-Filing System filing queue, and designate in the E-Filing System an e-mail address for receiving electronic service, as directed by the District Court. Registered attorneys, government agencies, and parties who have used the E-Filing system for a case shall maintain a designated e-mail address for receiving electronic service until all applicable appeal periods have expired for the case. 3. Document Format. Documents filed electronically shall be in the format required by Minn. Gen. R. Prac. 14.03. 4. Effect of Electronic Filing or Service. A document electronically filed or served by the District Court or a registered attorney, government agency, or party under this order has the same legal effect as an original document filed or served in paper form. 5. Signatures. a. Applicability of General Rules of Practice. The provisions of Minn. Gen. R. Prac. 14.04, clauses (a) through (d) apply to all documents electronically filed and served using the E-Filing System. b. Certification; Retention. By electronically filing or submitting a document using the E- Filing System, the registered attorney, government agency, or party filing or serving is certifying compliance with the signature requirements of the applicable rules, and the signatures on the document shall have the same legal effect as the signatures on the original document. A registered attorney, government agency, or party electronically filing or serving a document using the E-Filing system shall maintain the original document bearing actual signatures, if in paper form, or electronic Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 181 CRIMINAL PROCEDURE MINNESOTA COURT RULES signatures if the original is in electronic form, and shall make the original document available upon reasonable request of the District Court, the signatories, or other parties. 6. Time of Filing; Fees. A document that is electronically filed under these provisions is deemed to have been filed with the court administrator on the date and time of its transmittal to the District Court through the E-Filing System, and the filing shall be stamped with this date and time subject to acceptance by the court administrator. If the filing is not subsequently accepted by the court administrator (e.g., for nonpayment of all applicable fees, attempted filing into the wrong case, or clearly incorrect venue as indicated in the caption), the date stamp shall be removed and the document electronically returned to the person who filed it. The District Court shall establish procedures for payment of any applicable fees electronically. 7. Effective Date of Service; Proof. a. Service via E-Filing System. Except when service is otherwise prohibited, service by authorized electronic means using the court's E-Filing System as defined by Minn. Gen. R. Prac. 14 is complete: (1) upon completion of the electronic transmission of the document(s) to the E-Filing System if the E-Filing System service command is used; and (2) upon acceptance of the electronic filing by the court, as provided in Rule 14, if the E- Filing System joint service and filing command is used. b. Technical Errors; Relief. A motion for relief because of a technical error may be made, and relief may be granted, as provided in Minn. Gen. R. Prac. 14.01(f). c. Proof of Service. Proof of service of documents served using the E-Filing System is governed by Minn. Gen. R. Prac. 14.05 8. Sealed and Confidential Documents. Minn. Gen. R. Prac. 14.06 governs electronic filing of sealed and confidential documents, except that during this pilot, a document to be filed under seal or as confidential may be filed in paper form if required or permitted by the court, and a motion to file a document in paper form under seal or as confidential may, but is not required to be, filed and served electronically. 9. Records: Official; Appeal; Certified Copies. Minn. Gen. R. Prac. 14.07 applies to documents electronically filed under this Order. 10. Access to Documents. A document electronically filed or served under these provisions shall be accessible as provided in the applicable court rules and statutes, including the Rules of Public Access to Records of the Judicial Branch. (Added effective September 1, 2012.) 1Electronic filing of charging documents is governed by Minn. R. Crim. P. 1.06, and is not governed by these Pilot Project provisions. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 182 MINNESOTA COURT RULES CRIMINAL FORMS Introductory Statement The following forms are limited in number. No attempt is made to furnish a complete manual of forms. For all complaints charging a misdemeanor offense the prosecuting attorney, judge, judicial officer or clerk of court authorized to issue process shall use the appropriate form as set forth in the following criminal forms or a form substantially in compliance with these forms. The other forms provided herein are not mandatory, but shall be accepted by the court if offered by any party or counsel for their designated purpose. Comment The Final Report of the Minnesota Supreme Court Task Force on Racial Bias in the Judicial System (1993) recommends that all judicial forms and documents be drafted in easily translatable English, and be translated by approved legal translators into such additional languages as the State Court Administrator approves. It is recommended that any criminal forms that are translated consist of both English and the additional language. Form 1 2 3 4 [Deleted] [Deleted] [Deleted] [Deleted] 4a Gross Misdemeanor Charging by Tab Charge. 5 6 7 8 9 10 11 12 13 14 15 [Deleted] [Deleted] Application and Summons for Obtaining Defendant's Appearance in Court for Failure to Appear in Response to Summons or Citation. Application and Warrant for Obtaining Defendant's Appearance in Court for Failure to Appear in Response to Summons or Citation. Application and Summons for Obtaining Defendant's Appearance for Violation of Conditions of Release, Pursuant to Rule 6.03, Subd. 1. Application and Warrant for Obtaining Defendant's Appearance for Violation of Conditions of Release, Pursuant to Rule 6.03, Subd. 1. Petition to Proceed as Pro Se Counsel. Demand for Trial Pursuant to Rule 6.06 or Rule 11.10. Notice by Prosecuting Attorney of Evidence and Identification Procedures, Pursuant to Rule 7.01. Notice by Prosecuting Attorney of Evidence of Additional Offense(s) to Be Offered at Trial, Pursuant to Rule 7.02. Demand or Waiver of Misdemeanor Evidentiary Hearing, Pursuant to Rules 5.04, Subd. 4 and 12.04. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 183 CRIMINAL PROCEDURE MINNESOTA COURT RULES 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Notice of Prosecuting Attorney in Felony Case That Matter Will Be Presented to Grand Jury. Motion to Extend Time of Omnibus Hearing in Felony or Gross Misdemeanor Case, Pursuant to Rule 8.04(c). Notice of Defense(s) and Defense Witnesses for Felony or Gross Misdemeanor Cases, Pursuant to Rule 9.02, Subd. 1(3)(a). Motion by Prosecuting Attorney for Discovery by Order of the Court in Felony or Gross Misdemeanor Case. Findings and Order for Discovery in Felony or Gross Misdemeanor Case. Motion to Dismiss or Grant Appropriate Relief, Pursuant to Rules 10, 11.03, 12.02, 17.06, 32 or 33. No Indictment Returned, Pursuant to Rule 18.07. Warrant Upon Indictment, Pursuant to Rule 19.02, Subd. 1. Summons Upon Indictment Pursuant to Rule 19.02, Subd. 2. Grand Jury Subpoena--Subpoena Duces Tecum. [Deleted] [Deleted] [Deleted] [Deleted] [Deleted] Designation as a Petty Misdemeanor in a Particular Case. [Deleted] 32a Waiver of Jury Trial Pursuant to Rule 26.01, Subd. 1(2)(a), (b). 32b Waiver of Rights and Agreement Regarding Rule 26.01, Subd. 3. 32c Waiver of Rights and Agreement Regarding Rule 26.01, Subd. 4. 33 34 35 36 37 38 39 40 41 Notice of Appeal by Defendant to Court of Appeals. Notice of Appeal by Prosecuting Attorney to the Court of Appeals From Pretrial Order(s) of the District Court. Notice of Cross-Appeal to Court of Appeals by Defendant Upon Appeal by the State. Petition for Review of Decision of the Court of Appeals. Waiver of Counsel on Direct Appeal. Waiver of Counsel on Post-Conviction Proceedings. Request for Determination of Competency to Proceed Pro Se on Appeal. Receipt of Transcript by Appellant. Certificate of Receipt of Transcript From Appellant. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 184 MINNESOTA COURT RULES 42 43 44 45 46 47 48 Dismissal of Complaint, by Prosecuting Attorney, Pursuant to Rule 30.01. State Dismissal of Indictment, Pursuant to Rule 30.01. Application for Judicial Determination of Probable Cause to Detain. Judicial Determination of Probable Cause to Detain. Notice of Judicial Determination of Probable Cause to Detain. [Deleted] Order on Application for Public Defender. 49A [Deleted] 49B [Deleted] 50 51 Jury Questionnaire. Consent to ITV Appearance. FORMS FORM 1 - COMPLAINT -- SUMMONS FOR MISDEMEANOR OR PETTY MISDEMEANOR [Deleted] FORM 2 - COMPLAINT--WARRANT FOR MISDEMEANOR [Deleted] FORM 3 - COMPLAINT--ORDER OF DETENTION FOR MISDEMEANOR [Deleted] FORM 4 - CITATION FOR MISDEMEANOR OR PETTY MISDEMEANOR [Deleted effective August 1, 2012] Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 185 CRIMINAL PROCEDURE MINNESOTA COURT RULES FORM 4A. GROSS MISDEMEANOR CHARGING BY TAB CHARGE _____________________________________________________________________________ STATE OF MINNESOTA COUNTY OF ___________ State of Minnesota, DISTRICT COURT __________ JUDICIAL DISTRICT vs. MINN. R. CRIM. P. 4.02, SUBD. 5(3) Plaintiff, TAB CHARGE PURSUANT TO _________________________________, Defendant. To:____________County District Court and _________________ County Jail From: Arresting Officer: (Please Print) _____________________ Badge Number: __________ Pursuant to Minnesota Rules of Criminal Procedure 4.02, subd. 5(3), the above-named officer hereby requests that the named defendant be processed for the designated Gross Misdemeanor (GM) indicated below and as defined by Minnesota Rules of Criminal Procedure 1.04 (b). Defendant Name: ______________________________________ DOB: ____/____/____ Driver's License No. _________________ State: ____________ Date of Offense: __/__/__ City of Occurrence: __________________ Controlling Agency: MN - __________________ Control Number/ICR: ________________ Court File No. (Provided by Court/Jail): ______ (Check Boxes) Designated GM Offense Charge Penalty (must check one) MOC □ □ □ □ □ □ UI Alcohol 169A.20, 1(1) □ 169A.25 □ 169A.26 J_____501 E F 2nd Degree (E) 3rd Degree (F) Circle E or F UI Controlled Substance UI Hazardous Substance 169A.20, 1(2) □ 169A.25 □ 169A.26 J_____601 E F 169A.20, 1(3) □ 169A.25 □ 169A.26 J_____H01 E F UI Combination 169A.20, 1(4) □ 169A.25 □ 169A.26 J_____G01 E F Alcohol .08 or More Within 2 Hours of Driving Alcohol .04 or More Within 2 Hours of Driving - Commercial Vehicle 169A.20, 1(5) □ 169A.25 □ 169A.26 J_____W01 E F 169A.20, 1(6) □ 169A.25 □ 169A.26 J_____K01 E F Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 186 MINNESOTA COURT RULES □ □ □ Schedule I or II Controlled Substance Refusal to Submit To Test 169A.20, 1(7) □ 169A.25 □ 169A.26 J_____S01 E F 169A.20, 2 □ 169A.25 □ 169A.26 J_____R01 E F Other (specify): _________________________________________________________ Court Status: (Check one) □ □ Defendant incarcerated in ______________ County Jail to be held in custody pending court appearance. Defendant released on his/her own recognizance and assigned the following court date. Date: ____/____/____ Time: _____________________________________ Location: __________________________________ County Courthouse Address: _______________________________________________________________ Bail/Bond Status: (Check One) Date: ___/___/___ □ □ □ □ Maximum $12,000 bail under Minnesota Statutes, section 629.471, or conditional release under Minnesota Statutes, section 169A.44. Bail was posted in the amount of $________. Bond was posted in the amount of $________. No bail/bond was required. Dated: ____/____/____ __________________________________________ Officer's signature __________________________________________ Officer's Name and Badge Number (if different from arresting officer) (Added effective September 29, 2000; amended effective for criminal actions commenced or arrests made after 12 o'clock midnight March 1, 2006.) FORM 5 - CITATION FOR FELONY OR GROSS MISDEMEANOR [Deleted effective August 1, 2012] FORM 6 - COMPLAINT -- FOR MISDEMEANOR OR PETTY MISDEMEANOR [Deleted] Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 187 CRIMINAL PROCEDURE MINNESOTA COURT RULES FORM 7 - APPLICATION AND SUMMONS FOR OBTAINING DEFENDANT'S APPEARANCE IN COURT FOR FAILURE TO APPEAR IN RESPONSE TO SUMMONS OR CITATION STATE OF MINNESOTA COUNTY OF ___________ ______________________________, Plaintiff, vs. ______________________________, Defendant. DISTRICT COURT __________ JUDICIAL DISTRICT ) ) ) ) ) ) ) ) ) APPLICATION AND SUMMONS FOR OBTAINING DEFENDANT'S APPEARANCE IN COURT FOR FAILURE TO APPEAR IN RESPONSE TO SUMMONS OR CITATION District Court File No. _____________ APPLICATION FOR OBTAINING DEFENDANT'S APPEARANCE IN COURT As the above-named Defendant has failed to appear in Court as instructed by the Complaint-- Summons served upon the Defendant or Citation issued to the Defendant by ____________ on the ___ day of __________, 20__, I therefore request that Defendant be summoned to appear in Court and otherwise be dealt with according to law. Dated: _____________________ _________________________________________ (Prosecuting Attorney) Name: Attorney License No.: Title: Address: Telephone No.: SUMMONS TO: The above-named Defendant. AS PROBABLE CAUSE has previously been established by the Complaint--Summons or Complaint Following Citation dated and filed on the ___ day of __________, 20__, charging the Defendant with the offense of _______________ and as you failed to appear in Court as instructed in the Complaint--Summons or Citation. YOU ARE HEREBY SUMMONED to appear on the ___ day of __________, 20__, at ___ o'clock __.m., before the above-named Court at ____________________________, (Room No.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 188 MINNESOTA COURT RULES _________________, _________________, for failing to appear in Court as instructed in (Place) (Address) the Complaint --Summons or Citation previously issued to you. IF YOU FAIL TO APPEAR in response to this Summons, a warrant for your arrest may be issued. Dated: __________________ _________________________________________ Issuing Officer* *The name and title of the Issuing Officer should be printed or stamped following the Issuing Officer's signature. (Effective for criminal actions commenced or arrests made after 12 o'clock midnight January 1, 1990.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 189 CRIMINAL PROCEDURE MINNESOTA COURT RULES FORM 8 - APPLICATION AND WARRANT FOR OBTAINING DEFENDANT'S APPEARANCE IN COURT FOR FAILURE TO APPEAR IN RESPONSE TO SUMMONS OR CITATION STATE OF MINNESOTA COUNTY OF ___________ ______________________________, Plaintiff, vs. ______________________________, Defendant. DISTRICT COURT __________ JUDICIAL DISTRICT ) ) ) ) ) ) ) ) ) APPLICATION AND WARRANT FOR OBTAINING DEFENDANT'S APPEARANCE IN COURT FOR FAILURE TO APPEAR IN RESPONSE TO SUMMONS OR CITATION District Court File No. _____________ APPLICATION FOR WARRANT The above-named Defendant has failed to appear in Court as instructed in the Complaint-- Summons served upon the Defendant or the Citation issued to the Defendant by _____________ on the ___ day of __________, 20__; I therefore request that a Warrant of Arrest issued for the Defendant, so that the Defendant may be arrested to obtain the Defendant's appearance in Court and that the Defendant otherwise be dealt with according to law. Dated: _____________________ _________________________________________ (Prosecuting Attorney) Name: Attorney License No.: Title: Address: Telephone No.: WARRANT TO: The Sheriff of the above-named County or any other person authorized by law to execute this Warrant. AS PROBABLE CAUSE has previously been established by the Complaint--Summons or Complaint following Citation dated and filed on the _____ day of __________, 20___, charging the Defendant with the offense of _______________, and as the Defendant has failed to appear in Court as instructed in the Complaint--Summons or Citation; in the name of the State of Minnesota, I hereby order that the above-named Defendant be arrested and brought promptly before the above- named Court (if in session, and if not before a Judge or Judicial Officer of such Court without Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 190 MINNESOTA COURT RULES unnecessary delay, and in any event, not later than 36 hours after the arrest or as soon thereafter as such Judge or Judicial Officer is available) to be dealt with according to law. Conditions of Release: Amount of Bail: ________________ Dated: ________________________ ______________________________________ Issuing Officer* *The name and title of the Issuing Officer should be printed or stamped following the Issuing Officer's signature. (Effective for criminal actions commenced or arrests made after 12 o'clock midnight January 1, 1990.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 191 CRIMINAL PROCEDURE MINNESOTA COURT RULES FORM 9 - APPLICATION AND SUMMONS FOR OBTAINING DEFENDANT'S APPEARANCE FOR VIOLATION OF CONDITIONS OF RELEASE, PURSUANT TO RULE 6.03, SUBD. 1 STATE OF MINNESOTA COUNTY OF ___________ ______________________________, Plaintiff, vs. ______________________________, Defendant. DISTRICT COURT __________ JUDICIAL DISTRICT ) ) ) ) ) ) ) ) ) APPLICATION AND SUMMONS FOR OBTAINING DEFENDANT'S APPEARANCE FOR VIOLATION OF CONDITIONS OF RELEASE, PURSUANT TO RULE 6.03, SUBD. 1 District Court File No. _____________ APPLICATION FOR OBTAINING DEFENDANT'S APPEARANCE The following facts constitute PROBABLE CAUSE to believe that the above-named Defendant has violated conditions of release: THEREFORE, I request, that pursuant to Rule 6.03, subd. 1, Minnesota Rules of Criminal Procedure, that Defendant be summoned to appear and be otherwise dealt with according to law. Dated: ________________________ ______________________________________ (Prosecuting Attorney) Name: Attorney License No.: Title: Address: Telephone No.: TO: The above-named Defendant. SUMMONS YOU ARE HEREBY SUMMONED to appear on the ___ day of __________, 20___, at ____ o'clock __.m., before the above-named Court at ____________________, ____________________, ___________________________________, (Room No.) (Place) (Address) pursuant to Rule 6.03, Subd. 1, Minnesota Rules of Criminal Procedure, to determine if you have violated your conditions of release. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 192 MINNESOTA COURT RULES IF YOU FAIL TO APPEAR in response to this Summons, a warrant for your arrest may be issued. _____________________________________________________ Issuing Officer* *The name and title of the Issuing Officer should be printed or stamped following the Issuing Officer's signature. (Effective for criminal actions commenced or arrests made after 12 o'clock midnight January 1, 1990.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 193 CRIMINAL PROCEDURE MINNESOTA COURT RULES FORM 10 - APPLICATION AND WARRANT FOR OBTAINING DEFENDANT'S APPEARANCE FOR VIOLATION OF CONDITIONS OF RELEASE, PURSUANT TO RULE 6.03, SUBD. 1 STATE OF MINNESOTA COUNTY OF ___________ ____________________________, Plaintiff, vs. ____________________________, Defendant. DISTRICT COURT __________ JUDICIAL DISTRICT ) ) ) ) ) ) ) ) ) APPLICATION AND WARRANT FOR OBTAINING DEFENDANT'S APPEARANCE FOR VIOLATION OF CONDITIONS OF RELEASE, PURSUANT TO RULE 6.03, SUBD. 1 District Court File No. _____________ APPLICATION FOR WARRANT The following facts constitute PROBABLE CAUSE to believe that the above-named Defendant has violated conditions of release: THEREFORE, I request that pursuant to Rule 6.03, subd. 1, Minnesota Rules of Criminal Procedure, a Warrant of Arrest issue for the above-named Defendant so that the Defendant may be arrested to obtain the Defendant's appearance, and that the Defendant otherwise be dealt with according to law. Dated: ________________________ ______________________________________ (Prosecuting Attorney) Name: Attorney License No.: Address: Telephone No.: WARRANT (To be issued only if it reasonably appears that there is a substantial likelihood that the Defendant will fail to respond to a Summons or when the whereabouts of the Defendant is unknown.) TO: The Sheriff of the above-named County or any other person authorized by law to execute this Warrant. Upon the above Application by the Prosecuting Attorney and pursuant to Rule 6.03, subd. 1, Minnesota Rules of Criminal Procedure, in the name of the State of Minnesota, I hereby order that the above-named Defendant, having previously been released, be arrested and taken immediately before the Judge, Judicial Officer or Court which released the Defendant. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 194 MINNESOTA COURT RULES TO BE COMPLETED AND SIGNED BY ISSUING OFFICER IF APPLICABLE. As the offense stated is a misdemeanor and as the following exigent circumstances exist: I hereby direct that this warrant may be executed at any time of the day or night and on Sundays. Conditions of Release: Amount of Bail: ____________________ Dated: ____________________________ __________________________________ Issuing Officer* *The name and title of the Issuing Officer should be printed or stamped following the Issuing Officer's signature. (Effective for criminal actions commenced or arrests made after 12 o'clock midnight January 1, 1990.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 195 CRIMINAL PROCEDURE MINNESOTA COURT RULES FORM 11 - PETITION TO PROCEED PRO SE COUNSEL STATE OF MINNESOTA COUNTY OF ___________ State of Minnesota, Plaintiff, vs. _______________________________, Defendant. TO: THE ABOVE-NAMED COURT DISTRICT COURT __________JUDICIAL DISTRICT PETITION TO PROCEED AS PRO SE COUNSEL District Court File No. _____________ I, ____________________ defendant in the above-entitled action, request the Court to allow me to represent myself, and do respectfully represent and state as follows: 1. My full name is ____________________, I am ___ years old. My date of birth is _______________. The last grade that I went through in _______________ school is _____. 2. I have received and read the (complaint)(indictment). 3. I understand the charge(s) made against me. 4. Specifically, I understand that I have been charged with the crime(s) of _______________ alleged to have occurred on or about _______________, ____, in _______________, County, Minnesota. 5. I have discussed my desire to represent myself with an attorney whose name is ____________________. 6. I (have)(have never) been a patient in a mental hospital. 7. I (have)(have not) talked with or been treated by a psychiatrist or other person for a nervous or mental condition. 8. I (have)(have not) been ill recently. 9. I (have)(have not) recently been taking pills or medicine. 10. I understand that I have an absolute right to have an attorney represent me in these proceedings. I understand that if I am eligible for the services of the public defender, the Court will appoint the Office of the __________ Public Defender to represent me. 11. I understand that if the Court grants my petition to represent myself, I will be responsible for preparing my case for trial and trying my case. I understand that I will be bound by the same rules as an attorney. I understand that if I fail to do something in a timely manner, or make a mistake because of my unfamiliarity with the law, I will be bound by those decisions and must deal with them myself. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 196 MINNESOTA COURT RULES 12. I understand the Court will schedule a probable cause hearing, if one has not already been held. At the probable cause hearing, I can make a motion that the complaint or indictment filed against me be dismissed for lack of probable cause. That the preparation for, conduct of, and decisions made relating to that hearing will be my sole responsibility. 13. I understand that: a. the prosecution for their case against me may have: i. physical evidence obtained as a result of searching for and seizing evidence. ii. evidence in the form of statements, oral or written, that I made to the police or others regarding the charges; iii. evidence discovered as a result of my statements or as a result of the evidence seized in a search. iv. identification evidence from a line-up or photographic identification. v. evidence the prosecution believes indicates that I committed one or more other crimes. b. That I have the right to a pretrial hearing before a judge to determine whether or not the evidence the prosecution has could be used against me at trial in this case. c. That I can testify at the hearing if I want to, but my testimony could not be used as substantive evidence against me if I went to trial and could only be used against me if I was charged with the crime of perjury. (Perjury means testifying falsely.) d. That the preparation for, conduct of, and decisions made relating to that hearing will be my sole responsibility. 14. I understand that I am entitled to a trial by jury of 12 persons in a felony case and a jury of 6 persons in other cases and all jurors must agree before they can find me guilty. Also, all jurors must agree before they can find me not guilty. I also understand that I may ask for a trial to the judge and not a jury. I further understand that I will conduct all phases of the trial including, but not limited to: writing and filing motions, making arguments to the Court, selection of the jury, cross-examination of the witnesses for the prosecution, direct examination of my witnesses, making all objections, opening statement and closing argument. 15. I understand that I am entitled to require any witnesses that I think are favorable to me to appear and testify at my trial by use of a subpoena as approved by the judge. 16. I understand: a. That a person who has prior convictions or a prior conviction can be given a longer prison term. b. That the maximum statutory penalty that the Court could impose for this crime (taking into consideration any prior conviction or convictions) is imprisonment for _____ years, and/or a fine of $__________. That if a minimum sentence is required by statute the Court may impose a sentence of imprisonment of not less than _____ months for this crime. 17. I understand that if the Court grants my petition to represent myself, the Court may appoint advisory counsel. I understand that if the Court appoints advisory counsel I have the right to consult with advisory counsel in making any decisions regarding the conduct of this case. However, I am under no obligation to seek advice from advisory counsel. I understand that the role of advisory counsel is limited. I understand that: Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 197 CRIMINAL PROCEDURE MINNESOTA COURT RULES a. Advisory counsel will be physically present in the courtroom during all proceedings in my case. b. Advisory counsel will respond to requests for advice from me. Advisory counsel will not initiate such discussions. c. The support staff of the advisory counsel - investigators, secretaries, law clerks, and legal service advisors will not be available to me. d. If I need investigative services, expert services, waivers of fees, research, secretarial services, or any other assistance, I must petition the Court for whatever relief or assistance I deem appropriate. Such request is pursuant to Minnesota Statutes, section 611.21. e. If I am out of custody and desire to conduct legal research, I will be expected to do it myself at the library. f. Advisory counsel will not be prepared to try my case on the trial date unless ordered to be prepared to do so by the Court. g. Advisory counsel will be present for all Court appearances to consult with me if I request. Advisory counsel will be seated either at the back of the courtroom or at counsel table, based on my wishes and the Court's wishes. In an effort to vindicate my constitutional right to self- representation, advisory counsel will not initiate motions, objections, arguments to the Court, or any other aspect of representation unless I have given prior approval to the specific aspect of representation. h. If I wish to give up my right to represent myself, I know that the Court will not automatically grant my request. The Court will consider the following in either granting or denying that request: the stage of the proceedings, whether advisory counsel is prepared to take over, the length of the continuance necessary for the advisory counsel to assume representation, the prejudice to either party, whether the jury has been sworn, and any other relevant considerations. i. If the Court grants my request to give up the right to represent myself and substitute advisory counsel, the trial date may be continued if requested by the advisory counsel. The trial date will then be reset at a date mutually agreeable between counsel for the prosecution and counsel for the defendant. j. In the unlikely event that the Court orders advisory counsel to represent me after the trial has started and jeopardy has attached, the Court may grant a mistrial if requested by my new attorney and reset the trial date at a date mutually agreeable between counsel. k. I understand that if I am not a citizen of the United States, a plea of guilty or a finding of guilty for this crime may result in deportation, exclusion from admission to the United States or denial of naturalization as a United States citizen. 18. That in view of the above, I wish to waive my right to be represented by an attorney and I wish to represent myself. Dated this _____ day of __________, ____. ____________________________________ Petitioner (Added effective January 1, 1999; amended effective October 1, 2015.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 198 MINNESOTA COURT RULES FORM 12 - DEMAND FOR TRIAL PURSUANT TO RULE 6.06 OR RULE 11.10 STATE OF MINNESOTA COUNTY OF ___________ ______________________________, Plaintiff, vs. ______________________________, Defendant. ) ) ) ) ) ) ) DISTRICT COURT __________ JUDICIAL DISTRICT DEMAND FOR TRIAL PURSUANT TO RULE 6.06 OR RULE 11.10 District Court File No. _____________ I hereby demand that trial in the above-named case be commenced within sixty (60) days from the date of this demand or the entry of a plea of not guilty, whichever is later. Dated: ________________________ ___________________________________ Name: Attorney License No.: Title: Address: Telephone No.: (Effective for criminal actions commenced or arrests made after 12 o'clock midnight January 1, 1990.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 199 CRIMINAL PROCEDURE MINNESOTA COURT RULES FORM 13 - NOTICE BY PROSECUTING ATTORNEY OF EVIDENCE AND IDENTIFICATION PROCEDURES, PURSUANT TO RULE 7.01 STATE OF MINNESOTA COUNTY OF ___________ DISTRICT COURT __________ JUDICIAL DISTRICT ______________________________, Plaintiff, vs. ______________________________, Defendant. TO: The above-named Defendant. ) ) ) ) ) ) ) NOTICE BY PROSECUTING ATTORNEY OF EVIDENCE AND IDENTIFICATION PROCEDURES, PURSUANT TO RULE 7.01 District Court File No. _____________ Pursuant to Rule 7.01, Minnesota Rules of Criminal Procedure, I hereby advise you that in the above-named case, the prosecution has: ___________ ___________ ___________ Evidence against the defendant obtained as a result of a search, search and seizure, wiretapping, or any form of electronic or mechanical eavesdropping. Confessions, admissions, or statements in the nature of confessions made by the defendant. Evidence against the defendant discovered as the result of confessions, admissions, or statements in the nature of confessions made by the defendant. ___________ Employed the following identification procedures during its investigation: _________ Lineups. _________ Other observations of the defendant. _________ The exhibition of photographs of the defendant or any other person. _________ Others _______________________________________________ (More specific information may be obtained by contacting the Prosecuting Attorney.) Dated: ________________________ ______________________________________ (Prosecuting Attorney) Name: Attorney License No.: Title: Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 200 MINNESOTA COURT RULES Address: Telephone No.: (Effective for criminal actions commenced or arrests made after 12 o'clock midnight January 1, 1990.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 201 CRIMINAL PROCEDURE MINNESOTA COURT RULES FORM 14 - NOTICE BY PROSECUTING ATTORNEY OF EVIDENCE OF ADDITIONAL OFFENSE(S) TO BE OFFERED AT TRIAL PURSUANT TO RULE 7.02 STATE OF MINNESOTA COUNTY OF ___________ ______________________________, Plaintiff, vs. ______________________________, Defendant. TO: The above-named Defendant. ) ) ) ) ) ) ) ) ) DISTRICT COURT __________ JUDICIAL DISTRICT NOTICE BY PROSECUTING ATTORNEY OF EVIDENCE OF ADDITIONAL OFFENSE(S) TO BE OFFERED AT TRIAL PURSUANT TO RULE 7.02 District Court File No. _____________ Pursuant to Rule 7.02, Minnesota Rules of Criminal Procedure, I hereby advise you that in the above-named case, the Prosecution may offer at trial, under any exception to the general exclusionary rule, evidence of the following additional offense(s): 1. That the above-named Defendant, on the _____ day of __________, 20__, at ________________________ in the County of __________, committed the following described (location) Charge: _______________, in violation of Section: _______________: (description) OFFENSE 2. That the above-named Defendant, on the _____ day of __________, 20__, at ________________________ in the County of __________, committed the following described (location) Charge: ___________, in violation of Section: ___________: (description) OFFENSE 3. That the above-named Defendant, on the _____ day of __________, 20__, at ________________________ in the County of __________, committed the following described (location) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 202 MINNESOTA COURT RULES Charge: ___________, in violation of Section: ___________: (description) OFFENSE (Further offenses should be set forth below using the above structure.) TAKE NOTE: 1.