Exceptions

(a) A judge may authorize the use of electronic or photographic means for the presentation of evidence, for the perpetuation of a record or for other purposes of judicial administration. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 16 MINNESOTA COURT RULES (b) A judge may authorize the broadcasting, televising, recording or photographing of investitive, ceremonial or naturalization proceedings. (c) In civil proceedings, a judge may authorize, without the consent of all parties, the visual or audio recording and reproduction of appropriate court proceedings under the following conditions: (i) There shall be no visual or audio coverage of jurors at any time during the trial, including voir dire. (ii) There shall be no visual or audio coverage of any witness who objects thereto in writing or on the record before testifying. (iii) Visual or audio coverage of judicial proceedings shall be limited to proceedings conducted within the courtroom, and shall not extend to activities or events substantially related to judicial proceedings that occur in other areas of the court building. (iv) There shall be no visual or audio coverage within the courtroom during recesses or at any other time the trial judge is not present and presiding. (v) Preceding or during a jury trial, there shall be no visual or audio coverage of hearings that take place outside the presence of the jury. This provision does not prohibit visual or audio coverage of appropriate pretrial hearings in civil proceedings, such as hearings on dispositive motions. (vi) There shall be no visual or audio coverage in cases involving child custody, marriage dissolution, juvenile proceedings, child protection proceedings, paternity proceedings, petitions for orders for protection, and proceedings that are not accessible to the public. (d) In criminal proceedings occurring before a guilty plea has been accepted or a guilty verdict has been returned, a judge may authorize the visual or audio recording and reproduction of trial proceedings unless there is a substantial likelihood that coverage would expose any victim, or witness who may testify at trial, to harm, threats of harm, or intimidation. To determine whether to grant a request for visual or audio recording and reproduction, the presiding judge may consider any relevant factors, including but not limited to (1) the positions of the parties and wishes of the victim(s); (2) the level of public interest in the trial; (3) the necessity of coverage to safeguard the defendant's right to a public trial or the public's right of access to criminal trials; (4) the existence of security issues, courtroom or courthouse facility limitations, or public health concerns that would merit restricting observers from the physical courtroom; (5) courtroom or courthouse facility limitations that would render coverage impractical; (6) the positive or negative impact of recording and reproduction on the dignity and decorum of the trial proceedings; and (7) the effect of recording and reproduction on transparency, public eduction, and public trust and confidence in the proceedings or the judicial system. Coverage under this paragraph is subject to the following limitations: (i) There shall be no visual or audio coverage during voir dire, and no visual or audio coverage of jurors at any time during the trial or at any time when the name or identity of a juror could be revealed such as the polling of the jury. (ii) There shall be no visual or audio coverage of any witness, victim, or defendant who is a minor at the time of the trial. There shall be no visual or audio coverage of any adult witness or victim who objects thereto in writing or on the record before testifying. (iii) Visual or audio coverage of judicial proceedings shall be limited to proceedings conducted within the courtroom, and shall not extend to activities or events substantially related to judicial proceedings that occur in other areas of the court building. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 17 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES (iv) There shall be no visual or audio coverage within the courtroom during recesses or at any other time the trial judge is not present and presiding. (v) There shall be no visual or audio coverage of any pretrial proceedings, including but not limited to bail hearings, arraignment, pretrial or omnibus hearings, motions in limine or any other proceedings prior to the jury being sworn, or any hearings that take place outside the presence of the jury. (vi) No visual or audio coverage is permitted in cases involving charges under Minnesota Statutes, sections 609.293 to 609.352; 609.185 paragraph (a), clause (2); 609.365, 617.241, 617.246, or 617.247; or in cases in which a victim is a family or household member as defined in Minnesota Statutes, section 518B.01, subdivision 2, paragraph (b), and the charges include an offense listed in Minnesota Statutes, section 609.02, subdivision 16, unless the victim(s) is an adult and makes a request in writing or on the record asking the judge to allow coverage. In any court order authorizing visual or audio coverage of trial proceedings, the judge may include any other restrictions on coverage in the judge's discretion, including but not limited to restrictions on the coverage of certain parties, witnesses, or other participants, or graphic or emotionally disturbing or otherwise sensitive exhibits. (e) In criminal proceedings occurring after a guilty plea has been accepted or a guilty verdict has been returned, a judge must, absent good cause, allow visual or audio coverage. The fact that a guilty plea will be accepted or a guilty verdict returned at the same hearing when sentencing will occur is not a basis to deny coverage of a sentencing proceeding. The consent of the parties is not required for coverage under this paragraph and lack of consent is not good cause to deny coverage. To determine whether there is good cause to prohibit coverage of the proceeding, or any part of it, the judge must consider (1) the privacy, safety, and well-being of the victim(s), defendant, participants, or other interested persons; (2) the likelihood that coverage will detract from the dignity of the proceeding; (3) the physical facilities of the court; and (4) the fair administration of justice. Coverage under this paragraph is subject to the following limitations: (i) No visual or audio coverage is permitted of jurors at hearings to determine whether there are aggravating factors that would support an upward departure under the sentencing guidelines. (ii) Visual and audio coverage is not permitted at any proceeding held in a treatment court, including drug courts, mental health courts, veterans courts, and DWI courts except if participants are nearing graduation and consent to visual and audio coverage, in which case coverage may be permitted for purposes of producing videos or materials for promotional, educational, or stories in the public interest. (iii) No visual or audio coverage is permitted in cases involving charges under Minnesota Statutes, sections 609.293 to 609.352 or 609.185, paragraph (a), clause (2), 609.365, 617.241, 617.246, or 617.247; or in any case in which a victim is a family or household member as defined in Minnesota Statutes, section 518B.01, subdivision 2, paragraph (b), and the charges include an offense listed in Minnesota Statutes, section 609.02, subdivision 16, unless the victim(s) is an adult and makes a request in writing or on the record asking the judge to allow coverage. (iv) No visual or audio coverage is permitted of a victim, as defined in Minnesota Statutes, section 611A.01, paragraph (b), or a person giving a statement on behalf of the victim as the victim's proxy, unless the victim is an adult at the time of sentencing, and the adult victim, or when applicable the adult victim's proxy, affirmatively acknowledges and agrees in writing to the proposed coverage. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 18 MINNESOTA COURT RULES (v) Visual or audio coverage must be limited to proceedings conducted within the courtroom, and shall not extend to activities or events substantially related to judicial proceedings that occur in other areas of the court building. (vi) No visual or audio coverage within the courtroom is permitted during recesses or at any other time the trial judge is not present and presiding. (Added effective March 1, 2009; amended effective March 12, 2009; amended effective July 1, 2011; amended effective November 10, 2015; amended effective September 1, 2018, amended effective January 1, 2024.)