notes an exception to the probable cause requirement in the complaint. Rule 6.01,

Rules of Criminal Procedure

Rule: 2.01

Jurisdiction: MN

Bluebook Citation: Minn. R. Crim. P. 2.01

subd. 4 permits probable cause to be contained in a separate attachment to the citation. Even if affidavits, testimony, or other reports supplement the complaint, the complaint must still include a statement of the facts establishing probable cause. Under this rule, the complaint and any supporting affidavits can be sworn to before a court administrator or notary public, or signed under penalty of perjury pursuant to Minn. Stat., section 358.116. The documents can then be submitted to the judge or judicial officer by any method permitted under the rule and the law enforcement officer or other complainant need not personally appear before the judge. However, if sworn oral testimony is taken to supplement the complaint, it must be taken before the judge and cannot be taken before a court administrator or notary public. The prosecutors referred to in Rule 2.02 are those authorized by law to prosecute the offense charged. See Minnesota Statutes, section 484.87 (allocating prosecutorial responsibilities amongst city, township, and county prosecutors); Minnesota Statutes, sections 8.01 and 8.03 (Attorney General); and Minnesota Statutes, section 388.051 (County Attorney).

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