Trial

26.01 Trial by Jury or by the Court Subd. 1. Trial by Jury. (1) Right to Jury Trial. (a) Offenses Punishable by Incarceration. A defendant has a right to a jury trial for any offense punishable by incarceration. All trials must be in the district court. (b) Misdemeanors Not Punishable by Incarceration. In any prosecution for the violation of a misdemeanor not punishable by incarceration, trial must be to the court. (2) Waiver of Trial by Jury. (a) Waiver on the Issue of Guilt. The defendant, with the approval of the court, may waive a jury trial on the issue of guilt provided the defendant does so personally, in writing or on the record in open court, after being advised by the court of the right to trial by jury, and after having had an opportunity to consult with counsel. (b) Waiver on the Issue of an Aggravated Sentence. Where the prosecutor seeks an aggravated sentence, the defendant, with the approval of the court, may waive a jury trial on the facts in support of an aggravated sentence provided the defendant does so personally, in writing or on the record in open court, after being advised by the court of the right to a trial by jury, and after having had an opportunity to consult with counsel. (c) Waiver Necessitated by Prejudicial Publicity. The defendant must be permitted to waive a jury trial whenever the court determines: (i) the defendant knowingly and voluntarily waived that right; and (ii) reason exists to believe that, because of the dissemination of potentially prejudicial material, the waiver must be granted to assure a fair trial. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 121 CRIMINAL PROCEDURE MINNESOTA COURT RULES (3) Withdrawal of Jury-Trial Waiver. The defendant may withdraw the waiver of a jury trial any time before trial begins. (4) Waiver of Number of Jurors Required by Law. Any time before verdict, the parties, with the approval of the court, may stipulate that the jury consist of a number of jurors fewer than that provided by law. The court must not approve this stipulation unless the defendant, personally in writing or on the record in open court, agrees to trial by a reduced jury after being advised by the court of the right to trial by a jury consisting of the number of jurors provided by law. (5) Number Required for Verdict. The jury's verdict must be unanimous in all cases. (6) Waiver of Unanimous Verdict. Any time before verdict, the parties, with the approval of the court, may stipulate that the jury may render a verdict on the concurrence of a specified number of jurors fewer than that required by law or these rules. The court must not approve this stipulation unless the defendant waives this right personally in writing or on the record, after being advised by the court of the right to a verdict on the concurrence of the number of jurors specified by law. Subd. 2. Trial Without a Jury. (a) In a case tried without a jury, the court, within seven days after the completion of the trial, must make a general finding of guilty; not guilty; or if the applicable pleas have been made, a general finding of not guilty by reason of mental illness or cognitive impairment, double jeopardy, or that Minnesota Statutes, section 609.035, bars the prosecution. (b) The court, within seven days after making its general finding in felony and gross misdemeanor cases, must in addition make findings in writing of the essential facts. (c) In misdemeanor and petty misdemeanor cases, findings must be made within seven days after the defendant has filed a notice of appeal. (d) An opinion or memorandum of decision filed by the court satisfies the requirement to find the essential facts if they appear in the opinion or memorandum. (e) If the court omits a finding on any issue of fact essential to sustain the general finding, it must be deemed to have made a finding consistent with the general finding. Subd. 3. Trial on Stipulated Facts; Trial on Stipulated Evidence. (a) The defendant and the prosecutor may agree that a determination of the defendant's guilt, or the existence of facts to support an aggravated sentence, or both, may be submitted to and tried by the court based entirely on stipulated facts, stipulated evidence, or both. (b) The defendant, after an opportunity to consult with counsel, must waive the right to a jury trial under Rule 26.01, subdivision 1(2)(a), or subdivision 1(2)(b), or both, and must personally waive the following specific rights: (1) to testify at trial; (2) to have the prosecution witnesses testify in open court in the defendant's presence; (3) to question those prosecution witnesses; and (4) to require any favorable witnesses to testify for the defense in court. (c) The agreement and the waiver must be in writing or be placed on the record. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 122 MINNESOTA COURT RULES (d) If the parties use this procedure to determine the issues of the defendant's guilt, and the existence of facts to support an aggravated sentence, the defendant must make a separate waiver of the above-listed rights as to each issue. (e) On submission of the case entirely on stipulated facts, stipulated evidence, or both, the court must proceed under subdivision 2 of this rule as in any other trial to the court. (f) If the court finds the defendant guilty based entirely on the stipulated facts, stipulated evidence, or both, the defendant may appeal from the judgment of conviction and raise issues on appeal as from any trial to the court. Subd. 4. Stipulation to Prosecution's Case to Obtain Review of a Pretrial Ruling. (a) When the parties agree that the court's ruling on a specified pretrial issue is dispositive of the case, or that the ruling makes a contested trial unnecessary, the following procedure must be used to preserve the issue for appellate review. (b) The defendant must maintain the plea of not guilty. (c) The defendant and the prosecutor must acknowledge that the pretrial issue is dispositive, or that a trial will be unnecessary if the defendant prevails on appeal. (d) The defendant, after an opportunity to consult with counsel, must waive the right to a jury trial under subdivision 1(2)(a), and must personally waive the rights specified in subdivision 3(b)(1)-(4). (e) The defendant must stipulate to the prosecution's evidence in a trial to the court, and acknowledge that the court will consider the prosecution's evidence, and that the court may enter a finding of guilt based on that evidence. (f) The defendant must also acknowledge that appellate review will be of the pretrial issue, but not of the defendant's guilt, or of other issues that could arise at a contested trial. (g) The defendant and the prosecutor must make the preceding acknowledgments personally, in writing or on the record. (h) After consideration of the stipulated evidence, the court must make an appropriate finding, and if that finding is guilty, the court must also make findings of fact on the record or in writing as to each element of the offense(s). (Amended effective October 1, 2017; amended effective September 1, 2018.) 26.02 Jury Selection Subd. 1. Jury List. The jury list must be composed of persons randomly selected from a fair cross-section of qualified county residents. The jury must be drawn from the jury list. Subd. 2. Juror Information. (1) Juror Lists. (a) Jury Panel List With Demographic Information. Unless the court orders otherwise after a hearing, the court administrator must provide to the parties prior to trial a list of persons on the jury panel, including name, city as reported on the juror qualification questionnaire, occupation, education, children's ages, spouse's occupation, birth date, reported race and whether or not of Hispanic origin, gender, and marital status. The panel list must be filed after the trial has concluded, if not already filed, and must be maintained as nonpublic due to the presence of juror race. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 123 CRIMINAL PROCEDURE MINNESOTA COURT RULES (b) Random Juror List. The random juror list that is generated for the case, and may be used during voir dire to indicate strikes, must not include juror race. The random juror list must be filed after the trial has concluded, if not already filed, and must be made available to the public. (2) Anonymous Jurors. On any party's motion, if a strong reason exists to believe that the jury needs protection from external threats to its members' safety or impartiality, the court may restrict access to prospective and selected jurors' names, addresses, and other identifying information. The court must hold a hearing on the motion and make detailed findings of fact supporting its decision to restrict access to juror information. The findings of fact must be made in writing or on the record in open court. If ordered, jurors may be identified by number or other means to protect their identity. The court may restrict access to juror identity as long as necessary to protect the jurors. The court must minimize any prejudice the restriction has on the parties. The court's order must include specific direction on if and when juror identities must be made public. (3) Supplemental Jury Questionnaires. (a) Use of supplemental questionnaires. On the request of a party or on its own initiative, the court may order use of a jury questionnaire as a supplement to voir dire. The questionnaire must be approved by the court, and must be sworn to in court or signed by the prospective juror under penalty of perjury pursuant to Minnesota Statutes, section 358.116. (b) Access to questionnaires. The questionnaire must advise jurors that their answers are part of the public record in the case. The court, the parties, and the questionnaire must not promise jurors that their responses will be kept nonpublic or confidential or that the questionnaire will be destroyed at the conclusion of the case. (c) Copies and Filing. The court must provide copies of the completed questionnaires to the parties prior to trial. After the trial has concluded the supplemental questionnaires that were used as part of voir dire, including the questionnaires completed by prospective jurors who were questioned but not impaneled, must be filed in the court file and made available to the public. Supplemental questionnaires must not be filed if they were completed by prospective jurors who were not questioned during the voir dire proceedings, or if the case was resolved prior to a jury being impaneled and sworn. Subd. 3. Challenge to Panel. Any party may challenge the jury panel if a material departure from law has occurred in drawing or summoning jurors. The challenge must be made in writing and before the court swears in the jury. The challenge must specify grounds, and must comply with the General Rules of Practice, Jury Management Rules. The court must conduct a hearing to determine the sufficiency of the challenge. Subd. 4. Voir Dire Examination. (1) Purpose - How Made. The voir dire examination must be open to the public and the public must not be excluded unless the court has issued an order consistent with subdivision 4(4). The court must allow the parties to conduct voir dire examination to discover grounds for challenges for cause and to assist in the exercise of peremptory challenges. The court must begin by identifying the parties and their respective counsel and by outlining the nature of the case. The court must question jurors about their qualifications to serve and may give the preliminary instructions in Rule 26.03, subd. 4. A verbatim record of the voir dire examination must be made. (2) Sequestration of Jurors. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 124 MINNESOTA COURT RULES (a) Court's Discretion. The court may order that the examination of each juror take place outside of the presence of other chosen and prospective jurors, but with the defendant, parties, and public present. Regardless of the jury selection method used, the court has the discretion to permit jurors to be questioned about sensitive topics outside the presence of other chosen and prospective jurors, but in open court with the defendant, parties, and public present. (b) Prejudicial Publicity. Whenever a significant possibility exists of exposure to prejudicial material, the examination of each juror with respect to the juror's exposure must take place outside the presence of other prospective and selected jurors. (3) Order of Drawing, Examination, and Challenge. (a) Jury Selection Methods. Three methods exist for selecting a jury: (i) the preferred method found in paragraph (b), in which the parties make peremptory challenges at the end of voir dire; (ii) the alternate method found in paragraph (c), in which a party exercises any peremptory challenge after questioning the prospective juror; (iii) the preferred method for first-degree murder cases found in paragraph (d), in which each party questions the prospective juror out of the hearing of the other prospective and selected jurors. (b) Preferred Method; Cases Other Than First-Degree Murder. (i) The court must draw prospective jurors comprising the number of jurors required, the number of peremptory challenges, and the number of alternates. (ii) The prospective jurors must take their place in the jury box and be sworn in. (iii) The prospective jurors must be examined, first by the court, then by the parties, commencing with the defendant. (iv) A challenge for cause may be made at any time during voir dire by any party. At the close of voir dire any additional challenges for cause must be made, first by the defense and then by the prosecutor. (v) When the court excuses a prospective juror for cause, another must be drawn so that the number in the jury box remains the same as the number initially called. (vi) After all challenges for cause have been made, the parties may alternately exercise peremptory challenges, starting with the defendant. (vii) The jury consists of the remaining panel members in the order they were called. (c) Alternate Method; Cases Other Than First-Degree Murder. (i) The court must draw prospective jurors comprising the total of the number of jurors required and the number of alternates. (ii) The prospective jurors must take their place in the jury box and be sworn in. (iii) The prospective jurors must be examined, first by the court, then by the parties, commencing with the defendant. (iv) On completion of the defendant's examination of a prospective juror, the defendant must be permitted to exercise a challenge for cause or a peremptory challenge. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 125 CRIMINAL PROCEDURE MINNESOTA COURT RULES (v) On completion of the defendant's examination and any challenge of a prospective juror, the prosecutor may examine the prospective juror and may exercise a challenge for cause or a peremptory challenge. (vi) An excused prospective juror must be replaced by another. The replacement must be examined and challenged after all previously drawn jurors have been examined and challenged. (vii) This process continues until the number of persons who will constitute the jury, including the alternates, have been selected. (d) Preferred Method; First-Degree Murder Cases. (i) The court must direct that one prospective juror at a time be drawn from the jury panel for examination. (ii) The prospective juror must be sworn in. (iii) The prospective juror must be examined, first by the court, then by the parties, commencing with the defendant. (iv) On completion of defendant's examination, the defendant may exercise a challenge for cause or peremptory challenge. (v) A prospective juror who is not excused after examination by the defendant may be examined by the state. The state may exercise a challenge for cause or peremptory challenge. (vi) This process must continue until the number of jurors equals the number required plus alternates. (4) Exclusion of the Public From Voir Dire. Voir dire proceedings are public. In those rare cases where it is necessary, the following rules govern orders excluding the public from any part of voir dire or restricting access to the orders or to transcripts of the closed proceeding. (a) Constitutional Requirements for Closure of the Courtroom During Voir Dire. The court must not close the courtroom during voir dire unless the closure complies with the constitutional rights to a fair and public trial. Examination of prospective jurors outside the presence of other chosen and prospective jurors, but with the defendant, parties, and public present, is not a courtroom closure. If the court orders the closure of any part of voir dire, that part of voir dire must be conducted on the record with counsel and the defendant present. The court must immediately reopen the proceedings to the public after the part of voir dire that was ordered to be conducted with the public excluded has concluded. (b) Findings of Fact and Order. Any order excluding the public from a part of voir dire must be issued in writing or on the record. The court must set forth the reasons for the order, including specific findings adequate to support the closure. The order must address any possible alternatives to closure and explain why the alternatives are inadequate. Subd. 5. Challenge for Cause. (1) Grounds. A juror may be challenged for cause on these grounds: 1. The juror's state of mind - in reference to the case or to either party - satisfies the court that the juror cannot try the case impartially and without prejudice to the substantial rights of the challenging party. 2. A felony conviction unless the juror's civil right to vote has been restored. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 126 MINNESOTA COURT RULES 3. The lack of any qualification under law. 4. The juror is unable to render satisfactory jury service, with reasonable disability accommodations if necessary. 5. A known relationship by blood or marriage to the person alleged to be injured by the offense charged, or to the person on whose complaint the prosecution was instituted, or to the defendant, or to any of the attorneys in the case. 6. Standing as a guardian, ward, attorney, client, employer, employee, landlord, tenant, family member of the defendant, or person alleged to have been injured by the offense, or whose complaint instituted the prosecution. 7. Being a party adverse to the defendant in a civil action, or a party who complained against the defendant, or whom the defendant accused, in a criminal prosecution. 8. Service on the grand jury that found the indictment or an indictment on a related offense. 9. Service on a trial jury that tried another person for the same or a related offense as the pending charge. 10. Service on any jury previously sworn to try the pending charge. 11. Service as a juror in any case involving the defendant. (2) How and When Exercised. A challenge for cause may be oral and must state grounds. The challenge must be made before the juror is sworn to try the case, but the court for good cause may permit it to be made after the juror is sworn but before all the jurors constituting the jury are sworn. If the court sustains a challenge for cause, the juror must be excused. (3) By Whom Tried. If a party objects to the challenge for cause, the court must determine the challenge. Subd. 6. Peremptory Challenges. In cases punishable by life imprisonment the defendant has 15 peremptory challenges and the prosecutor has nine. For any other offense, the defendant has five peremptory challenges and the prosecutor has three. In cases with more than one defendant, the court may allow the defendants additional peremptory challenges and permit them to be exercised separately or jointly. The prosecutor's peremptory challenges must be correspondingly increased. All peremptory challenges must be exercised out of the hearing of the jury panel. Subd. 7. Objections to Peremptory Challenges. (1) Rule Purpose. The purpose of this rule is to eliminate the unfair exclusion of potential jurors based on race, ethnicity, or gender. (2) Procedure. Any party, or the court, at any time before the jury is sworn, may object to a peremptory challenge on the ground of appearance of bias based on race, ethnicity, or gender. The objection and all arguments must be made out of the hearing of all prospective or selected jurors. All proceedings on the objection must be on the record. The objection must be determined by the court as promptly as possible, and must be decided before the jury is sworn. The court must explain its decision on the record. (3) Process and Determination. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 127 CRIMINAL PROCEDURE MINNESOTA COURT RULES (a) Upon objection to the exercise of a peremptory challenge under this rule, the party exercising the peremptory challenge must articulate the reasons that the peremptory challenge has been exercised. (b) The court must give the objecting party an opportunity to respond. (c) The court must then evaluate the reasons given to justify the peremptory challenge based on the totality of the circumstances. In making its determination, the court must consider the following: (i) the number and types of questions posed to the prospective juror, which may include consideration of whether the party exercising the peremptory challenge failed to question the prospective juror about the alleged concern or the types of questions asked about it; (ii) whether the party exercising the peremptory challenge asked significantly more questions or different questions of the potential juror against whom the peremptory challenge was used in contrast to other jurors; (iii) whether other prospective jurors provided similar answers but were not the subject of a peremptory challenge by that party; (iv) the reason articulated by the party is commonly associated with the disproportionate exclusion of a particular race, ethnicity, or gender, such as: (a) having prior contact with or a distrust of law enforcement; (b) living in a high-crime area; (c) not being a native English speaker; or charged, or convicted of a crime; and (d) having a close relationship with people who have been stopped, arrested, (v) whether the party has used peremptory challenges disproportionately against a particular race, ethnicity, or gender in the present case or in past cases. The court may consider other circumstances it deems relevant in evaluating the reasons given to justify the peremptory challenge. (d) If the court determines that race, ethnicity, or gender could reasonably be viewed as a factor in the use of the peremptory challenge, then the court must sustain the objection and deny the peremptory challenge. (4) Remedies. If the court overrules the objection, the prospective juror must be excused. If the court sustains the objection, the court must - based upon its determination of what the interests of justice and a fair trial to all parties in the case require - either: (a) Disallow the peremptory challenge and resume jury selection with the challenged prospective juror reinstated on the panel; or (b) Discharge the entire jury panel and select a new jury from a jury panel not previously associated with the case. Subd. 8. Order of Challenges. Challenges must be made in the following order: a. To the panel. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 128 MINNESOTA COURT RULES b. To an individual prospective juror for cause, except that under subdivision 5(2) a challenge for cause may be made at any time before a jury is sworn. c. Peremptory challenge to an individual prospective juror. Subd. 9. Alternate Jurors. The court may impanel alternate jurors. An alternate juror who does not replace a principal juror must be discharged when the jury retires to consider its verdict. If a juror becomes unable to serve, an alternate juror must replace that juror. Alternate jurors replace jurors in the order the alternates were drawn. No additional peremptory challenges are allowed for alternate jurors. If a juror becomes unable or disqualified to perform a juror's duties after the jury has retired to consider its verdict, a mistrial must be declared unless the parties agree under Rule 26.01, subd. 1(4) that the jury consist of a lesser number than that selected for the trial. (Amended effective September 1, 2011; amended effective March 1, 2025; amended effective July 1, 2025; amended effective May 1, 2026.) 26.03 Procedures During Trial Subd. 1. Defendant's Presence. (1) Presence Required. The defendant must be present at arraignment, plea, and for every stage of the trial including: (a) jury selection; (b) opening statements; (c) presentation of evidence; (d) closing argument; (e) jury instructions; (f) any jury questions dealing with evidence or law; (g) the verdict; (h) sentencing. If the defendant is disabled in communication, a qualified interpreter must also be present at each proceeding. (2) Presence Waived. The trial may proceed to verdict without the defendant's presence if: 1. The defendant is absent without justification after the trial starts; or 2. The defendant, after warning, engages in conduct that justifies expulsion from the courtroom because it disrupts the trial or hearing. But, as an alternative to expulsion, the court may use restraints if necessary to ensure order in the courtroom. (3) Presence Not Required. 1. Corporations. A corporation may appear by counsel. 2. Felony. In felony cases, the court may, on the defendant's motion, excuse the defendant's presence except at arraignment, plea, trial, and sentencing. 3. Gross Misdemeanors. In gross misdemeanor cases, the court may, on the defendant's motion, excuse the defendant's presence except at trial. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 129 CRIMINAL PROCEDURE MINNESOTA COURT RULES 4. Misdemeanors. In misdemeanor cases, if the defendant consents either in writing or on the record, the court must excuse the defendant from appearing for arraignment or plea, and the court may excuse the defendant from appearing at trial or sentencing. Subd. 2. Custody and Restraint of Defendants and Witnesses. a. During trial, the defendant must be seated to permit effective consultation with defense counsel and to see and hear the proceedings. b. During trial, an incarcerated defendant or witness must not appear in court in the distinctive attire of a prisoner. c. Defendants and witnesses must not be subjected to physical restraint while in court unless the court: 1. Finds the restraint necessary to maintain order or security; and 2. States the reasons for the restraints on the record outside the hearing of the jury. d. If the restraint is apparent to the jury, and the defendant requests, the judge must instruct the jury that the restraint must not be considered in reaching the verdict. Subd. 3. Media Access and Courtroom Decorum. (a) The court must ensure the preservation of decorum in the courtroom. (b) The court may reserve seats in the courtroom for reporters. (c) The court may advise reporters about the proper use of the courtroom and other court facilities, or about courtroom decorum. Subd. 4. Preliminary Instructions. After the jury has been impaneled and sworn, and before the opening statements, the court may instruct the jury on the parties' respective claims and on other matters that will aid the jury in comprehending the order of trial and trial procedures. Preliminary instructions may include the: (a) burden of proof; (b) presumption of innocence; (c) necessity of proof of guilt beyond a reasonable doubt; (d) factors the jury may consider in weighing testimony or determining credibility of witnesses; (e) rules applicable to opinion evidence; (f) elements of the offense; (g) other rules of law essential to the proper understanding of the evidence. The preliminary instructions must be disclosed to the parties before they are given, and any party may object to specific instructions or propose other instructions. Subd. 5. Jury Sequestration. (1) Discretion of the court. From the time the jurors are sworn until they retire for deliberations, the court may permit them and any alternate jurors to separate during recesses and Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 130 MINNESOTA COURT RULES adjournments, or direct that they remain together continuously under the supervision of designated officers. (2) On Motion. Any party may move for sequestration of the jury at the beginning of trial or at any time during trial. Sequestration must be ordered if the case is of such notoriety or the issues are of such a nature that, in the absence of sequestration, highly prejudicial matters are likely to come to the jurors' attention. Whenever sequestration is ordered, the court in advising the jury of the decision must not disclose which party requested sequestration. (3) During Deliberations. Unless the court has ordered sequestration under paragraph (2), the court may allow the jurors to separate over night during deliberations. (4) No Outside Contact. The supervising officers must not communicate with any juror concerning any subject connected with the trial, nor permit any other person to do so, and must return the jury to the courtroom as ordered by the court. Subd. 6. Exclusion of the Public From Hearings or Arguments Outside the Presence of the Jury. The following rules govern orders restricting public access to portions of the trial conducted outside the presence of the jury or restricting access to trial transcripts, or an order arising from a closed portion of the trial. (1) Grounds for Exclusion of Public. (a) If the jury is not sequestered, on motion of a party or the court's own motion, the court may order that the public be excluded from portions of the trial held outside the jury's presence if the court finds that public dissemination of evidence or argument at the hearing would likely interfere with an overriding interest, including the right to a fair trial. (b) Alternative Measures. Before restricting public access, the court must consider reasonable alternatives to restricting public access. The restriction must be no broader than necessary to protect the overriding interest involved, including the right to a fair trial. (2) Notice. If any party wishes to bring a motion excluding the public, the party must request a closed meeting with counsel and the court. (3) Closed Hearing and Public Notice. At the closed hearing, the court must review the evidence sought to be excluded from public access. If the court finds restriction appropriate, the court must schedule a hearing on the potential restrictive order. A hearing notice must be issued publicly at least 24 hours before the hearing. The notice must allow the public, including reporters, an opportunity to be heard on whether any overriding interests exist, including the right to a fair trial, that would justify closing the hearing to the public. (4) Hearing. At the hearing the court must disclose that evidence exists that may justify restricting access. The court must allow the public, including reporters, to suggest alternatives to a restrictive order. (5) Findings. An order and supporting findings of fact restricting public access must be in writing. The order must address alternatives to closure and explain why the alternatives are inadequate. Any matter relevant to the court's decision that does not endanger the overriding interests involved, including the right to a fair trial, must be decided on the record in open court. (6) Records. If the court closes a portion of the trial, a record of the non-public proceedings must be made. If anyone makes a request, the record must be transcribed at public expense. The record must be publicly available after the trial. The court may redact names from the record to protect the innocent. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 131 CRIMINAL PROCEDURE MINNESOTA COURT RULES (7) Appellate Review. Anyone represented at the hearing or aggrieved by an order granting or denying public access may petition the Court of Appeals for review. This is the exclusive method for obtaining review. The Court of Appeals must determine whether the party who moved for public exclusion met the burden justifying the exclusion under this rule. The Court of Appeals may reverse, affirm, or modify the district court's order. Subd. 7. Cautioning Parties, Witnesses, Jurors and Judicial Employees. The court may order attorneys, parties, witnesses, jurors, and employees and officers of the court not to make extra-judicial statements relating to the case or the issues in the case for public dissemination during the trial. Subd. 8. Sequestration. The court may sequester witnesses from the courtroom before their appearance. Subd. 9. Admonitions to Jurors. The court may advise the jurors not to read, listen to, or watch news reports about the case. Subd. 10. Questioning Jurors About Exposure to Potentially Prejudicial Material in the Course of a Trial. If the court determines that material disseminated outside the trial proceedings raises questions of possible prejudice, the court may on its initiative, and must on motion of either party, question each juror, out of the presence of the others, about the juror's exposure to that material. The examination must take place in the presence of counsel, and a record of the examination must be made. Subd. 11. View by Jury. a. The court may allow the jury to view a place relevant to a case at any time before closing arguments if doing so would be helpful to the jury in deciding a material factual issue. b. At the viewing: (1) The jury must be kept together under the supervision of an officer appointed by the court; (2) The judge and the court reporter must be present; (3) The prosecutor, defendant and defense attorney have the right to be present; and (4) Others may be present if authorized by the court. c. The purpose of the viewing is limited to visual observation of the place in question, and neither the parties, nor counsel or the jurors while viewing the place may discuss the significance or implications of anything under observation or any issue in the case. Subd. 12. Order of Jury Trial. a. The jury is selected and sworn. b. The court may deliver preliminary jury instructions. c. The prosecutor may make an opening statement limited to the facts the prosecutor expects to prove. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 132 MINNESOTA COURT RULES d. The defendant may make an opening statement after the prosecutor's opening statement, or make an opening statement at the beginning of the defendant's case. The defendant's statement must be limited to the defense and the facts the defendant expects to offer supporting that defense. e. The prosecutor presents evidence in support of the state's case. f. The defendant may offer evidence in defense. g. The prosecutor may rebut the defense evidence, and, the defense may rebut the prosecutor's evidence. In the interests of justice, the court may allow any party to reopen that party's case to offer additional evidence. h. The prosecutor may make a closing argument. i. The defendant may make a closing argument. j. The prosecutor may make a rebuttal argument limited to a direct response to the defendant's closing argument. k. On motion, the court may allow a defense rebuttal if the court finds the prosecution has made a misstatement of law or fact or an inflammatory or prejudicial statement in rebuttal. Rebuttal must be limited to a direct response to the misstatement of law or fact or the inflammatory or prejudicial statement. l. Outside the jury's presence, the court must allow the parties to object to the other party's argument and request curative instructions. The parties may also object and seek curative instructions before or during argument. m. The court instructs the jury. n. The jury deliberates and, if possible, renders a verdict. Subd. 13. Note Taking. Jurors may take notes during the presentation of evidence and use them during deliberation. Subd. 14. Substitution of Judge. (1) Before or During Trial. If a judge is unable to preside over pretrial or trial proceedings due to death, illness, or other disability, any other judge in the district, once familiar with the record, may finish the proceedings or trial. (2) After Verdict or Finding of Guilt. If a judge is unable to preside due to death, illness or other disability after verdict or finding of guilt, any other judge in the district may finish the proceedings. If the subsequent judge determines the proceedings cannot be finished because the judge did not preside at the trial, the judge may order a new trial. (3) Interest or Bias of Judge. A judge must not preside at a trial or other proceeding if disqualified under the Code of Judicial Conduct. A request to disqualify a judge for cause must be heard and determined by the chief judge of the district or by the assistant chief judge if the chief judge is the subject of the request. (4) Notice to Remove. A party may remove a judge assigned to preside at a trial or hearing as follows: (a) A notice to remove must be served on the opposing counsel and filed with district court within seven days after the party receives notice of the name of the presiding judge at the trial or hearing; Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 133 CRIMINAL PROCEDURE MINNESOTA COURT RULES (b) The notice must be filed before the start of the trial or hearing; and (c) The notice is not effective against a judge who already presided at the trial, Omnibus Hearing, or evidentiary hearing if the removing party had notice the judge would preside at the hearing. (5) After a party removes a judge under paragraph (4) that party may remove a subsequent judge only for cause. (6) Recusal. The court may recuse itself from presiding over a case without a motion. (7) Assignment of New Judge. If a judge is unavailable for any reason under this rule, the chief judge of the judicial district must assign another judge within the district to hear the matter. If no other judge in the district is available, the chief judge must notify the chief justice. The chief justice must assign a judge of another district to preside over the matter. Subd. 15. Objections. An objection to a court order or ruling is preserved for appeal if the party indicates on the record its objection or position. If no opportunity existed to object or indicate a position, the absence of an objection or stated position does not prejudice the party. Subd. 16. Evidence. At trial, witness testimony must be taken in open court, unless these rules provide otherwise. Jurors may not submit questions to a witness directly or through the judge or attorneys. If either party offers an audio or video recording, that party must not be required by the court to offer or provide a transcript of the recording as a prerequisite to admissibility. If the party provides a transcript of the evidence, and the court admits the transcript as an illustrative exhibit, the transcript becomes part of the record, used for illustrative purposes with the exhibit only. The court reporter must not transcribe video or audio evidence. Subd. 17. Interpreters. The court must appoint and compensate interpreters as provided under