631.02 CONTINUANCES FOR SUFFICIENT CAUSE. A continuance may be granted by the court when a case is called for trial, or at any time during pretrial proceedings, upon motion of either the prosecution or defense. The moving party must show sufficient cause for the continuance. Affidavits in support of the motion for continuance must be […]
631.021 CRIMINAL TRIALS; TIMING OBJECTIVES FOR CASE DISPOSITION. The judges of each judicial district must adopt and administer rules or procedures to ensure that, on and after July 1, 1997, the following timing objectives for the disposition of criminal cases are met by judges within the district: (1) 90 percent of all criminal cases must […]
631.035 JOINDER OF DEFENDANTS. Subdivision 1. Joinder of defendants. Two or more defendants may be jointly charged with a felony and tried if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense. The defendants may be charged in one or […]
631.04 EXCLUDING MINORS FROM ATTENDANCE AT CRIMINAL TRIALS; DUTY OF OFFICER; PENALTY. A minor under the age of 17 who is not a party to, witness in, or directly interested in a criminal prosecution or trial before a district court, may not be present at the trial. A police officer, sheriff, or other officer in […]
631.045 EXCLUDING SPECTATORS FROM COURTROOM. At the trial of a complaint or indictment for a violation of sections 609.341 to 609.3451; 609.3453; 609.3458; 617.246, subdivision 2; or Minnesota Statutes 2004, section 609.109, when a minor under 18 years of age is the person upon, with, or against whom the crime is alleged to have been […]
631.046 AUTHORIZING PRESENCE OF SUPPORT PERSON FOR MINOR PROSECUTING WITNESS. Subdivision 1. Child abuse and violent crime cases. Notwithstanding any other law, a prosecuting witness under 18 years of age in a case involving child abuse as defined in section 630.36, subdivision 2, a crime of violence, as defined in section 624.712, subdivision 5, or […]
631.05 REQUIRING JUROR TO TESTIFY WHEN JUROR HAS PERSONAL KNOWLEDGE RESPECTING FACT IN CONTROVERSY; VIEW. If a juror has personal knowledge respecting a fact in controversy in a cause, the juror shall declare it in open court during the trial. If during the retirement of a jury, a juror declares a fact which could be […]
631.06 QUESTIONS OF LAW AND FACT; DECISION MAKING; COURT AND JURY. In criminal trials, the court shall decide questions of law, except in cases of criminal defamation, and the jury shall decide questions of fact. The defendant may object to a decision of the court on a matter of law. Although the jury may return […]
631.07 ORDER OF FINAL ARGUMENT. When the giving of evidence is concluded in a criminal trial, unless the case is submitted on both sides without argument, the prosecution may make a closing argument to the jury. The defense may then make its closing argument to the jury. The prosecution shall then have the right to […]
631.09 JURY DELIBERATION; ACCOMMODATIONS. At the close of the evidence and after the court has charged the jury, the jury may decide the case in court or retire for deliberation. If the jury cannot agree on a verdict without retiring, the court shall swear one or more officers to take charge of the jury. The […]
631.12 JURY DISCHARGED WITHOUT VERDICT. After the retirement of the jury, the court may discharge it if: (1) one of the jurors becomes so sick as to be unable to continue to serve on the jury; (2) the jury is unable to agree upon a verdict; or (3) any other accident or cause occurs to […]
631.13 CONDITIONS UNDER WHICH SECOND TRIAL PERMITTED. If a jury is discharged or prevented from giving a verdict because of accident, disagreement, or other cause, the case may be again tried at the same or another term, unless the defendant is discharged during the trial or after the case has been submitted to the jury. […]
631.14 VERDICT FOR LESSER INCLUDED OFFENSE. Upon an indictment or complaint for an offense consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment or complaint, and guilty of any degree inferior to that. Upon an indictment or complaint for an offense, the jury may find […]
631.15 VERDICT; MULTIPLE DEFENDANTS. If the jury cannot agree upon a verdict with respect to all defendants in a trial involving multiple defendants, it may render a verdict as to those defendants in regard to whom it does agree, on which a judgment shall be entered accordingly. The defendants not receiving a verdict may be […]
631.17 COURT ADMINISTRATOR TO READ VERDICT TO JURY. When a verdict such as the court may receive is returned, the court administrator shall immediately file it in open court and read it to the jury, and ask the jurors if it is their verdict. If a juror disagrees, that fact shall be entered upon the […]
631.20 HEARING; SENTENCE. After a plea or verdict of guilty, if the court has discretion as to the extent of the punishment, and if either party suggests that there are aggravating or mitigating circumstances which may be properly considered in imposing sentence, the court may hear the issue summarily, at a specified time, and upon […]
631.21 DISMISSAL OF ACTION. The court may order a criminal action, whether prosecuted upon indictment or complaint, to be dismissed. The court may order dismissal of an action either on its own motion or upon motion of the prosecuting attorney and in furtherance of justice. If the court dismisses an action, the reasons for the […]
