Subd. 1. Definitions.
(1) ITV. "ITV" refers to interactive video teleconference.(2) Terminal Site. A "terminal site" is any location where ITV is used for any part of a court proceeding.(3) Venue County. The "venue county" is the county where pleadings are filed and hearings are held under current court procedures.(4) District. The "district" is the judicial district in which the venue county is located. Subd. 2. Appearance; How Made. Appearances in proceedings governed by the Minnesota Rules of Criminal Procedure must be made in person except as authorized to be made by ITV in this rule, by written petition in Rules 14.02, subd. 2 and 15.03, subd. 2, and by phone in Rule 26.03, subd. 1(3)5.
Subd. 3. Permissible Use of ITV. ITV may be used to conduct the proceedings specified in subdivisions 4 and 5:
(1) When no judge is available in the venue county;(2) When the defendant is in custody and is being held in a location other than the venue county; or(3) In the interests of justice. Subd. 4. Felony, Gross Misdemeanor, or Misdemeanor Proceedings.
(1) Subject to the requirements in subdivisions 6 and 7, ITV may be used to conduct the following felony, gross misdemeanor, or misdemeanor proceedings: (a) Rule 5 or Rule 6 hearings;(c) Rule 11 hearings for the purpose of waiving an omnibus hearing;(f) Probation revocation hearings;(g) Any hearing for which the defendant's personal presence is not required under Rules 14.02, subd. 2 and 26.03, subd. 1(3).(2) ITV cannot be used to conduct a trial, contested omnibus hearing, contested pretrial hearing, or any other evidentiary matter except as provided in this rule. Subd. 5. Petty Misdemeanor and Regulatory or Administrative Criminal Offenses. A defendant may appear by ITV for all hearings, including trials, related to petty misdemeanors and regulatory or administrative criminal offenses not punishable by imprisonment.
Subd. 6. Request for In-Person Hearing; Consent Requirements.
(1) Rule 5 or Rule 6 Hearings. When a defendant appears before the court by ITV for a Rule 5 or Rule 6 hearing, the defendant may request to appear in person before a judge. If the request is made, the hearing will be held within 3 business days of the ITV hearing and is deemed a continuance of the ITV hearing.(2) Other Hearings; Consent. In all proceedings other than a Rule 5 or Rule 6 hearing, prior to the commencement of the hearing, the defendant, defense attorney, prosecutor, and judge must consent to holding the hearing by ITV. Otherwise, an in-person court appearance for that hearing must be scheduled to be held within the time limits as otherwise provided by these rules or other law. Subd. 7. Location of Participants.
(1) Defendant's Attorney. The defendant and the defendant's attorney must be present at the same terminal site unless unusual or emergency circumstances specifically related to the defendant's case exist, or the defendant and defendant's attorney consent to being at different terminal sites, and only if all parties agree on the record and the court approves. The defendant and his attorney must be present at the same terminal site in:(a) felony plea proceedings when the defendant is entering a guilty plea or(b) felony sentencing proceedings.(2) Prosecutor. Subject to paragraph (4), the prosecutor may appear from any terminal site.(3) Judge. Subject to paragraph (4), the judge may appear from any terminal site.(4) Defendant's Attorney or Prosecutor at Same Terminal Site as Judge. When the right to counsel applies, ITV cannot be used in a situation in which only the defense attorney or prosecutor is physically present before the judge unless all parties agree on the record.(5) Witnesses, Victims, Other Persons. Witnesses, victims, and other persons may be located at any terminal site. Subd. 8. Consolidated Proceeding for Charges Pending in Multiple counties.
(1) Consolidated Proceeding. When a defendant has pending charges in more than one county the charges may be heard in a consolidated proceeding conducted by ITV.(2) Judge. The proceedings shall be heard by a judge in the county in which the most serious offense is pending, unless the parties agree otherwise.(3) Prosecutor. Each prosecutor having authority to charge the offenses included in the proceeding may attend the hearing in person or by ITV or waive appearance. Any prosecutor authorized to appear on behalf of another prosecutor in the ITV proceeding must make an oral record of the authorization.(4) Defense Attorney. If the defendant is represented by multiple defense attorneys, each attorney may choose to attend the hearing in person or by ITV or assign responsibility as the attorney of record to one attorney. Any defense attorney appearing in the ITV proceeding must make an oral record of representation. Subd. 9. Witness Testimony. Witnesses may testify by ITV if the court and all parties agree.
Subd. 10. Proceedings; Record; Decorum.
(1) Where Conducted. When an ITV proceeding is conducted, the terminal site(s) for the defendant, defense attorney, prosecutor, and judge must be located in a courtroom unless otherwise approved by the court prior to the hearing. The terminal site(s) for witnesses, victims, and other persons may be located in a courtroom or another suitable room reasonably accessible to the public as approved by the judge conducting the proceeding.(2) Effect of ITV Hearing. Regardless of the physical location of any party to the ITV hearing, any waiver, stipulation, motion, objection, order, or any other action taken by the court or a party at an ITV hearing has the same effect as if done in person.(3) Defendant Right to Counsel. The court must ensure that the defendant has adequate opportunity to confidentially communicate with counsel, including, where appropriate, suspension of the audio transmission and recording or allowing counsel to leave the conference table to communicate with the defendant in private.(4) Record. The court administrator of the venue county must maintain court records as if the proceeding were heard in person. If the hearing requires a written record, a court reporter must be in simultaneous voice communication with all ITV terminal sites, and must make the appropriate verbatim record of the proceeding as if heard in person. No recording of the ITV proceeding other than the recording made as the official court record is permitted.(5) Decorum. Courtroom decorum during ITV hearings must conform to the extent possible to that required during traditional court proceedings. This may include the presence of one or more sheriff's personnel at any ITV site.Subd. 11. Administrative Procedures. Administrative procedures for conducting ITV hearings are governed by the General Rules of Practice.
Amended effective 7/1/2010; amended July 17, 2017, effective 10/1/2017.