Minn. R. Crim. P. 2.02
As amended through February 1, 2024
A complaint must not be issued without the prosecutor's signature, unless a judge certifies on the complaint that the prosecutor is unavailable and that issuance of the complaint should not be delayed.
Minn. R. Crim. P. 2.02
Rule 2.01 notes an exception to the probable cause requirement in the complaint. Rule 6.01, 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. § 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 Minn. Stat. § 484.87 (allocating prosecutorial responsibilities amongst city, township, and county prosecutors); Minn. Stat. §§ 8.01 and 8.03 (Attorney General); Minn. Stat. § 388.051 (County Attorney).
Rule 2.02 does not define the remedy available when a local prosecutor refuses to approve a complaint.
Because the complaint is accessible to the public, and documents supporting the statement of probable cause can contain irrelevant material that is injurious to innocent third persons, as well as material prejudicial to the defendant's right to a fair trial, it is recommended that a statement be drafted containing the facts establishing probable cause, in or with the complaint, and that irrelevant material be omitted.