Rule 9.02 - Defendant's Disclosure in Felony and Gross Misdemeanor CasesSubd. 1. Information Subject to Discovery Without Court Order. The defendant must, at the prosecutor's request and before the Rule 11 Omnibus Hearing, make the following disclosures and permit the prosecutor to inspect and reproduce them:
(1) Documents and Tangible Objects. Any of the following the defense intends to introduce at trial: (a) books, papers, documents;(d) the locations of buildings and places concerning which the defendant intends to offer evidence. As to this disclosure, the defense must also permit photographing;(e) without regard to use at trial, any reports on prospective jurors.(2) Reports of Examinations and Tests. (a) Any of the following results or reports the defense intends to introduce at trial that were made in connection with the case and are within the defense's possession or control, or were prepared by a witness the defense intends to call at trial, when the results and reports are of: (i) physical or mental examinations;(ii) scientific tests, experiments, or comparisons.(b) In addition, a person who will testify as an expert but who created no results or reports in connection with the case must provide to the defense for disclosure to the prosecutor a written summary of the subject matter of the expert's testimony, along with any findings, opinions, or conclusions the expert will give, the basis for them, and the expert's qualifications.(3) Notice of Defense Witnesses. The defendant must disclose the names and addresses of witnesses who may be called at trial, along with their record of convictions, if any, within the defendant's actual knowledge. The prosecutor must not make any comment in the jury's presence that a name is on a witness list furnished by the defendant.
(4) Statements of Defense and Prosecution Witnesses. The defendant must disclose: (a) Relevant written or recorded statements of the persons the defendant intends to call at trial;(b) Statements of prosecution witnesses obtained by the defendant, defense counsel, or persons participating in the defense within the defendant's possession or control;(c) Written summaries known to the defense of the substance of any oral statements made by prosecution witnesses to defense counsel or persons participating in the defense, or obtained by the defendant at the defense counsel's direction.(d) The substance of any oral statements that relate to the case made by persons the defendant intends to call as witnesses at trial, and that were made to defense counsel or persons participating in the defense.(e) The defendant is not required to disclose statements made by the defendant to defense counsel or agents of defense counsel that are protected by the attorney-client privilege or by state or federal constitutional guarantees.(5) Notice of defense. The defense must inform the prosecutor in writing of any defense, other than not guilty, that the defendant intends to assert, including but not lunited to:
(c) mental illness or cognitive impairment;(g) statute of limitations;(i) defense under Minn. Stat. § 609.035;(j) intoxication. A defendant who gives notice of intent to assert the defense of mental illness or cognitive impairment must also notify the prosecutor of any intent to also assert the defense of not guilty.
(6) Entrapment. (a) If the defendant intends to offer evidence of entrapment, the defendant must inform the prosecutor of the facts supporting the defense, and elect to submit the defense to the court or jury.(b) The entrapment defense may be submitted to the court only if the defendant waives a jury trial on that issue as provided in Rule 26.01, subd. 1(2).(c) If the defendant submits entrapment to the court, the hearing on entrapment must be included in the Omnibus Hearing under Rule 11 or in the evidentiary hearing under Rule 12. The court must make findings of fact and conclusions of law on the record supporting its decision.(7) Alibi. If the defendant intends to offer evidence of an alibi, the defendant must inform the prosecutor of: (a) the specific place or places where the defendant was when the alleged offense occurred;(b) the names and addresses of the witnesses the defendant intends to call at the trial in support of the alibi. As soon as practicable, the prosecutor must then inform the defendant of the names and addresses of the witnesses the prosecutor intends to call at trial to rebut the testimony of any of the defendant's alibi witnesses.
(8) Criminal Record. The defendant must inform the prosecutor of any convictions the defendant has, provided the prosecutor informs the defense of the defendant's record of convictions known to the prosecutor. Subd. 2. Discovery by Court Order.
(1) Disclosures Permitted. On the prosecutor's motion, with notice to the defense and a showing that one or more of the discovery procedures described below will materially aid in determining whether the defendant committed the offense charged, the court before trial may, subject to constitutional limitations, order a defendant to: (b) Speak for the purpose of voice identification or for taking voice prints;(c) Permit finger, palm, or foot-printing;(d) Permit body measurements;(e) Pose for photographs not involving re-enactment of a scene;(f) Permit the taking of blood, hair, saliva, urine, or samples of other bodily materials that do not involve unreasonable intrusion, but the court must not permit a blood sample to be taken except on a showing of probable cause to believe that the test will aid in establishing the defendant's guilt;(g) Provide specimens of the defendant's handwriting; and(h) Submit to reasonable physical or medical inspection.(2) Notice of Time and Place of Disclosures. The prosecutor must give the defense reasonable notice of the time and place the defendant must appear for any discovery purpose listed above.(3) Medical Supervision. Blood tests must be conducted under medical supervision. The court may require medical supervision for any other test ordered under this rule. On the defendant's motion, the court may delay the defendant's appearance for a reasonable time, or may order that it take place at the defendant's residence, or some other convenient place.(4) Notice of Results of Disclosure. The prosecutor must tell the defense the results of the procedures within 5 days of learning the result, unless the court orders otherwise.(5) Other Methods Not Excluded. The discovery procedures provided in this rule do not exclude other lawful methods available for obtaining the evidence discoverable under this rule.Subd. 3. Information Not Subject to Disclosure by Defendant; Work Product. Unless these rules direct otherwise, legal research, records, correspondence, reports, or memoranda, to the extent they contain the opinions, theories, or conclusions of the defendant or defense counsel or persons participating in the defense, are not subject to disclosure.
Amended June 28, 2018, effective 9/1/2018.