Minn. Gen. R. Prac. 4.02

As amended through February 1, 2024
Rule 4.02 - Exceptions
(a) A judge may authorize the use of electronic or photographic means for the presentation of evidence, for the perpetuation of a record or for other purposes of judicial administration.
(b) A judge may authorize the broadcasting, televising, recording or photographing of investitive, ceremonial or naturalization proceedings.
(c) In civil proceedings, a judge may authorize, without the consent of all parties the visual or audio recording and reproduction of appropriate court proceedings under the following conditions:
(i) There shall be no visual or audio coverage of jurors at any time during the trial, including voir dire.
(ii) There shall be no visual or audio coverage of any witness who objects thereto in writing or on the record before testifying.
(iii) Visual or audio coverage of judicial proceedings shall be limited to proceedings conducted within the courtroom, and shall not extend to activities or events substantially related to judicial proceedings that occur in other areas of the court building.
(iv) There shall be no visual or audio coverage within the courtroom during recesses or at any other time the trial judge is not present and presiding.
(v) Preceding or During or a jury trial, there shall be no visual or audio coverage of hearings that take place outside the presence of the jury. This provision does not prohibit visual or audio coverage of appropriate pretrial hearings in civil proceedings, such as hearings on dispositive motions.
(vi) There shall be no visual or audio coverage in cases involving child custody, marriage dissolution, juvenile proceedings, child protection proceedings, paternity proceedings, civil commitment proceedings, petitions for orders for protection, and proceedings that are not accessible to the public.
(d) In criminal proceedings occurring before a guilty plea has been accepted or a guilty verdict has been returned, a judge may authorize, with the consent of all parties in writing or made on the record prior to the commencement of the trial, the visual or audio recording and reproduction of appropriate court proceedings. Coverage under this paragraph is subject to the following limitations:
(i) There shall be no visual or audio coverage of jurors at any time during the trial, including voir dire.
(ii) There shall be no visual or audio coverage of any witness who objects thereto in writing or on the record before testifying.
(iii) Visual or audio coverage of judicial proceedings shall be limited to proceedings conducted within the courtroom, and shall not extend to activities or events substantially related to judicial proceedings that occur in other areas of the court building.
(iv) There shall be no visual or audio coverage within the courtroom during recesses or at any other time the trial judge is not present and presiding.
(v) Preceding or during a jury trial, there shall be no visual or audio coverage of hearings that take place outside the presence of the jury. Without limiting the generality of the foregoing sentence, such hearings would include those to determine the admissibility of evidence, and those to determine various motions, such as motions to suppress evidence, for judgment of acquittal, in limine, and to dismiss.
(e) In criminal proceedings occurring after a guilty plea has been accepted or a guilty verdict has been returned, a judge must absent good cause, allow visual or audio coverage. The fact that a guilty plea will be accented or a guilty verdict returned at the same hearing when sentencing will occur is not a basis to deny coverage of a sentencing proceeding. The consent of the parties is not required for coverage under this paragraph and lack of consent is not good cause to deny coverage. To determine whether there is good cause to prohibit coverage of the proceeding, or any part of it, the judge must consider (1) the privacy, safety, and well-being of the participants or other interested persons; (2) the likelihood that coverage will detract from die dignity of the proceeding; (3) the physical facilities of the court; and, (4) the fair administration of justice. Coverage under this paragraph is subject to the following limitations:
(i) No visual or audio coverage is permitted when a jury is present, including for hearings to determine whether there are aggravating factors that would support an upward departure under the sentencing guidelines, or new pretrial and trial proceedings after a reversal on appeal or an order for a new trial.
(ii) No coverage is permitted at any proceeding held in a treatment court, including drug courts, mental health courts, veterans courts, and DWI courts.
(iii) No coverage is permitted in cases involving charges of under Minn. Stat. §§ 609.293-.3S2 or 609.185(aV2V or in any case in which a victim is a family or household member as defined in Minn. Stat. S 518B.01. subd. 2(b1. and the charges include an offense listed Minn. Stat. § 609.02, subd.16.
(iv) No visual or audio coverage is permitted of a victim, as defined in Minn. Stat. § 61 lA.01(b), or a person giving a statement on behalf of the victim as the victim's proxy, unless the victim and when applicable the victim's proxy, affirmatively acknowledges and agrees in writing before testifying to the proposed coverage.
(v) Visual or audio coverage must be limited to proceedings conducted within the courtroom, and shall not extend to activities or events substantially related to judicial proceedings that occur in other areas of the court building.
(vi) No visual or audio coverage within the courtroom is permitted during recesses or at any other time the trial judge is not present and presiding.

Minn. Gen. R. Prac. 4.02

Amended effective 7/1/2011; amended effective 9/1/2018.