Minn. R. Crim. P. 12.08

As amended through July 3, 2024

Rule 12.08 - Record

Subd. 1.Record. A verbatim record of the proceedings must be made unless waived by the parties.

Subd. 2.Audio and Video Evidence. If any party offers video or audio evidence, that party must not be required to provide a transcript of the evidence as a prerequisite to admissibility. If the party provides a transcript of the evidence, and the court admits the transcript as an illustrative exhibit, the transcript becomes part of the record, used for illustrative purposes with the exhibit only. The court reporter must not transcribe video or audio evidence.

Subd. 3.Transcript and Filing.Rule 11.10, subds. 2 and 3 govern filings and obtaining a transcript.

Minn. R. Crim. P. 12.08

Amended December 10, 2019, effective 3/1/2020.

Comment-Rule 12

This rule permits the court to order a pre-trial conference. Any Rasmussen issues will ordinarily be heard immediately before trial. At the pretrial conference the court will consider the same matters for which an Omnibus Hearing must be held in felony and gross misdemeanor cases (see Rule 11).

Rule 12.08, subd. 2, permits any party offering video or audio evidence to also provide to the court a transcript of the evidence. This rule does not govern whether any such transcript is admissible as evidence in the case. That issue is governed by Article 10 of the Minnesota Rules of Evidence. However, upon an appeal of the proceedings, the transcript of the exhibit will be part of the record if the other party stipulated to the accuracy of the tape transcript as provided in Rule 28.02, subd. 9.

Rule 12.07 provides for the continuation of the pretrial conference if necessary to dispose of the issues presented. For the purpose of taking testimony or other good cause the court may continue the determination of issues or motions until the day of trial. Such a continuance, where testimony is required, will save witnesses an additional court appearance where those witnesses would be testifying at trial.