Rule 25.02 - Continuance or Change of VenueThis rule governs a motion for continuance or change of venue because of prejudicial publicity.
Subd. 1.How Obtained. A continuance or change of venue may be granted on motion of any party or on the court's initiative.Subd. 2.Methods of Proof. The following are permissible methods of proof of grounds for a motion for change of venue due to pretrial publicity: (a) Testimony, affidavits, or written statements signed under penalty of perjury pursuant to Minnesota Statutes, section 358.116, from individuals in the community;(b) Qualified public opinion surveys; or(c) Other material having probative value. Testimony, affidavits, or written statements from individuals in the community must not be required as a condition for granting the motion.
Subd. 3.Standards for Granting the Motion. A motion for continuance or change of venue must be granted whenever potentially prejudicial material creates a reasonable likelihood that a fair trial cannot be had. Actual prejudice need not be shown.Subd. 4.Time of Disposition. If a motion for continuance or change of venue is made before the jury is sworn, the motion must be determined before the jury is sworn. A motion for reconsideration of a prior denial may be granted even after a jury has been sworn.Subd. 5.Limitations; Waiver. The court may grant more than one change of venue. The waiver of a jury or the failure to exercise all available peremptory challenges does not constitute a waiver of the right to a continuance or change of venue if a motion has been timely made.Amended effective 7/1/2015.