Minn. R. Crim. P. 7.02

As amended through February 1, 2024
Rule 7.02 - Notice of Other Offenses

Subd. 1. Notice of Other Crime, Wrong, or Act. The prosecutor must notify the defendant or defense counsel in writing of any crime, wrong, or act that may be offered at the trial under Minnesota Rule of Evidence 404(b). No notice is required for any crime, wrong, or act:

(a) previously prosecuted,
(b) offered to rebut the defendant's character evidence, or
(c) arising out of the same occurrence or episode as the charged offense.

Subd. 2. Notice of a Specific Instance of Conduct. The prosecutor must notify the defendant or defense counsel in writing of the intent to cross-examine the defendant or a defense witness under Minnesota Rule of Evidence 608(b) about a specific instance of conduct.

Subd. 3. Contents of Notice. The notice required by subdivisions 1 and 2 must contain a description of each crime, wrong, act, or specific instance of conduct with sufficient particularity to enable the defendant to prepare for trial.

Subd. 4. Timing.

(a) In felony and gross misdemeanor cases, the notice must be given at or before the Omnibus Hearing under Rule 11, or as soon after that hearing as the other crime, wrong, act, or specific instance of conduct becomes known to the prosecutor.
(b) In misdemeanor cases, the notice must be given at or before a pretrial conference under Rule 12, if held, or as soon after the hearing as the other crime, wrong, act, or specific instance of conduct becomes known to the prosecutor. If no pretrial conference occurs, the notice must be given at least 7 days before trial or as soon as the prosecutor learns of the other crime, wrong, act, or specific instance of conduct.

Minn. R. Crim. P. 7.02

Amended effective 9/1/2011.