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Rule 10.

Rule 10.

Discovery

10.01 Scope and ApplicationRule 10 applies to discovery for delinquency proceedings, certification hearings and extended jurisdiction juvenile proceedings and prosecutions. Pursuant to Rule 17.07, this rule may apply, in the discretion of the court, to juvenile petty and juvenile traffic proceedings. The discovery procedures provided for by this rule do not exclude other lawful methods available for obtaining evidence.

(Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2003.)

10.02 Evidence and Identification DisclosureThe prosecuting attorney shall advise the child’s counsel in writing of:(A) any evidence against the child obtained as a result of a search, seizure, wiretapping or any form of electronic or mechanical eavesdropping;(B) any confessions, admissions, or statements in the nature of confessions made by the child;(C) any evidence against the child discovered as a result of confessions, admissions or statements in the nature of confessions made by the child; and(D) any identification procedures involving the child, including but not limited to line-ups or other observations of the child and the exhibition of photographs of the child.The notice required by this rule shall be provided by the prosecutor within five (5) days of a not guilty plea by the child. If child’s counsel makes a demand for disclosure pursuant to this rule, the disclosures shall be provided within five (5) days of the demand. Evidence which becomes known to the prosecutor after the deadlines for disclosure provided here, shall immediately be disclosed to child’s counsel.

(Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2003.)

10.03 Notice of Additional OffensesThe prosecuting attorney shall advise child’s counsel of evidence of any additional offenses that may be offered at the trial under any exclusionary rule exceptions. Such additional acts shall be described with sufficient particularity to enable the child to prepare for the trial. The notice need not include offenses for which the child has been previously prosecuted, or that may be offered in rebuttal of character witnesses for the child or as a part of the occurrence or episode out of which the charges against the child arose. Notice of additional offenses shall be given at or before the pretrial or omnibus hearing or as soon after those hearings as the offenses become known to the prosecutor. If there is no pretrial or omnibus hearing, the notice shall be given at least seven (7) days before the trial.

(Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2003.)

(Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2003.)

10.05 Disclosure by ChildSubdivision 1. Information Subject to Disclosure Without Order of Court.After a charging document is filed, if the prosecuting attorney makes a request, the child’s counsel shall make the following disclosures within five (5) days of the receipt of the request.(A) Documents and Tangible Objects. The child’s counsel shall disclose and permit the prosecuting attorney to inspect and copy books, papers, documents, photographs and tangible objects which the child intends to introduce in evidence at the trial, extended jurisdiction juvenile proceeding or prosecution or certification hearing. If the child’s counsel intends to offer evidence of buildings or places at the trial, extended jurisdiction juvenile proceeding or prosecution or certification hearing, the child’s counsel shall permit the prosecuting attorney to inspect and photograph such buildings or places.(B) Reports of Examinations and Tests. The child’s counsel shall disclose and permit the prosecuting attorney to inspect and copy any results or reports of physical or mental examinations, scientific tests, experiments and comparisons made in connection with the particular matter within the possession or control of the child which the child intends to introduce in evidence at the trial, extended jurisdiction juvenile proceeding or prosecution or certification hearing or which were prepared by a witness whom the child intends to call at the trial, extended jurisdiction juvenile proceeding or prosecution or certification hearing when the results or reports relate to the testimony of the witness.(C) Notice of Defense, Witnesses for the Child and Record.(1) Notice of Defenses. The child’s counsel shall inform the prosecuting attorney in writing of any defense, other than that of a denial, on which the child intends to rely at the trial, including but not limited to the defenses of self-defense, entrapment, duress, alibi, double jeopardy, statute of limitations, collateral estoppel, a defense pursuant to Minnesota Statutes, section 609.035, or intoxication. Notice of a defense of mental illness or cognitive impairment is governed by Rule 20.02, subdivision 1.(2) Witnesses for the Child. The child’s counsel shall provide the prosecuting attorney with the names and addresses of persons whom the child intends to call as witnesses at the trial, extended jurisdiction juvenile proceeding or prosecution or certification hearing together with their prior record of adult convictions, any prior record of proven allegations of delinquency and any prior delinquency adjudications within the actual knowledge of the child’s counsel.(3) Statements of Witnesses for the Child. The child’s counsel shall permit the prosecuting attorney to inspect and copy any relevant written or recorded statements of the persons whom the child intends to call as witnesses at the trial, extended jurisdiction juvenile proceeding or prosecution or certification hearing and which are within the possession or control of the child’s counsel and shall permit the prosecuting attorney to inspect and copy any written summaries within the knowledge of the child or the child’s counsel of the substance of any oral statements made by such witnesses to the child’s counsel or obtained by the child at the direction of counsel.(4) Alibi. If the child intends to offer evidence of an alibi, the child’s counsel shall also inform the prosecuting attorney of the specific place or places where the child contends the child was when the alleged delinquent act occurred and shall inform the prosecuting attorney of the names and addresses of the witnesses the child intends to call at the trial in support of the alibi.(5) Record. The child’s counsel shall inform the prosecuting attorney of any prior allegations of a delinquency which have been proved and any prior adjudications of delinquency of the child. A child shall not be required to reveal prior offenses which might result in enhancement of pending enhanceable offenses.Subd. 2.Disclosure Upon Order of Court.(A) Disclosure Procedures With Child. Upon motion of the prosecuting attorney and a showing that one or more of the following procedures will be material in determining whether the child committed the alleged act or should be certified or is an extended jurisdiction juvenile, the court at any time before a hearing may, subject to constitutional limitations, order the child to:(1) appear in a line-up;(2) speak for identification by witnesses to an offense or for the purpose of taking voice prints;(3) be fingerprinted or permit palm prints or footprints to be taken;(4) permit measurements of the child’s body to be taken;(5) pose for photographs not involving re-enactment of a scene;(6) permit the taking of samples of blood, hair, saliva, urine and other materials of the child’s body which involve no unreasonable intrusion;(7) provide specimens of handwriting; or(8) submit to reasonable physical or medical inspection of the child’s body.(B) Notice of Time and Place of Discovery Procedures With Child. Whenever the personal appearance of the child is required for procedures ordered pursuant to Rule 10.05, subdivision 2(A), the prosecuting attorney shall inform the child’s counsel of the time and place of the procedure.(C) Medical Supervision. Blood tests shall be conducted under medical supervision and the court may require medical supervision for any other test ordered pursuant to this rule when the court deems such supervision necessary. Upon motion of the child’s counsel, the court may order the child’s appearance delayed for a reasonable time or may order that tests take place at the child’s residence or some other convenient place.(D) Notice of Results. The prosecuting attorney shall make available to the child’s counsel the results of the procedures provided by Rule 10.05, subdivision 2(A) within five (5) days from the date the results become known to the prosecuting attorney, unless otherwise ordered by the court.Subd. 3.Information Not Subject to Disclosure by Child.(A) Opinions, Theories or Conclusions. Unless otherwise provided by these rules, any legal research, records, correspondence, reports or memoranda to the extent that they contain the opinions, theories, or conclusions of the child, the child’s counsel, members of counsel’s staff or counsel’s agents participating in the representation of the child are not subject to disclosure.(B) Reports. Except as provided by Rule 10.05, subdivision 1(A) and (B) and (C)(2), (3), and (5), reports, memoranda or internal documents made by the child’s counsel or members of counsel’s staff, or counsel’s agents in connection with the defense of the matter against the child are not subject to disclosure.

(Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2003; amended effective September 1, 2018.)

10.06 Regulation of DiscoverySubdivision 1. Investigations Not to be Impeded.(A) Prosecuting Attorney. The prosecuting attorney or agents for the prosecuting attorney shall not advise persons having relevant material or information to refrain from discussing the case with the child’s counsel or from showing opposing counsel any relevant materials nor shall they otherwise impede investigation of the case by the child’s counsel.(B) Child, Child’s Counsel, or Agents for Child’s Counsel. The child, child’s counsel, or agents for the child or child’s counsel shall not advise persons having relevant material or information to refrain from discussing the case with opposing counsel or their agents or from showing opposing counsel any relevant materials nor shall they otherwise impede opposing counsel’s investigation of the case except the child’s counsel may:(1) advise the child that the child need not talk to anyone, and(2) advise the child’s parent(s), legal guardian, and legal custodian that they may refrain from discussing any relevant material or information obtained as a result of privileged communication between the child and the child’s counsel.Subd. 2.Continuing Duty to Disclose.If, after compliance with any discovery rule or order, the prosecuting attorney or the child’s counsel discovers additional material, information or witnesses subject to disclosure, counsel shall promptly notify the opposing side of the existence of the additional material or information and the identity of the witnesses. The prosecuting attorney and the child’s counsel have a continuing duty at all times before and during trial to supply the materials and information required by these rules.Subd. 3.Time, Place and Manner of Discovery and Inspection.An order of the court permitting discovery shall specify the time, place and manner of making the discovery and inspection permitted and may prescribe such terms and conditions as are just.Subd. 4.Custody of Materials.Any materials furnished to the prosecuting attorney or the child’s counsel under discovery rules or court orders shall remain in the custody of the prosecuting attorney or the child’s counsel and shall be used only for the pending case and shall be subject to such other terms and conditions as the court may prescribe.Subd. 5.Protective Orders.Upon a showing of reasonable cause, the court may at any time order that specified disclosures be restricted or deferred or make such other order as is appropriate. However, all materials and information to which the prosecuting attorney or the child’s counsel is entitled must be disclosed in time to afford the opportunity to make beneficial use of it.Subd. 6.Excision.If only a portion of materials are discoverable under these rules, that portion shall be disclosed. If material is excised pursuant to judicial order, it shall be sealed and preserved in the records of the court to be made available to the reviewing court in the event of an appeal or habeas corpus proceeding.Subd. 7.Sanctions.(A) Continuance or Order. If at any time it is brought to the attention of the court that the prosecuting attorney, the child or child’s counsel has failed to comply with an applicable discovery rule or order, the court may upon motion, order discovery or inspection, grant a continuance, or enter such order as it deems just in the circumstances.(B) Contempt. Any person who willfully disobeys a court order under these discovery rules may be held in contempt.Subd. 8.Expense.If the child or the parent(s) of the child cannot afford the costs of discovery, these costs will be at public expense in whole or in part depending on the ability of the child or the parent(s) of the child to pay.

(Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2003.)

10.07 Taking DepositionsSubdivision 1. Deposition of Unavailable Witness.Upon motion, the court may order the deposition of a prospective witness when there is a reasonable probability the testimony of the witness will be used at a trial or hearing and:(A) there is a reasonable probability the witness will be unable to be present or to testify at the trial or hearing because of the witness’ physical or mental illness, infirmity, or death; or(B) the person requesting the deposition has been unable to procure the attendance of the witness by subpoena, order of the court, or other reasonable means; or(C) there is a stipulation by counsel; or(D) there is another reason accepted by the court.Subd. 2.Procedure.The court may order that the deposition be taken orally before any designated person authorized to administer oaths and that any designated book, paper, document, record, recording or other material not privileged, be produced at the same time and place. The order shall direct the child to be present when the deposition is being taken.(A) Oral Deposition. Depositions shall be taken upon oral examination.(B) Oath and Record. The witness shall be put under oath and a verbatim record of the testimony shall be made in the manner directed by the court. In the event the court orders that the testimony at a deposition be recorded by other than stenographic means, the order shall designate the manner of recording, preserving and filing the deposition, and may include other provisions to assure that the recorded testimony will be accurate and trustworthy. If this order is made, the prosecuting attorney or the child’s counsel may nevertheless arrange to have a stenographic transcription made at their own expense.(C) Scope and Manner of Examination–Objections, Motion to Terminate.(1) Consent Required. In no event shall the deposition of a child who is charged with an offense be taken without the child’s consent.(2) Scope and Manner of Taking. The scope and manner of examination and cross-examination in the taking of a deposition to be used at trial shall be the same as that allowed at the trial. The scope and manner of examination and cross-examination in the taking of a deposition to be used at a certification or extended jurisdiction juvenile hearing shall be the same as would be allowed at a certification or extended jurisdiction juvenile hearing.(3) Objections. All objections made at the time of the examination to the qualifications of the person taking the deposition, or to the manner of taking it, or to the evidence presented or to the conduct of any person present at the depositions and any other objection to the proceedings shall be recorded by the person before whom the deposition is taken. Evidence objected to shall be taken subject to the objections unless the objection is based on the witness’s use of the Fifth Amendment.(4) Limitation upon Motion. At any time, on motion of the child’s counsel or the prosecuting attorney, or of the deponent, the court may limit the taking of the deposition to that which is commensurate in cost and duration with the needs of the case, the resources available and the issues.At any time during the taking of the deposition, on motion of the child’s counsel or the prosecuting attorney, or of the deponent, and upon a showing that the examination is being conducted in bad faith or in such manner as to annoy, embarrass or oppress the deponent, the child, the child’s counsel or prosecuting attorney or to elicit privileged testimony, the court which ordered the deposition taken may order the person conducting the examination to cease forthwith from taking the deposition or may limit the scope and manner of taking the deposition by ordering as follows:(A) that certain matters not be inquired into or that the scope of examination be limited to certain matters, or(B) that the examination be conducted with no one present except persons designated by the court.Upon demand of the child’s counsel, the prosecuting attorney or the deponent, the taking of the deposition shall be suspended for the time necessary to move for the order.Subd. 3.Transcription, Certification, and Filing.When the testimony is fully transcribed, the person before whom the deposition was taken shall certify on the deposition that the witness was duly sworn and that the deposition is a verbatim record of the testimony given by the witness. That person shall then secure the deposition, noting the title of the case and “Deposition of (here insert name of witness)” and shall promptly file it under seal with the court in which the case is pending. The deposition must not be unsealed or disclosed except by court order. Upon the request of the child’s counsel or the prosecuting attorney, documents and other things produced during the examination of a witness, or copies thereof, shall be marked for identification and annexed as exhibits to the deposition, and may be inspected and copied by the child’s counsel and the prosecuting attorney. The person taking the deposition shall mark the exhibits, and after giving opposing counsel an opportunity to inspect and copy them, return the exhibits to the person producing them. The exhibits may then be used in the same manner as if annexed to the deposition.Subd. 4.Failure to Appear.Failure of the child to appear after notice is given will not prohibit the deposition from being taken.Subd. 5.Expense of Depositions.If the child or the parent(s) of the child cannot afford the costs of depositions, these costs shall be paid at public expense in whole or in part, depending on the ability of the child or the parent(s) of the child to pay.

*(Amended effective for all juveniles taken into custody and all juvenile delinquency actions commenced or children taken into custody after 12 o’clock midnight September 1, 2003; amended effective July 1, 2015.)*Comment–Rule 10Minn. R. Juv. Del. P. 10.02 is modeled after the Minn. R. Crim. P. 7.01. A suggested form for the notice to be provided by this rule is included in the appendix of forms, following these rules.Minn. R. Juv. Del. P. 10.03 is modeled after Minn. R. Crim. P. 7.02 and would encompass the commonly referred to Spreigl notice derived from State v. Spreigl, 139 N.W.2d 167 (1965).Minn. R. Juv. Del. P. 10.05 subd 1(C)(5) provides that a child is not required to reveal prior offenses which might result in enhancement of pending enhanceable offenses. An example of an “enhanceable offense” is a pending misdemeanor fifth degree assault which could be amended to a gross misdemeanor under Minnesota Statutes 2002, section 609.224, subdivision 2, if the prosecutor knew, for instance, of the child’s prior adjudication for misdemeanor assault against the same victim in another county.References in this rule to “child’s counsel” include the child who is proceeding pro se. Minn. R. Juv. Del. P. 1.01.

Source: Minnesota Office of the Revisor of Statutes