Before a Minnesota criminal case reaches trial, the prosecution must share defined categories of its evidence with the defense. Those disclosure duties come from Rule 9 of the Minnesota Rules of Criminal Procedure and run in both directions.
Rule 9 Governs Discovery in Criminal Cases
Discovery is the exchange of evidence before trial. Rule 9 sets the timing, scope, and sanctions for that exchange so neither side faces surprise evidence at trial.
Minnesota Rule of Criminal Procedure 9 requires the prosecutor to let the defense inspect case materials at any reasonable time on request. Rule 9 sets no number of days for that request, but the prosecutor’s disclosure is due before the omnibus hearing. Put requests in writing. A dated copy proves when the defense asked.
The Prosecutor’s Required Disclosures
Without a court order, the rule requires the prosecutor to disclose:
- Names and addresses of trial witnesses, along with their criminal records.
- Statements of any kind known to the prosecutor.
- Police reports, documents, photographs, and tangible objects.
- Results of tests, examinations, and comparisons.
- Exculpatory information.
- Evidence the prosecutor may use to seek an aggravated sentence.
Because disclosure follows the defense’s request, a defendant should ask an Edina criminal defense lawyer to send that request early. Each item should then be checked against the police report to find anything missing.
Exculpatory Information Is on the List
Exculpatory information is evidence that tends to show the accused did not commit the offense or is less culpable. The rule requires the prosecutor to disclose it along with the evidence supporting the charge.
Understanding how prosecutors build cases shows where the disclosed evidence is strong and where it is thin. That comparison guides which motions the defense files next.
Material Held by Investigators
The prosecutor’s duties extend to material held by prosecution staff and by others who investigated the case and report to the prosecutor’s office. On the defense’s motion and for good cause, the court may also require the prosecutor to help the defense obtain material held by other government agencies.
Disclosure is one stage in the criminal case process, and it happens before the omnibus hearing where pretrial issues are decided. Missing material identified at this stage can be raised before that hearing.
The Defense Has Disclosure Duties Too
When the prosecutor asks, the defense must disclose what it intends to use at trial. That covers documents, photographs, objects, test reports, and witness names. The defense must also give written notice of any defense other than not guilty, such as self-defense, alibi, or intoxication.
A claim of self-defense must be disclosed in writing, which makes self-defense in assault cases a matter for early planning. That written notice is due on the prosecutor’s request, before the omnibus hearing.
Disclosure Continues After the First Exchange
Both sides must promptly disclose newly discovered material before and during trial. When a party fails to comply, the court can order compliance, grant a continuance, or enter any order it considers just.
New material can change how a defendant weighs plea bargain options, so each late disclosure is reviewed against the offer on the table. A continuance may be requested when the new material needs time to test.
Lab Results and Testing Notice
The rule requires notice and an opportunity for the defense to test or observe when testing might alter evidence. That protection applies in cases built on lab analysis of a substance or a sample.
In a drug case the lab reports and testing notices show whether the defense had that opportunity, and an Edina drug crime lawyer would need both. A missing notice can be raised with the court.
Reading a Disclosure Against the Police Report
A disclosure is read line by line against the police report, and gaps are raised before the omnibus hearing. The defense file then reflects what the prosecution actually has in hand.
Our firm, Archambault Criminal Defense, is a solo practice led by Derek Archambault, who has spent all 16 years of his career in criminal law. His practice is on the defense side only, the side that receives the disclosures described above.
Requesting the File Before the Omnibus Hearing
Access to the prosecutor’s materials depends on the defense’s request, so timing shapes what the defense knows going into the omnibus hearing. Requests made late leave less time to follow up on what the materials reveal.
While there is still time to request the file, a defendant in Edina should reach out to an Edina criminal defense lawyer about the charging documents. Those documents point to the materials worth requesting first.
