Subdivision 1. Authority to promulgate. The supreme court may promulgate rules of evidence regulating all evidentiary matters in civil and criminal actions in all courts of the state. Such rules shall not abridge, enlarge or modify the substantive rights of any person.
Subd. 2. Advisory committee. Before any such rules are adopted the supreme court shall appoint an advisory committee consisting of eight lawyers licensed to practice law in the state and at least two judges of the district court to assist the court in considering and preparing such rules.
Subd. 3. [Repealed, 1993 c 13 art 1 s 44]
Subd. 4. Distribution of proposed rules; hearing. Before any such rule is adopted, the supreme court shall distribute copies of the proposed rule to the judiciary and attorneys of the state for their consideration and suggestions and give due consideration to such suggestions as they may submit to the court. The Minnesota State Bar Association, or a professional judicial organization may file with the court a petition specifying their suggestions concerning any existing or proposed rule and requesting a hearing thereon. The court shall thereupon grant a hearing thereon within six months after the filing of the petition.
Subd. 5. Promulgation. (a) All rules promulgated under this section shall be effective at a time fixed by the court and shall be published in the appendix to the official reports of the supreme court and shall be bound therewith.
(b) The commissioner of administration shall print, publish and distribute copies thereof to the judiciary and attorneys as required by law. The commissioner shall make 500 copies available, without cost, to the superintendent of the Bureau of Criminal Apprehension for distribution by the superintendent to local law enforcement agencies of the state.
Subd. 6. Present laws effective until modified; rights reserved. Present statutes relating to evidence shall be effective until modified or superseded by court rule. If a rule of evidence is promulgated which is in conflict with a statute, the statute shall thereafter be of no force and effect. The supreme court, however, shall not have the power to promulgate rules of evidence which conflict, modify, or supersede the following statutes:
(1) statutes which relate to the competency of witnesses to testify, found in sections 595.02 to 595.025;
(2) statutes which establish the prima facie evidence as proof of a fact;
(3) statutes which establish a presumption or a burden of proof;
(4) statutes which relate to the admissibility of statistical probability evidence based on genetic or blood test results, found in sections 634.25 to 634.30;
(5) statutes which relate to the privacy of communications; and
(6) statutes which relate to the admissibility of certain documents.
The legislature may enact, modify, or repeal any statute or modify or repeal any rule of evidence promulgated under this section.
1974 c 481 s 1; 1986 c 444; 1993 c 326 art 7 s 12; 1998 c 254 art 2 s 54
Structure Minnesota Statutes
Chapters 480 - 494 — Judiciary
Section 480.01 — Justices; Terms; Travel Expenses.
Section 480.011 — Office Of Associate Justice; Continuance In Office.
Section 480.013 — Terminology Of References To Chief Judge And Associate Judges.
Section 480.02 — Special Terms.
Section 480.03 — Pending Cases Continued.
Section 480.04 — Writs; Process.
Section 480.05 — Power; Rules.
Section 480.051 — Regulate Pleading, Practice And Procedure.
Section 480.0515 — Papers To Be Submitted On Recycled Paper.
Section 480.052 — Advisory Committee.
Section 480.054 — Distribution Of Proposed Rules; Hearing.
Section 480.055 — Rules Not In Conflict.
Section 480.056 — Present Laws Effective Until Modified.
Section 480.057 — Promulgation.
Section 480.058 — Right Reserved.
Section 480.059 — Criminal Actions, Pleadings, Practice And Procedure.
Section 480.0591 — Rules Of Evidence.
Section 480.0595 — Juvenile Court Rules.
Section 480.062 — Public Employees Claims Regarding Employment, Costs And Disbursements.
Section 480.065 — Uniform Certification Of Questions Of Law.
Section 480.07 — Clerk; Assistants, Records.
Section 480.09 — State Library.
Section 480.12 — Reports Of Decisions; Printing, Sale, And Distribution.
Section 480.13 — Court Administrator Office Created; Appointment, Term.
Section 480.15 — Powers And Duties.
Section 480.16 — Work Of Courts; Chief Justice's Direction.
Section 480.17 — Information And Data Requests; Compliance.
Section 480.175 — Qualified Court Interpreters.
Section 480.18 — Conference Of Judges; Judge's Expenses.
Section 480.181 — Transfer Of Employees To Judicial Branch.
Section 480.1811 — Postretirement Benefit Costs.
Section 480.182 — State Assumption Of Certain Court Costs.
Section 480.183 — Judicial Districts; Scheduled Dates Of State Transfer; Definition Of Services.
Section 480.19 — Application To Supreme And Other Courts.
Section 480.20 — Application To Substitution Of Probate Judges.
Section 480.21 — Resigned Judges, Appointment As Commissioners.
Section 480.22 — Location Of Chambers.
Section 480.23 — Computer Acquisition By Courts.
Section 480.235 — Trial Court Information System.
Section 480.236 — Software Sales.
Section 480.237 — Electronic Payments; Convenience Fees; Records Access.
Section 480.242 — Distribution Of Civil Legal Services Funds To Qualified Legal Services Programs.
Section 480.243 — Client Eligibility; Receipt Of Other Funds.
Section 480.244 — Revenue And Expenditure Records; Postaward Audits.