MINNESOTA COURT RULES - Criminal Procedure 2 - Rule 18 - Grand Jury

Aug 26, 2026

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Minnesota Court Rules—Criminal Procedure set out detailed requirements for the summoning, selection, organization, and operation of grand juries under Rule 18. The rule requires grand juries to be drawn at least annually and describes how jurors are selected, including specific handling for St. Louis County. It defines membership and quorum, the grand jury’s charge after swearing, who may be present during sessions, and strict limits during deliberations.

LanguageEnglish

CategoryResearch & Report

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Pages5

Reading Time13 min

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Rule 18. Grand Jury

18.01 Summoning Grand Juries

18.02 Organization of Grand Jury

18.03 Who May Be Present

18.04 Record of Proceedings

18.05 Kind and Character of Evidence

MINNESOTA COURT RULES 1 CRIMINAL PROCEDURE Rule 18. Grand Jury 18.01 Summoning Grand Juries Subd. 1. When Summoned. The court must order that one or more grand juries be drawn at least annually. The grand jury must be summoned and convened whenever required by the public interest, or whenever requested by the county attorney. On being drawn, each juror must be notified of selection. The court must prescribe by order or rule the time and manner of summoning grand jurors. Vacancies in the grand jury panel must be filled in the same manner as this rule provides. Subd. 2. How Selected and Drawn. Except as provided for St. Louis County, the grand jury must be drawn from a list composed of the names of persons selected at random from a fair crosssection of the statutorily qualified residents of the county. In St. Louis County, a grand jury list must be selected from residents of each of the three districts of St. Louis County. When the offense is committed nearer to Virginia or Hibbing than to the county seat, the case must be submitted to the grand jury in Virginia or Hibbing. 18.02 Organization of Grand Jury Subd. 1. Members; Quorum. A grand jury consists of not more than 23 nor fewer than 16 persons, and must not proceed unless at least 16 members are present. Subd. 2. Organization and Proceedings. The grand jury must be organized and its proceedings conducted as provided by statute, unless these rules direct otherwise. A grand juror maybe objected to as provided in Minnesota Statutes, section 628.54. The court must remove any prospective grand juror who lacks any qualification under law. (Amended effective July 1, 2025.) Subd. 3. Charge. After swearing the grand jury, the court must instruct it on its duties. 18.03 Who May Be Present Prosecutors, the witness under examination, qualified interpreters for witnesses disabled in communication, or for jurors with a sensory disability, and for the purpose of recording the evidence, a reporter or operator of a recording instrument may be present while the grand jury is in session. No person other than the jurors and any qualified interpreters for any jurors with a sensory disability may be present while the grand jury is deliberating or voting. On the court's order and a showing of necessity, for security purposes, a designated peace officer may be present while a specified witness testifies. If a witness at the grand jury requests, and has effectively waived the privilege against selfincrimination, or has been granted use immunity, the attorney for the witness may be present while the witness testifies, provided the attorney is present for that purpose, or the attorney's presence can be secured without unreasonably delaying the grand jury proceedings. The attorney cannot participate in the grand jury proceedings except to advise and consult with the witness while the witness testifies. By order of the court based on a particularized showing of need, a witness under the age of 18 may be accompanied by a parent, guardian or other supportive person while that child witness testifies at the grand jury. The parent, guardian or other supportive person must not participate in the grand jury proceedings, and must not be permitted to influence the content of the witness's testimony. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. MINNESOTA COURT RULES CRIMINAL PROCEDURE 2 In choosing the parent, guardian or other supportive person, the court must determine whether the person is appropriate, including whether the person may become a witness in the case, or may exert undue influence over the child witness. The court must instruct the person on the proper role for that person in the grand jury proceedings. 18.04 Record of Proceedings Subd. 1. Verbatim Record. A verbatim record must be made of all statements made, evidence taken, and events occurring before the grand jury except deliberations and voting. T

FAQs

How often must Minnesota summons grand juries, and when are they required?

The court must order one or more grand juries to be drawn at least annually, and it must summon and convene a grand jury whenever required by the public interest or when requested by the county attorney.

How are grand juries selected and drawn under Rule 18.01?

Generally, the grand jury is drawn from a randomly selected list of statutorily qualified county residents. For St. Louis County, the list is selected from residents of each of the three districts, and venue considerations determine whether the case goes to Virginia or Hibbing.

Who may be present during grand jury proceedings, and what restrictions apply during deliberations?

Prosecutors, the witness under examination, qualified interpreters for disabled witnesses or jurors, and a reporter or recording operator may be present for recording purposes. No one other than jurors and qualified interpreters may be present while the grand jury is deliberating or voting.

Aug 26, 2026

Uploaded by Jiven