Minnesota Rules of Evidence

Rules of evidence are a set of rules to establish what can be brought forth as evidence in court and to regulate how evidence is collected, presented and applied in court.  Minnesota Rules of Evidence govern proceedings in the courts of Minnesota. These rules apply to all actions and proceedings in the courts of this State.

However, the rules other than those with respect to privileges do not apply in the following situations:

  • During determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court.
  • Proceedings before grand juries.
  • During miscellaneous Proceedings such as for extradition or rendition; detention hearing in criminal cases; sentencing, granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise.
  • During contempt proceedings in which the court may act summarily.

Minnesota Rules of Evidence are construed to secure fairness in administration and elimination of unjustifiable expense and delay.  In addition, the rules aim at promotion of growth and development of the law of evidence for ascertaining truth and justly determining proceedings.

Table of Contents of Minnesota Rules of Evidence.

ARTICLE 1. GENERAL PROVISIONS 6

101. Scope

102. Purpose and Construction

103. Rulings on Evidence

104. Preliminary Questions

105. Limited Admissibility

106. Remainder of or Related Writings or Recorded Statements

ARTICLE 2. JUDICIAL NOTICE 1

201. Judicial Notice of Adjudicative Facts

ARTICLE 3. PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS 1

301. Presumptions in General in Civil Actions and Proceedings

ARTICLE 4. RELEVANCY AND ITS LIMITS 12

401. Definition of “Relevant Evidence”

402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible

403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time

404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes

405. Methods of Proving Character

406. Habit; Routine Practice

407. Subsequent Remedial Measures

408. Compromise and Offers to Compromise

409. Payment of Medical and Similar Expenses

410. Offer to Plead Guilty; Nolo Contendere, Withdrawn Plea of Guilty

411. Liability Insurance

412. Past Conduct of Victim of Certain Sex Offenses

ARTICLE 5. PRIVILEGES 1

501. General Rule

ARTICLE 6. WITNESSES 17

601. Competency

602. Lack of Personal Knowledge

603. Oath or Affirmation

604. Interpreters

605. Competency of Judge as Witness

606. Competency of Juror as Witness

607. Who May Impeach

608. Evidence of Character and Conduct of Witness

609. Impeachment by Evidence of Conviction of Crime

610. Religious Beliefs or Opinions

611. Mode and Order of Interrogation and Presentation

612. Writing Used to Refresh Memory

613. Prior Statements of Witnesses

614. Calling and Interrogation of Witnesses by Court

615. Exclusion of Witnesses

616. Bias of Witness

617. Conversation with Deceased or Insane Person

ARTICLE 7. OPINIONS AND EXPERT TESTIMONY 6

701. Opinion Testimony by Lay Witness

702. Testimony by Experts

703. Bases of Opinion Testimony by Experts

704. Opinion on Ultimate Issue

705. Disclosure of Facts or Data Underlying Expert Opinion

706. Court Appointed Experts

ARTICLE 8. HEARSAY 7

801. Definitions

802. Hearsay Rule

803. Hearsay Exceptions; Availability of Declarant Immaterial

804. Hearsay Exceptions; Declarant Unavailable

805. Hearsay Within Hearsay

806. Attacking and Supporting Credibility of Declarant

807. Residual Exception

ARTICLE 9. AUTHENTICATION AND IDENTIFICATION 3

901. Requirement of Authentication or Identification

902. Self-authentication

903. Subscribing Witness’ Testimony Unnecessary

ARTICLE 10. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS 8

1001. Definitions

1002. Requirement of Original

1003. Admissibility of Duplicates

1004. Admissibility of Other Evidence of Contents

1005. Public Records

1006. Summaries

1007. Testimony or Written Admission of Party

1008. Functions of Court and Jury

ARTICLE 11. MISCELLANEOUS RULES 1

1101. Rules Applicable

Minnesota Rules of Evidence


Inside Minnesota Rules of Evidence