Minnesota Jury Instructions - Defendant's Failure to Testify
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Rule 26.03 - Protective Orders (a) In General. (b) Ordering Discovery. If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery.
If a juror has been influenced by outside information as a result of jury tampering, juror misconduct, or simple mistake, then the judge might declare a mistrial and grant the defendant a new trial.
Pursuant to Minnesota Rules of Criminal Procedure (20.01 and 20.02), Rule 20 evaluations occur in criminal cases when there is a belief that a defendant may not be competent to proceed with the case or was not responsible at the time of the alleged offense because of mental illness or developmental disability.
A person does not qualify to serve if the person is any of the following: under a sentence for a felony conviction; a former juror who served on a state or federal grand or petit jury in the past four years; or a judge serving in the judicial branch.
The fact that a defendant did not testify may not be considered by the jury as proof that the defendant committed the crime. The defense may also waive his case.
Rule 26.06 - Discovery Conference and Discovery Plan (a) Conference Timing. Except in a proceeding exempted from initial disclosure under Rule 26.01(a)(2) or when the court orders otherwise, the parties must confer as soon as practicable-and in any event within 30 days from the initial due date for an answer.
A party that is first served or otherwise joined after the initial disclosures are due under Rule 26.01(a)(3) must make the initial disclosures within 30 days after being served or joined, unless a different time is set by stipulation or court order. (5) Basis for Initial Disclosure; Unacceptable Excuses.
(1) Right to Jury Trial. (a) Offenses Punishable by Incarceration. A defendant has a right to a jury trial for any offense punishable by incarceration.
