Minn. R. Crim. P. 26.02 (2026)

Subd. 1.Jury List.

The jury list must be composed of persons randomly selected from a fair cross-section of qualified county residents. The jury must be drawn from the jury list.

Subd. 2.Juror Information.

(1) Juror Lists.

(a) Jury Panel List With Demographic Information. Unless the court orders otherwise after a hearing, the court administrator must provide to the parties prior to trial a list of persons on the jury panel, including name, city as reported on the juror qualification questionnaire, occupation, education, children's ages, spouse's occupation, birth date, reported race and whether or not of Hispanic origin, gender, and marital status. The panel list must be filed after the trial has concluded, if not already filed, and must be maintained as nonpublic due to the presence of juror race.

(b) Random Juror List. The random juror list that is generated for the case, and may be used during voir dire to indicate strikes, must not include juror race. The random juror list must be filed after the trial has concluded, if not already filed, and must be made available to the public.

(2) Anonymous Jurors. On any party's motion, if a strong reason exists to believe that the jury needs protection from external threats to its members' safety or impartiality, the court may restrict access to prospective and selected jurors' names, addresses, and other identifying information.

The court must hold a hearing on the motion and make detailed findings of fact supporting its decision to restrict access to juror information.

The findings of fact must be made in writing or on the record in open court. If ordered, jurors may be identified by number or other means to protect their identity. The court may restrict access to juror identity as long as necessary to protect the jurors. The court must minimize any prejudice the restriction has on the parties. The court's order must include specific direction on if and when juror identities must be made public.

(3) Supplemental Jury Questionnaires.

(a) Use of supplemental questionnaires. On the request of a party or on its own initiative, the court may order use of a jury questionnaire as a supplement to voir dire. The questionnaire must be approved by the court, and must be sworn to in court or signed by the prospective juror under penalty of perjury pursuant to Minnesota Statutes, section 358.116.

(b) Access to questionnaires. The questionnaire must advise jurors that their answers are part of the public record in the case. The court, the parties, and the questionnaire must not promise jurors that their responses will be kept nonpublic or confidential or that the questionnaire will be destroyed at the conclusion of the case.

(c) Copies and Filing. The court must provide copies of the completed questionnaires to the parties prior to trial. After the trial has concluded the supplemental questionnaires that were used as part of voir dire, including the questionnaires completed by prospective jurors who were questioned but not impaneled, must be filed in the court file and made available to the public. Supplemental questionnaires must not be filed if they were completed by prospective jurors who were not questioned during the voir dire proceedings, or if the case was resolved prior to a jury being impaneled and sworn.

Subd. 3.Challenge to Panel.

Any party may challenge the jury panel if a material departure from law has occurred in drawing or summoning jurors. The challenge must be made in writing and before the court swears in the jury. The challenge must specify grounds, and must comply with the General Rules of Practice, Jury Management Rules. The court must conduct a hearing to determine the sufficiency of the challenge.

Subd. 4.Voir Dire Examination.

(1) Purpose - How Made. The voir dire examination must be open to the public and the public must not be excluded unless the court has issued an order consistent with subdivision 4(4). The court must allow the parties to conduct voir dire examination to discover grounds for challenges for cause and to assist in the exercise of peremptory challenges. The court must begin by identifying the parties and their respective counsel and by outlining the nature of the case. The court must question jurors about their qualifications to serve and may give the preliminary instructions in Rule 26.03, subd. 4. A verbatim record of the voir dire examination must be made.

(2) Sequestration of Jurors.

(a) Court's Discretion. The court may order that the examination of each juror take place outside of the presence of other chosen and prospective jurors, but with the defendant, parties, and public present. Regardless of the jury selection method used, the court has the discretion to permit jurors to be questioned about sensitive topics outside the presence of other chosen and prospective jurors, but in open court with the defendant, parties, and public present.

(b) Prejudicial Publicity. Whenever a significant possibility exists of exposure to prejudicial material, the examination of each juror with respect to the juror's exposure must take place outside the presence of other prospective and selected jurors.

(3) Order of Drawing, Examination, and Challenge.

(a) Jury Selection Methods. Three methods exist for selecting a jury:

(i) the preferred method found in paragraph (b), in which the parties make peremptory challenges at the end of voir dire;

(ii) the alternate method found in paragraph (c), in which a party exercises any peremptory challenge after questioning the prospective juror;

(iii) the preferred method for first-degree murder cases found in paragraph (d), in which each party questions the prospective juror out of the hearing of the other prospective and selected jurors.

(b) Preferred Method; Cases Other Than First-Degree Murder.

(i) The court must draw prospective jurors comprising the number of jurors required, the number of peremptory challenges, and the number of alternates.

(ii) The prospective jurors must take their place in the jury box and be sworn in.

(iii) The prospective jurors must be examined, first by the court, then by the parties, commencing with the defendant.

(iv) A challenge for cause may be made at any time during voir dire by any party. At the close of voir dire any additional challenges for cause must be made, first by the defense and then by the prosecutor.

(v) When the court excuses a prospective juror for cause, another must be drawn so that the number in the jury box remains the same as the number initially called.

(vi) After all challenges for cause have been made, the parties may alternately exercise peremptory challenges, starting with the defendant.

(vii) The jury consists of the remaining panel members in the order they were called.

(c) Alternate Method; Cases Other Than First-Degree Murder.

(i) The court must draw prospective jurors comprising the total of the number of jurors required and the number of alternates.

(ii) The prospective jurors must take their place in the jury box and be sworn in.

(iii) The prospective jurors must be examined, first by the court, then by the parties, commencing with the defendant.

(iv) On completion of the defendant's examination of a prospective juror, the defendant must be permitted to exercise a challenge for cause or a peremptory challenge.

(v) On completion of the defendant's examination and any challenge of a prospective juror, the prosecutor may examine the prospective juror and may exercise a challenge for cause or a peremptory challenge.

(vi) An excused prospective juror must be replaced by another. The replacement must be examined and challenged after all previously drawn jurors have been examined and challenged.

(vii) This process continues until the number of persons who will constitute the jury, including the alternates, have been selected.

(d) Preferred Method; First-Degree Murder Cases.

(i) The court must direct that one prospective juror at a time be drawn from the jury panel for examination.

(ii) The prospective juror must be sworn in.

(iii) The prospective juror must be examined, first by the court, then by the parties, commencing with the defendant.

(iv) On completion of defendant's examination, the defendant may exercise a challenge for cause or peremptory challenge.

(v) A prospective juror who is not excused after examination by the defendant may be examined by the state. The state may exercise a challenge for cause or peremptory challenge.

(vi) This process must continue until the number of jurors equals the number required plus alternates.

(4) Exclusion of the Public From Voir Dire. Voir dire proceedings are public. In those rare cases where it is necessary, the following rules govern orders excluding the public from any part of voir dire or restricting access to the orders or to transcripts of the closed proceeding.

(a) Constitutional Requirements for Closure of the Courtroom During Voir Dire. The court must not close the courtroom during voir dire unless the closure complies with the constitutional rights to a fair and public trial. Examination of prospective jurors outside the presence of other chosen and prospective jurors, but with the defendant, parties, and public present, is not a courtroom closure. If the court orders the closure of any part of voir dire, that part of voir dire must be conducted on the record with counsel and the defendant present. The court must immediately reopen the proceedings to the public after the part of voir dire that was ordered to be conducted with the public excluded has concluded.

(b) Findings of Fact and Order. Any order excluding the public from a part of voir dire must be issued in writing or on the record. The court must set forth the reasons for the order, including specific findings adequate to support the closure. The order must address any possible alternatives to closure and explain why the alternatives are inadequate.

Subd. 5.Challenge for Cause.

(1) Grounds. A juror may be challenged for cause on these grounds:

1. The juror's state of mind - in reference to the case or to either party - satisfies the court that the juror cannot try the case impartially and without prejudice to the substantial rights of the challenging party.

2. A felony conviction unless the juror's civil right to vote has been restored.

3. The lack of any qualification under law.

4. The juror is unable to render satisfactory jury service, with reasonable disability accommodations if necessary.

5. A known relationship by blood or marriage to the person alleged to be injured by the offense charged, or to the person on whose complaint the prosecution was instituted, or to the defendant, or to any of the attorneys in the case.

6. Standing as a guardian, ward, attorney, client, employer, employee, landlord, tenant, family member of the defendant, or person alleged to have been injured by the offense, or whose complaint instituted the prosecution.

7. Being a party adverse to the defendant in a civil action, or a party who complained against the defendant, or whom the defendant accused, in a criminal prosecution.

8. Service on the grand jury that found the indictment or an indictment on a related offense.

9. Service on a trial jury that tried another person for the same or a related offense as the pending charge.

10. Service on any jury previously sworn to try the pending charge.

11. Service as a juror in any case involving the defendant.

(2) How and When Exercised. A challenge for cause may be oral and must state grounds. The challenge must be made before the juror is sworn to try the case, but the court for good cause may permit it to be made after the juror is sworn but before all the jurors constituting the jury are sworn. If the court sustains a challenge for cause, the juror must be excused.

(3) By Whom Tried. If a party objects to the challenge for cause, the court must determine the challenge.

Subd. 6.Peremptory Challenges.

In cases punishable by life imprisonment the defendant has 15 peremptory challenges and the prosecutor has nine. For any other offense, the defendant has five peremptory challenges and the prosecutor has three. In cases with more than one defendant, the court may allow the defendants additional peremptory challenges and permit them to be exercised separately or jointly. The prosecutor's peremptory challenges must be correspondingly increased. All peremptory challenges must be exercised out of the hearing of the jury panel.

Subd. 7.Objections to Peremptory Challenges.

(1) Rule Purpose. The purpose of this rule is to eliminate the unfair exclusion of potential jurors based on race, ethnicity, or gender.

(2) Procedure. Any party, or the court, at any time before the jury is sworn, may object to a peremptory challenge on the ground of appearance of bias based on race, ethnicity, or gender. The objection and all arguments must be made out of the hearing of all prospective or selected jurors. All proceedings on the objection must be on the record. The objection must be determined by the court as promptly as possible, and must be decided before the jury is sworn. The court must explain its decision on the record.

(3) Process and Determination.

(a) Upon objection to the exercise of a peremptory challenge under this rule, the party exercising the peremptory challenge must articulate the reasons that the peremptory challenge has been exercised.

(b) The court must give the objecting party an opportunity to respond.

(c) The court must then evaluate the reasons given to justify the peremptory challenge based on the totality of the circumstances. In making its determination, the court must consider the following:

(i) the number and types of questions posed to the prospective juror, which may include consideration of whether the party exercising the peremptory challenge failed to question the prospective juror about the alleged concern or the types of questions asked about it;

(ii) whether the party exercising the peremptory challenge asked significantly more questions or different questions of the potential juror against whom the peremptory challenge was used in contrast to other jurors;

(iii) whether other prospective jurors provided similar answers but were not the subject of a peremptory challenge by that party;

(iv) the reason articulated by the party is commonly associated with the disproportionate exclusion of a particular race, ethnicity, or gender, such as:

(a) having prior contact with or a distrust of law enforcement;

(b) living in a high-crime area;

(c) not being a native English speaker; or

(d) having a close relationship with people who have been stopped, arrested, charged, or convicted of a crime; and

(v) whether the party has used peremptory challenges disproportionately against a particular race, ethnicity, or gender in the present case or in past cases.

The court may consider other circumstances it deems relevant in evaluating the reasons given to justify the peremptory challenge.

(d) If the court determines that race, ethnicity, or gender could reasonably be viewed as a factor in the use of the peremptory challenge, then the court must sustain the objection and deny the peremptory challenge.

(4) Remedies. If the court overrules the objection, the prospective juror must be excused. If the court sustains the objection, the court must - based upon its determination of what the interests of justice and a fair trial to all parties in the case require - either:

(a) Disallow the peremptory challenge and resume jury selection with the challenged prospective juror reinstated on the panel; or

(b) Discharge the entire jury panel and select a new jury from a jury panel not previously associated with the case.

Subd. 8.Order of Challenges.

Challenges must be made in the following order:

a. To the panel.

b. To an individual prospective juror for cause, except that under subdivision 5(2) a challenge for cause may be made at any time before a jury is sworn.

c. Peremptory challenge to an individual prospective juror.

Subd. 9.Alternate Jurors.

The court may impanel alternate jurors. An alternate juror who does not replace a principal juror must be discharged when the jury retires to consider its verdict. If a juror becomes unable to serve, an alternate juror must replace that juror. Alternate jurors replace jurors in the order the alternates were drawn. No additional peremptory challenges are allowed for alternate jurors. If a juror becomes unable or disqualified to perform a juror's duties after the jury has retired to consider its verdict, a mistrial must be declared unless the parties agree under Rule 26.01, subd. 1(4) that the jury consist of a lesser number than that selected for the trial.