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MISCELLANEOUS

Special Rules of ProcedureGoverning Proceedings Under theMinnesota Commitment and Treatment Acts

Rule 14.Location of Hearing, Rules of Decorum, Alternative Methods of Presenting Evidence

The judge or judicial officer shall assure the decorum and orderliness of any hearing held pursuant to Minnesota Statutes, chapter 253B or 253D. The judge or judicial officer shall afford to respondent an opportunity to be dressed in conformity with the dignity of court appearances.

A hearing may be conducted or an attorney for a party, a party, or a witness may appear by telephone, audiovisual, or other electronic means if the party intending to use electronic means notifies the other party or parties at least 24 hours in advance of the hearing and the court approves. If a witness will be testifying electronically, the notice must include the name, address, and telephone number where the witness may be reached in advance of the hearing. This rule does not supersede Minnesota Statutes, sections 595.02 to 595.08 (competency and privilege). Respondent's counsel will be physically present with the respondent. The court shall insure that the respondent has adequate opportunity to speak privately with counsel, including, where appropriate, suspension of the audio recording or allowing counsel to leave the conference table to communicate with the client in private.

(Amended effective March 1, 2009; amended effective January 1, 2010; amended effective September 18, 2013; amended effective July 1, 2015.)

Advisory Committee Comment - 2008

Rule 14 is amended to lengthen the amount of notice required to be given by a litigant desiring to have a matter heard by electronic means, typically either telephone or interactive television. The seven days required by the rule can be adjusted by the court if necessary.

Advisory Committee Comment - 2009

Rule 14 is amended to change the amount of notice required to be given by a litigant desiring to have a matter heard by electronic means, typically either telephone or interactive television. The 24 hours required by the rule represents the bare minimum of what may be necessary to allow for necessary electronic equipment to be made available. This deadline can be adjusted by the court if necessary.