Minn. R. Crim. P. 20.04

As amended through October 28, 2024

Rule 20.04 - Simultaneous Examinations

(a) The court must not order that a competency examination and an examination under Rule 20.02 be done simultaneously, unless one of the specific grounds for ordering an examination under Rule 20.02, subdivision 1, exists, and ordering simultaneous examinations is warranted based on the facts and circumstances of the specific case. If a simultaneous competency and Rule 20.02 examination is ordered, the examiner must not proceed with the Rule 20.02 examination if, based on the competency examination, the examiner's opinion and recommendation is that the defendant be found incompetent.

(b) The court in a criminal case must not order a civil commitment examination under Minn. Stat. ch. 253B, or successor statute.

Minn. R. Crim. P. 20.04

Amended effective 11/1/2024.

Comment-Rule 20

Competency proceedings are governed by Minn. Stat. §§ 611.40-.59 as supplemented by these rules.

As required by Minn. Stat. § 253B.24, the court must electronically transmit any finding of incompetency to the National Instant Criminal Background Check System.

Rule 20.01, subd. 4(a)(3), provides that the examiners may obtain and review any reports of prior examinations conducted under the rule. This includes prior reports conducted under both Rules 20.01 and 20.02. This express authorization, which was adopted in 2005, is intended merely to clarify the rule and not to change it. The provision was modified in 2024 to include reports of prior civil commitment examinations.

No limitation exists for the time or number of hearings that may be held to determine the defendant's competency.

The definitions of mental illness and cognitive impairment contained in Minn. Stat. § 611.026 and its judicial interpretations are not affected by these rules.

Rule 20.02, subd. 8, addresses the constitutional requirements of equal protection and due process. No continuing supervision by the trial court exists in misdemeanor cases.