What is a “Paradee” Motion? Criminal defendants have a broad right to discovery in order to prepare and present a defense. When a defendant requests records that are subject to the Minnesota Government Data Practices Act or other legislation, the court may screen the confidential records in camera to balance the right of the defendant to prepare and present a defense against the rights of victims and witnesses to privacy. However, this in camera review is not a right and defendant must first establish a “plausible showing” that the information sought would be “both material and favorable to his defense.” This Training Update will discuss seven basic facts that judges need to know to properly rule on a Paradee motion.
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Judge Pendleton, thank you for these updates. They are a great resource.In the event you return to update this Paradee topic, I refer you to a recent change, adding Minn. R. Crim. Pro. 22.01, subd. 2(c):
Subd. 2. Documents.
(c) A subpoena requiring the production of privileged or confidential records about a victim as defined in Minn. Stat. § 611A.01(b) may be served on a third party only by court order. A motion for an order must comply with Rule 10.03, subd. 1. Before entering the order, the court may require giving notice to the victim so that the victim can move to quash or modify the subpoena or otherwise object.
This change was intended to address the problem of attorneys first ordering the confidential records by subpoena and then requesting a court order to review them. It may be useful to advise district courts and practitioners of this new requirement. Thank you! Kaarin Long, Assistant Ramsey County Attorney