The Omnibus Hearing

11.01 Time and Place of Hearing In felony and gross misdemeanor cases, if the defendant has not pled guilty, an Omnibus Hearing must be held. (a) The Omnibus Hearing must start within 42 days of the Rule 5 appearance if it was not combined with the Rule 8 hearing, or within 28 days of the Rule 5 appearance if it was combined with the Rule 8 hearing. (b) The Omnibus Hearing must be held in the district where the alleged offense occurred. 11.02 Scope of the Hearing If the prosecutor or defendant demands a hearing under Rule 8.03 , the court must conduct an Omnibus Hearing and hear all motions relating to: (a) Probable cause; (b) Evidentiary issues; (c) Discovery; (d) Admissibility of other crimes, wrongs or bad acts under Minn. R. Evid. 404(b) ; (e) Admissibility of relationship evidence under Minnesota Statutes, section 634.20 ; (f) Admissibility of prior sexual conduct under Minn. R. Evid. 412 ; (g) Constitutional issues; (h) Procedural issues; (i) Aggravated sentence; (j) Any other issues relating to a fair and expeditious trial. 11.03 General Procedures (a) The court may receive evidence offered by the prosecutor or defendant on any omnibus issue. A party may cross-examine any witness called by any other party. (b) Before or during the Omnibus Hearing or any other pretrial hearing, witnesses may be sequestered or excluded from the courtroom. 11.04 Omnibus Motions Subd. 1. Probable Cause Motions. (a) The court must determine whether probable cause exists to believe that an offense has been committed and that the defendant committed it. (b) The prosecutor and defendant may offer evidence at the probable cause hearing. (c) The court may find probable cause based on the complaint or the entire record, including reliable hearsay. Evidence considered on the issue of probable cause is subject to the requirements of Rule 18.05, subd. 1 . Subd. 2. Aggravated Sentence Motion. (a) If the prosecutor gave notice under Rule 7.03 or 19.04, subd. 6 of intent to seek an aggravated sentence, the court must determine whether the law and proffered evidence support an aggravated sentence. The court must also determine whether to conduct a unitary or bifurcated trial. (b) In deciding whether to bifurcate, the court must determine whether the evidence supporting an aggravated sentence is otherwise admissible in the guilt phase of trial and whether a unitary trial would unfairly prejudice the defendant. The court must order a bifurcated trial if the evidence supporting an aggravated sentence includes evidence otherwise inadmissible at the guilt phase of the trial or if that evidence would unfairly prejudice the defendant in the guilt phase. (c) If the court orders a unitary trial, the court may order separate final arguments on the issues of guilt and the aggravated sentence. (Amended effective July 1, 2015.) 11.05 Pretrial Conference The Omnibus Hearing may also include a pretrial conference to determine whether the case can be resolved before trial. 11.06 Continuances The court may continue the hearing or any part of the hearing for good cause related to the case. 11.07 Determination of Issues The court must make findings and determinations on the omnibus issue(s) in writing or on the record within 30 days of the issue(s) being taken under advisement. (Amended effective July 1, 2015.) 11.08 Pleas (a) The defendant may enter a plea to the charged offense or to a lesser included offense as permitted in Rule 15 any time after the commencement of the Omnibus Hearing. (b) Entry of a plea other than guilty does not waive any jurisdictional or other issue raised for determination in the Omnibus Hearing. 11.09 Trial Date (a) If the defendant enters a plea other than guilty, a trial date must be set. (b) A defendant must be tried as soon as possible after entry of a plea other than guilty. On demand of any party after entry of such plea, the trial must start within 60 days unless the court finds good cause for a later trial date. Unless exigent circumstances exist, if trial does not start within 120 days from the date the plea other than guilty is entered and the demand is made, the defendant must be released under any nonmonetary conditions the court orders under Rule 6.01, subd. 1 . (Amended effective July 1, 2015.) 11.10 Record Subd. 1. Record. A verbatim record must be made. Subd. 2. Transcript. When a party has timely requested a transcript of the proceedings from the court reporter, it must be provided on the following conditions: (a) If the defendant has ordered the transcript, the cost must be prepaid unless the public defender or assigned counsel represents the defendant, or the defendant makes a sufficient showing of inability to pay or secure the costs and the court orders that the defendant be supplied with the transcript at the expense of the appropriate governmental unit. (b) The transcript must be provided to the prosecutor without prepayment. (c) Transcripts provided to counsel must be filed with the court. (d) A party offering video or audio evidence must not be required by the court to provide a transcript of the exhibit as a prerequisite to admissibility. If the party provides a transcript of the exhibit and the court admits that transcript as an illustrative exhibit, the transcript becomes part of the record, used for illustrative purposes with that exhibit only. The court reporter must not transcribe video or audio exhibits. Subd. 3. Documents and Exhibits. All documents and exhibits must be filed with the court administrator. On motion, any exhibit may be returned to the offering party. (Amended effective July 1, 2015; amended effective March 1, 2020.)