Minnesota Outline for Pretrial Memorandum

State:
Multi-State
Control #:
US-03363BG
Format:
Word; 
Rich Text
Instant download

Description

Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by order of the judge. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the judge or magistrate. They should cover all of the matters that counsel may be able to agree on before the conference, and should be as complete and as detailed as the statute, rules, or order may direct.


The pretrial statement or memorandum may include a brief statement of the material facts as claimed by each party and of the points of law, and a citation of authorities in support of each point, on which the party intends to rely at the trial. It may also include a list of all exhibits each party expects to offer at the trial, other than those to be used for impeachment, with a sufficient description of each exhibit and a statement of the purpose for which it will be offered.

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FAQ

16.02Scheduling and Planning A schedule shall not be modified except by leave of court upon a showing of good cause.

Pretrial | Settlement Conference The pretrial or settlement conference in a felony or a gross misdemeanor context is the same as in the misdemeanor context. It is essentially a hearing to come to some sort of agreement to resolve the case via a plea agreement. If the matter cannot be resolved, it is set for a TRIAL.

The main purpose of the hearing, also called a pretrial hearing, is to examine the evidence offered by the prosecution and the defense and determine the admissibility of the evidence. A party may cross-examine any witness called by any other party during the hearing.

A party that is first served or otherwise joined after the initial disclosures are due under Rule 26.01(a)(3) must make the initial disclosures within 30 days after being served or joined, unless a different time is set by stipulation or court order. (5) Basis for Initial Disclosure; Unacceptable Excuses.

The court shall grant summary judgment if the movant shows that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law. The court shall state on the record or in a written decision the reasons for granting or denying the motion.

The only plea a defendant may enter at the Rule 8 hearing is a guilty plea. If the defendant pleads guilty, the pre-sentencing and sentencing procedures in these rules must be followed. If the defendant does not wish to plead guilty, the arraignment must be continued until the Omnibus Hearing.

A plea hearing, also referred to as a Felony Early Disposition (FED) hearing, is when the defendant enters a plea of guilty to agreed upon charges. No trial will take place.

Rule 11 of the Minnesota Rules of Criminal Procedure says exactly what an omnibus hearing is in MN. An omnibus hearing is also called a pretrial hearing or pretrial conference. In short, at an omnibus hearing, the court addresses several issues depending on the charges before the court.

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Minnesota Outline for Pretrial Memorandum