Minn. R. Crim. P. 11.04

As amended through October 28, 2024
Rule 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.

Minn. R. Crim. P. 11.04

Amended effective 7/1/2015.