Legal Question in Criminal Law in Minnesota

must i request the contested hearing in writing

Asked on 9/16/20, 2:22 am

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

As a practical matter, yes. Because pre-trial motions requesting suppression of prosecution evidence and dismissal of charges, and the like, must be reduced to writing, served on the prosecutor, and filed with the court - well prior to a Contested Omnibus Hearing. Sometimes I verbally request the court set a Contested Omnibus Hearing, but I follow that up with a written motion. So, though it may be possible to request a Contested Omnibus Hearing verbally, best practice is to serve and file defense motions for that hearing in writing. In cases not involving a felony or gross misdemeanor charge, the court rules, courts and lawyers sometimes proceed less formally. But written motions are normally better, even in those cases.

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Answered on 9/16/20, 6:42 am

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