Skip to content

Pretrial Conference | Rule 8 Appearance

What is the purpose of the Pretrial Conference?

What is a pretrial conference in a Minnesota criminal case? We use various terms for the second court appearance in the criminal court process (the one following the Arraignment). But it provides an opportunity for the defense attorney to meet with the prosecutor personally to discuss outcome, and explore settlement possibilities. Some courts term this appearance a preliminary hearing, settlement conference, or a Rule 8 hearing.

Other purposes: preliminary hearing

The defense attorney and prosecuting attorney also discuss discovery and evidence. And we may discuss:

  • defense pretrial motions and
  • contested pretrial hearings relating to probable cause for trial,
  • suppression of evidence, and
  • trial issues.

The defense and prosecution lawyers may discuss these issues with the judge as well.

Sometimes we call this court appearance an “Uncontested Omnibus Hearing” or “Rule 8 Hearing” (as opposed to the “Contested Omnibus Hearing” that may follow).

And some courts will schedule a “Pretrial Conference” a week or so before a scheduled jury trial date.

Question? Call Lawyer Thomas Gallagher: 612 333-1500

Best Criminal Defense Attorney Thomas Gallagher-empowering-500-webp preliminary hearing rule 8 hearing pretrial conference
Attorney Thomas Gallagher: Rule 8 hearing

What is a Rule 8 hearing in Minnesota?

Rule 8 of the Minnesota Court Rules of Criminal Procedure: The stated purpose of the second court appearance in Rule 8, or pretrial conference, is:

“Rule 8.01. Purpose of Second Appearance
(a) The purpose of this hearing is to again advise defendants of their rights, to allow defendants to plead guilty, or if the defendant does not plead guilty, to request or waive an Omnibus Hearing under Rule 11.

(b) At this hearing, the court must again inform the defendant of the:
(1) charge(s);
(2) defendant’s rights, including the right to counsel, and to have counsel appointed under Rule 5.04 if eligible; and
(3) opportunity to enter a guilty plea as permitted by Rule 8.02.

(c) The court must ensure the defendant has a copy of the complaint or indictment.

(d) The court may continue or modify the defendant’s bail or other conditions of release previously ordered.”

Rule 8 says that the defendant can plead guilty; or no plea shall be entered. But, the defendant should not plead guilty unless under a favorable plea agreement. A not-guilty plea is unnecessary because of the presumption of innocence.

The rule talks about the defense demand for a Contested Omnibus Hearing and the 28 day time limit. But in most cases, defendants waive the 28 day time limit. We prefer more time to prepare a strong defense. And if the prosecution has not given pre-trial discovery to the defense by this point; then the court may schedule a continued Rule 8 hearing – a repeat.

Rule 8 applies to felony and gross misdemeanor cases.

And criminal procedure in misdemeanor and petty misdemeanor cases is less formal, but similar.

Can the judge dismiss a case at a pretrial conference?

Some cases include multiple charges in the same Complaint. When the court dismisses charges at a pretrial conference, this is normally part of a plea agreement with the prosecutor. But the court rarely dismisses all charges in the Complaint at a pretrial conference. And when the court does dismiss the entire case, that generally happens at another stage in the court process, such as the Contested Omnibus Hearing.

Can you go to jail at a pretrial conference?

No, not likely. A defendant almost never goes to jail at a preliminary hearing; unless already in pretrial detention. And for cases where defendant pleads guilty under a plea agreement, they rarely go to jail that day, if ever.

Do you need to say anything at a pretrial conference?

You need a defense attorney to represent you in any criminal case. So, your attorney protects you by speaking for you. And you don’t need to say anything. You are protected.

The exceptions to that general rule are guilty pleas, sentencing hearings, and jury trials. And on those occasions the defendant may choose to speak directly to the judge or to the jury.

What happens after the pretrial conference?

After the pretrial conference, future court appearances could include one or more continued Rule 8 hearing, Contested Omnibus Hearing, and Jury Trial dates.

Steps in Criminal Court Procedure

Contested Omnibus Hearing

Get Out of Jail After Arrest – Tips for Getting Her Out

Call Now Button