appearance before the court having jurisdiction to try the charged offense no later than 14

days after the defendant's initial appearance under Rule 5, unless the defendant waives the right to a separate Rule 8 appearance. The defendant must be informed of the time and place of the Rule 8 appearance and ordered to appear as scheduled. The time for appearance may be extended by the court for good cause. In felony and gross misdemeanor cases, the defendant may waive the separate appearances otherwise required by this rule and Rule 8. The waiver must be made either in writing or on the record in open court. If the defendant waives a separate appearance under Rule 8, all of the functions and procedures provided for by Rules 5 and 8 must take place at the Rule 5 hearing. 5.06 Plea and Post-Plea Procedure in Misdemeanor Cases Subd. 1. Entry of Plea in Misdemeanor Cases. In misdemeanor cases, the arraignment must be conducted in open court. The court must ask the defendant to enter a plea, or set a date for entry of the plea. A defendant may appear by counsel and a corporation must appear by counsel or by an authorized officer. Subd. 2. Guilty Plea; Offenses From Other Jurisdictions. If the defendant enters a plea of guilty, the presentencing and sentencing procedures provided by these rules must be followed. The defendant may also request permission under Rule 15.10 to plead guilty to other misdemeanor offenses committed within the jurisdiction of other courts in the state. Subd. 3. Not Guilty Plea and Jury Trial. If the defendant enters a plea of not guilty to a charge for which the defendant would be entitled to a jury trial, the defendant must exercise or waive that right. The defendant may waive the right to a jury trial either on the record or in writing. If the defendant fails to waive or demand a jury trial, a jury trial demand must be entered in the record. Subd. 4. Demand or Waiver of Evidentiary Hearing. If the defendant pleads not guilty and a notice of evidence and identification procedures has been given by the prosecutor as required by Rule 7.01, the defendant and prosecutor must each either waive or demand an evidentiary hearing under Rule 12.04. The demand or waiver may be made either on the record or in writing and must be made at the first court appearance after the notice has been given by the prosecutor. 5.07 Plea and Post-Plea Procedure in Gross Misdemeanor Cases Subd. 1. Entry of Guilty Plea in Gross Misdemeanor Cases. The defendant may plead guilty to a gross misdemeanor charge in accordance with Rule 15.02 if the defendant has counsel, or has had the opportunity to consult with counsel before pleading guilty. If the defendant does not plead Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 25 CRIMINAL PROCEDURE MINNESOTA COURT RULES guilty, entry of a plea must await the Rule 8 or Omnibus Hearing. A corporation must appear by counsel or by an authorized officer. Subd. 2. Guilty Plea; Offenses From Other Jurisdictions. The procedure in Rule 5.06, subd. 2 applies to gross misdemeanor cases. (Amended effective August 1, 2012.) 5.08 Plea in Felony Cases In felony cases, a defendant may plead guilty as early as the Rule 8 hearing. The defendant cannot enter any other plea until the Omnibus hearing under Rule 11. 5.09 Record Minutes of the proceedings must be kept unless the court directs that a verbatim record be made. Any plea of guilty to an offense punishable by incarceration must comply with the requirements of Rule 15.09. Comment - Rule 5