further provides that the defendant may enter a plea including a not guilty plea at
Rules of Criminal Procedure
Rule: 11.08
Jurisdiction: MN
Bluebook Citation: Minn. R. Crim. P. 11.08
the first Omnibus Hearing appearance. This assures that if a defendant wishes to demand a speedy trial under Rule 11.09, the running of the time limit for that will not be delayed by continuing the plea until the continued Omnibus Hearing. If the trial date is continued, see Minnesota Statutes, section 611A.033, regarding the prosecutor's duties under the Victim's Rights Act to make reasonable efforts to provide advance notice of the continuance. For good cause the trial may be postponed beyond the 60-day time limit upon request of the prosecutor or the defendant or upon the court's initiative. Good cause for the delay does not include court calendar congestion unless exceptional circumstances exist. See McIntosh v. Davis, 441 N.W.2d 115, 120 (Minn. 1989). Even if good cause exists for postponing the trial beyond the 60- day time limit, the defendant, except in exigent circumstances, must be released, subject to such nonmonetary release conditions as may be required by the court under Rule 6.02, subd. 1, if trial has not yet commenced within 120 days after the demand is made and the not guilty plea entered. Other sanctions for violation of these speedy trial provisions are left to case law. See State v. Kasper, 411 N.W.2d 182 (Minn. 1987) and State v. Friberg, 435 N.W.2d 509 (Minn. 1989).
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