8.03 Demand or Waiver of Hearing If the defendant does not plead guilty, the defendant and the prosecutor must each either waive or demand a hearing as provided in Rule 11.02 on the admissibility at trial of evidence specified in the prosecutor's Rule 7.01 notice, or on the admissibility of any evidence obtained as a result of the specified evidence. 8.04 Plea and Time of Omnibus Hearing (a) If the defendant does not plead guilty, the Omnibus Hearing on the issues as provided for in Rules 11.03 and 11.04 must be held within the time specified in this rule. (b) If a hearing on either of the issues set forth in Rule 8.03 is demanded, the Omnibus Hearing must also include the issues provided for in Rule 11.02. (c) The Omnibus Hearing provided for in Rule 11 must be scheduled for a date not later than 28 days after the defendant's appearance before the court under this rule. The court may extend the time for good cause related to the particular case on motion of the prosecutor or defendant or on the court's initiative. 8.05 Record A verbatim record must be made of the proceedings under this rule. Comment - Rule 8 If the Rasmussen hearing is waived under Rule 8.03 by both the prosecution and the defense, the Omnibus Hearing provided by Rule 11 must be held without a Rasmussen hearing. If the Rasmussen hearing is demanded, the hearing must be held as part of the Omnibus Hearing as provided by Rule 11.02. The Omnibus Hearing must be commenced not later than 28 days after the defendant's initial appearance in court under Rule 8 unless the time is extended for good cause related to the particular case. 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 any change in the schedule of court proceedings. This would include the Omnibus Hearing as well as trial or any other hearing.
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