As amended through October 28, 2024
Rule 12.04 - Hearing on Evidentiary IssuesSubd. 1.Evidence and Identification Procedures. The court must hear and determine any issues specified in Rule 7.01 if the defendant or prosecutor demands a hearing.Subd. 2.Additional Offenses. If the prosecutor gives notice under Rule 7.02 of additional offenses and the defendant moves for a hearing, the court must determine the admissibility of that evidence under Rule 404(b) of the Minnesota Rules of Evidence, and also determine whether clear and convincing evidence exists that the defendant committed the additional offenses.Subd. 3.Time. When a trial is to be heard by a jury, the evidentiary hearing must be held separately from the jury trial. When a trial is to be heard by the court, the evidentiary hearing may be held separately or as part of the court trial. A separate evidentiary hearing must be held immediately before trial unless the court finds good cause to otherwise order.