CHAPTER 405

EVIDENCE

405.01                         Notice of Evidence

In any case where a jury trial is to be held, when the prosecution has:

      a)              Any evidence against the defendant obtained as a result of a search, search and seizure, wiretapping or any form of electronic or mechanical eavesdropping; or

      b)              Any confessions, admissions or statements in the nature of confessions made by the defendant; or

      c)              Any evidence against the defendant discovered as a result of confessions, admissions or statements in the nature of confessions made by the defendant;

The prosecutor shall notify the defendant or his counsel of such evidence in writing. The notice shall be given at least seven (7) days before the trial is to be held.

405.02                         Hearing

Subdivision 1.            Notice.            After the notice provided in 405.01 has been given and prior to the date set for trial, the defendant and the prosecution shall each either waive or demand a hearing on the admissibility at trial of any of the evidence specified in the notice given by the prosecutor.

Subdivision 2.            Hearing.         The hearing date shall be held any time before the trial and out of the hearing of any jury. It may be held on the day of the trial prior to impanelling of the jury.

405.03                         Conduct of Hearing

Subdivision 1.            Conduct of Hearing.   The court shall hear and determine any of the issues of evidence that were raised by the demand for hearing and shall determine the issues upon such evidence as is offered by the prosecution or defense.

Subdivision 2.            Right of Cross Examination.  In any such hearing, the defendant and the prosecution may cross-examine the other's witnesses.

Subdivision 3.            Motion to be Heard.   At the hearing, the Court shall also hear and determine all motions made by the defendant or prosecution, including a motion that there is an insufficient showing of probable cause to believe that the defendant committed the offense charged in the complaint and the Court shall receive such evidence as may be offered in support of opposition to the motion.

Subdivision 4.            Other Matters to be Heard.     At the hearing, the Court shall ascertain any other evidentiary, jurisdictional, procedural or other issues that may be heard or disposed of before the trial and such other matters as will promote a fair and expeditious trial, and shall hear and determine them, or continue the hearing for that purpose.

Subdivision 5.            Continuance.  The Court may continue the hearing or any part thereof from time to time as may be necessary. All issues presented at the hearing shall be determined before the trial. When issues are determined, the Court shall make findings in writing or orally on the record.

Subdivision 6.            Record of Hearing.     The proceedings of the hearing shall be on the record.