A Rule 8 hearing is a criminal procedure in the court systems of the state of Minnesota. It governs the rules of second appearances in court for felony and gross misdemeanor cases.Know More
The purpose of a Rule 8 hearing is to advise a defendant again of his legal rights. It gives him an opportunity to enter a plea of guilty or to request or waive an omnibus hearing under Rule 11. At a Rule 8 hearing, the court must inform the defendant of the charge against him and his right to counsel. The court also must ensure that the defendant has a copy of the indictment or the complaint against him. The defendant's bail or other previous conditions of release may be modified or continued at a Rule 8 hearing.
The only plea a defendant may enter at a Rule 8 hearing is a guilty plea. If the defendant does not wish to plead guilty, the arraignment continues until the omnibus hearing. The defendant and the prosecutor must also each choose to waive or demand a hearing. An omnibus hearing must be held no later than 28 days unless the prosecution or defense shows good cause to extend the wait time.Learn more about Law
An injunction hearing is held in court before a judge to determine if a plaintiff should be awarded an interim or permanent injunction against the defendant's activities, as stated by The Myler Law Firm. Injunctions may be used to stop the sale of certain products or to award a long-term restraining order against the defendant.Full Answer >
According to the law firm Eason and Tambornini, the term "deposition hearing" refers to a court-approved session during which time counsel may ask people involved in a case questions that must be answered under oath. During a deposition, a court reporter records the questions and answers.Full Answer >
A default "prove up" hearing is one in which the other party does not attend the hearing, but the plaintiff must still demonstrate the facts necessary to make his claim, according to the Law Offices of Stimmel, Stimmel & Smith. It is an exception to a general rule.Full Answer >
The postal rule is an exception to the general rule that contract acceptance must be communicated directly to the offeror and acceptance is only effective when the offeror receives that acceptance. The acceptance is actually effective as soon as the offeree mails the acceptance, according to Cornell University Law School.Full Answer >