Minnesota § 611.44 - CONTESTED HEARING PROCEDURES
Full text of Minnesota Minnesota Statutes § 611.44 — CONTESTED HEARING PROCEDURES, with citation guidance and answers to common questions.
§ 611.44. CONTESTED HEARING PROCEDURES
Subdivision 1.Request for hearing.
(a) The prosecutor or defense counsel may request a hearing on the court examiner's competency report by filing a written objection no later than ten days after the report is filed.
(b) A hearing shall be held as soon as possible but no longer than 30 days after the request, unless extended by agreement of the prosecutor and defense counsel, or by the court for good cause.
(c) If an independent court examiner is retained, the hearing may be continued up to 14 days after the date the independent court examiner's report is filed. The court may continue the hearing for good cause.
Subd. 2.Competency hearing.
(a) The court may admit all relevant and reliable evidence at the competency hearing. The court examiner is considered the court's witness and may be called and questioned by the court, prosecutor, or defense counsel. The report of the court examiner shall be admitted into evidence without further foundation.
(b) Defense counsel may testify, subject to the prosecutor's cross-examination, but shall not violate attorney-client privilege. Testifying does not automatically disqualify defense counsel from continuing to represent the defendant. The court may inquire of defense counsel regarding the attorney-client relationship and the defendant's ability to communicate with counsel. The court shall not require counsel to divulge communications protected by attorney-client privilege, and the prosecutor shall not cross-examine defense counsel concerning responses to the court's inquiry.
Subd. 3.Determination without hearing.
If neither party files an objection, the court shall determine the defendant's competency based on the reports of all examiners.
Subd. 4.Burden of proof and decision.
The defendant is presumed incompetent unless the court finds by a preponderance of the evidence that the defendant is competent.
History:
2022 c 99 art 1 s 30; 2023 c 14 s 18,19; 2023 c 52 art 1 s 14
Official Publication of the State of Minnesota
Revisor of Statutes
Frequently Asked Questions About Minnesota § 611.44
What does Minnesota Statutes § 611.44 cover?
Section 611.44 ("CONTESTED HEARING PROCEDURES") is part of the Minnesota Statutes, the codified statutory law of Minnesota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Minnesota § 611.44?
A common citation format is "Minnesota Statutes § 611.44" (Minnesota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Minnesota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Minnesota official source linked on this page or consult a licensed Minnesota attorney.
How does Minnesota § 611.44 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Minnesota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Minnesota.