Rules and Procedures
Most Implied Consent will fall into one of the following groupings:
Initial Setting of Implied Consent Hearing after Resolution of the Criminal Case:
(Drivers’ license has been temporarily reinstated or 60 days requirement has been waived.)
- All hearings will be scheduled within 21-60 days of the date of the “Request to Schedule an Implied Consent Hearing” document. If a party is not available during the 21-60 day time period or there are no dates available within 60 days, Court Administration will schedule for the first available date and the attorney can then follow the continuance procedure.
Temporary Reinstatement of Drivers’ License Denied by the Chief Judge:
The Chief Judge’s clerk will notify the County Court Administration Office to set an Implied Consent Hearing date as soon as possible. The hearing date must be within 60 days of the date the Implied Consent Petition was filed.
Continuance Policies:
- If a continuance is requested by the petitioner, the new hearing date must either be within 60 days of the date the Implied Consent Petition was filed or the petitioner must waive the 60 day requirement. If the petitioner waives the 60 day requirement the Implied Consent Hearing will be continued until resolution of the criminal case.
- If a continuance is requested by the Attorney General, the new hearing date must either be within 60 days of the date the Implied Consent Petition was filed or the Attorney General must address the status of the petitioner’s driver’s license.
- If a case has been continued once per side, and if the Attorney General has previously given the petitioner a temporary reinstatement, the Court should deny any further continuance requests absent good cause. The pendency of a criminal case is not, in itself, good cause unless petitioner waives the 60 day requirement.
No Criminal Case Was Filed within 30 days of the Filing of the Implied Consent Petition:
County Court Administration will run a report to identify these cases.
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If the petitioner’s driver’s license has been temporarily reinstated by the Chief Judge, County Court Administration will set an Implied Consent Hearing date.
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If the petitioner has not requested a temporary reinstatement of their driver’s license, County Court Administration will set an Implied Consent Hearing date within 60 days of the date the Implied Consent Petition was filed with as much advance notice as possible. County Court Administration will grant continuances pursuant to applicable policies and rules.
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If a criminal case is filed after a hearing date is scheduled and the petitioner is either temporarily reinstated or waives the 60 days requirement the hearing will be continued until resolution of the criminal case.
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If a case has been continued once per side, and if the petitioner’s license has been temporarily reinstated, the Court should deny any further continuance requests absent good cause. The imminent or possible filing of a criminal case is not, in itself, good cause.
Post Implied Consent Hearing is Set:
The following rules and procedures apply once an Implied Consent Hearing date has been set unless otherwise noted above.
County Court Administration authority to grant requests for continuances:
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May grant one continuance per side if requested at least 1 week prior to the hearing date. The continuance may be up to 4 weeks in length.
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Will give the requesting party available hearing dates within the next 4 weeks and instruct the party to contact the other side to agree on a date.
- If a party requests:
- Continuance longer than 4 weeks; or
- More than one continuance; or
- Can’t agree on a date within 4 weeks; or
- A continuance with less than 1 week notice,
The requesting party must file a Notice of Motion and Motion and pay the motion fee. The motion will be heard on a regularly scheduled Implied Consent Calendar, if time permits. If time does not permit, the motion will be heard by the judge assigned to hear the Implied Consent Calendar that week and the motion hearing must be at least one day before the scheduled Implied Consent hearing to allow parties to notify witnesses if the continuance is granted.
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May grant one additional continuances of up to 4 weeks upon stipulation or letter agreement.
Notice to Remove or Order to Recuse Filed Day of Hearing:
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First Judicial District Central Assignment Office will attempt to find a replacement judge to hear the case if the removal is filed in accordance with Minn. R. Civ. P. 63.03. If no judge is available, County Court Administration will schedule the case for hearing on the first available date 21 days out. No exceptions for scheduling conflicts will be granted unless a written agreement by the parties is filed.
Criminal Case Resolved but No Implied Consent Hearing Date Has Been Set:
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As time permits, if the Implied Consent Petition was pending when the criminal case was resolved by plea or conviction, County Court Administration will prepare an Order for Dismissal for consideration by the Chief Judge or designee. If an Implied Consent Petition is dismissed for failure to file a Request to Schedule an Implied Consent Hearing form, Petitioner may seek to have the dismissal vacated, for good cause, by filing a Notice of Motion and Motion and paying the motion fee. The motion will be scheduled and heard on the regular schedule Implied Consent Calendar.
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If the criminal case was dismissed, County Court Administration will schedule an Implied Consent Hearing date as soon as possible with at least 3 weeks’ notice.
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If the Implied Consent Petition was filed after the criminal case was resolved (sentenced or dismissed), County Court Administration will set an Implied Consent Hearing date as soon as possible with at least 3 weeks’ notice.
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If a case has been continued once per side, and if the Petitioner’s license has been temporarily reinstated, County Court Administration should deny any further continuance requests absent good cause.
Bench Warrant Issued in the Criminal Case:
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When the case comes to the attention of County Court Administration, County Court Administration will enter a disposition of “Closed Administratively.”
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If the petitioner’s driver’s license had been temporarily reinstated, County Court Administration will notify the Chief Judge who may order revocation of the temporary stay.
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If the criminal case is eventually resolved and an Implied Consent Hearing is needed, County Court Administration will reopen the case and set an Implied Consent Hearing date.