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Statewide Source Code Evidentiary Hearings

First Judicial District Judge Jerome B. Abrams has been assigned to administer, hear, and decide all pretrial matters concerning challenges to the reliability of Intoxilyzer 5000EN results based on the source code of the instrument, including scheduling, discovery, and an evidentiary hearing, if necessary, in all pending and future civil implied consent cases.

Proposed Schedule for Resolution of Consolidated Cases

October 1, 2010-
  • Petitioner's/Defendant's Expert Disclosures
  • Non Expert Discovery Ends
  • Final Date for Adding Cases to Consolidation   
Nov. 15, 2010-
  •  Expert Discovery/Depositions (if any) begins
  • State/Prosecution Expert Disclosures
  • All Non Source Code Issues Completed in Consolidated Cases
Dec. 7, 2010-
  • Expert Discovery Ends
Dec. 8, 2010-
  •  Final Hearing on Source Code

Please note:  This schedule allows for more than 60 days for the non source code issues to be set and heard prior to the deadline for resolution of these issues.

Recent Orders

 

 

 

 

Federal Court Documents

NOTICE TO ATTORNEYS INVOLVED IN THIS LITIGATION:

Judge Jerome B. Abrams of the First Judicial District is requiring a uniform Written Notice of Consent to statewide consolidation regarding DWI cases where a defendant wants to challenge the source code of the Intoxilyzer 5000.

The following agreement has been authorized by Judge Abrams.  Any defense request for statewide consolidation should be made using this agreement.  The defense should then file the original, signed agreement with Judge Jerome B. Abrams, c/o Source Code Office Assistant, Scott County Courthouse, 200 4th Avenue W., Shakopee, MN 55379 AND file a copy of the same in the county in which the matter was originally venued. 

Written Notice of Consent to Assignment:  MS Word version   Adobe PDF version