Objections and defenses which must be raised by motion

(a) OBJECTIONS WHICH MUST BE RAISED BY PRE-TRIAL MOTION. Objections based on defects in the commencement of the proceeding or in the charge, other than lack of subject matter jurisdiction or failure to charge an offense, may be raised only by pre-trial motion as provided in Rule 15.3. (b) ALL OBJECTIONS AND DEFENSES INCLUDED. The pre-trial motion shall include all objections and defenses then available to the defendant. (c) WAIVER. Failure to present any objection or defense as provided in sections (a) and (b) constitutes a waiver thereof, but the court for good cause shown may grant relief from the waiver. (d) OBJECTIONS WHICH MAY BE RAISED AT ANY TIME. The lack of subject matter jurisdiction or the failure of the charge to state an offense may be raised by the court or by motion of the defendant at any time during the pendency of the proceeding. Once such an issue is raised by the court, the procedure thereafter shall be the same as if the defendant had raised the issue by appropriate motion. (e) EFFECT OF MOTION ON PLEA. If a plea has been entered before a pre- trial motion is made, the plea shall stand and need not be withdrawn before the motion is made, nor need the plea be reentered after the motion is ruled upon. Committee Comments