Pleadings And Pretrial Motions

(a) Pleadings. The pleadings in a criminal proceeding are the indictment, information and complaint in district court, the complaint in municipal court, and the pleas of not guilty and guilty. (b) Pretrial Motions. (1) In General. A party may raise by pretrial motion any defense, objection, or request that the court can determine without a trial on the merits. Rule 47 applies to a pretrial motion. (2) Motions That May Be Made at Any Time. A motion that the court lacks jurisdiction may be made at any time while the case is pending. (3) Motions That Must Be Made Before Trial. The following defenses, objections and requests must be raised by pretrial motion if the basis for the motion is then reasonably available and the motion can be determined without a trial on the merits: (A) a defect in instituting the prosecution, including: (i) improper venue; (ii) preindictment delay; (iii) a violation of the right to speedy trial; (iv) selective or vindictive prosecution; (v) an error in the grand-jury proceeding or preliminary hearing; (B) a defect in the indictment, information, or complaint, including: (i) joining two or more offenses in the same count (duplicity); (ii) charging the same offense in more than one count (multiplicity); (iii) lack of specificity; (iv) improper joinder; and (v) failure to state an offense; (C) suppression of evidence; (D) severance of charges or defendants under Rule 14; and (E) discovery under Rule 16. (4) Notice of the Prosecution's Intent to Use Evidence. (A) At the Prosecution's Discretion. At the arraignment or as soon afterward as practicable, the government may notify the defendant of its intent to use specified evidence at trial in order to afford the defendant an opportunity to object before trial under Rule 12(b)(3)(C). (B) At the Defendant's Request. At the arraignment or as soon afterward as practicable, the defendant may, in order to have an opportunity to move to suppress evidence under Rule 12(b)(3)(C), request notice of the prosecution's intent to use (in its evidence-in-chief at trial) any evidence that the defendant may be entitled to discover under Rule 16. (c) Deadline for a Pretrial Motion; Consequences of Not Making a Timely Motion. (1) Setting the Deadline. The court may, at the arraignment or as soon afterward as practicable, set a deadline for the parties to make pretrial motions and may also schedule a motion hearing. If the court does not set one, the deadline is the start of trial. (2) Extending or Resetting the Deadline. At any time before trial, the court may extend or reset the deadline for pretrial motions. (3) Consequences or Not Making a Timely Motion Under Rule 12(b)(3). If a party does not meet the deadline for making a Rule 12(b)(3) motion, the motion is untimely. But a court may consider the defense, objection, or request if the party shows good cause. (d) Ruling on a Motion. The court must decide every pretrial motion before trial unless it finds good cause to defer a ruling. The court must not defer ruling on a pretrial motion if the deferral will adversely affect a party's right to appeal. When factual issues are involved in deciding a motion, the court must state its essential findings on the record. (e) [Reserved] (f) Recording the Proceedings. Except in municipal courts, a verbatim record must be made of all proceedings at the motion hearing, including any findings of fact and conclusions of law made orally by the court. (g) Defendant's Continued Custody or Release Status. If the court grants a motion to dismiss based on a defect in instituting the prosecution, in the complaint, in the indictment, or in the information, it may order the defendant to be held in custody or that bail be continued for a specified time until a new indictment, information, or complaint is filed.