As amended through July 7, 2021
Rule 12 - Pleadings and Motions Before Trial - Defenses and Objections(a)Pleadings and Motions. Pleadings in criminal proceedings shall be the complaint, the indictment and the information, and the pleas of not guilty, guilty and nolo contendere. All other pleas, demurrers and motions to quash are abolished, and defenses and objections raised before trial which heretofore could have been raised by one or more of them shall be raised only by motion to dismiss or to grant appropriate relief, as provided in these rules. (b) Pretrial Motions. Any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion. Any or all of the following shall be raised prior to trial: (1) Defenses and objections based on defects in the institution of the prosecution; (2) Defenses and objections based on defects in the indictment or information (other than a failure to show jurisdiction in the court or to charge an offense, which objections shall be noticed by the court at any time during pendency of the proceeding); (3) Motions to suppress evidence on the ground that it was illegally obtained; (4) Requests for a severance of charges or defendants under Rule 14.(c) Pretrial Motion Date. All pretrial motions listed in Rule 12(b) must be filed within 45 days after the defendant's arraignment. The court may vary these times for good cause shown. (d) Ruling on Motion. A motion made before trial shall be determined before trial unless the court orders that it be deferred for determination at the trial of the general issue. Where factual issues are involved in determining a motion to suppress evidence, the court shall state its essential findings on the record. (e) Effect of Failure to Raise Defenses or Objections. Failure by the defendant to raise defenses or objections or to make requests which must be made prior to trial, at the time set by the court pursuant to section (c), or prior to any extension thereof made by the court, shall constitute waiver thereof, but the court for cause shown may grant relief from the waiver. (f) Record. An electronic recording shall be made of all judicial proceedings under this rule.(g) Effect of Determination. If the court grants a motion based on a defect in the institution of the prosecution or in the indictment or information, it may also order that the defendant be held in custody or that bail be continued for a specified time pending the filing of a new indictment or information. (h) Continuance of Trial. A motion for continuance of a trial date will be granted by the court only for cause shown. In deciding whether to grant the motion, the court shall consider the victim's circumstances and the effect the delay would have on the victim, particularly a victim of advanced age or extreme youth. The court shall place its findings on the record. The presiding judge of a judicial district may require that a visiting or pro tem judge obtain approval from the presiding judge before granting any continuance of trial.Adopted by SCO 4 October 4, 1959; amended by SCO 157 effective February 15, 1973; by SCO 557 effective April 4, 1983; by SCO 894 effective July 15, 1988; by SCO 1126 effective July 15, 1993; by SCO 1153 effective July 15, 1994; and by SCO 1592 effective April 15, 2006; and by SCO 1787 effective nunc pro tuncJuly 1, 2012. Chapter 71, section 46, SLA 2012 (SB 86), effective July 1, 2012, amended Criminal Rule 12(h) relating to the protection of vulnerable adults, as reflected in section 2 of this Order. The changes to Criminal Rule 12(h) are adopted for the sole reason that the legislature has mandated the amendments. .