R.I. Dist. R. Crim. P. 12

As amended through June 7, 2024
Rule 12 - Pleadings and motions before trial - Defenses and objections
(a) Pleadings and Motions. Pleadings in criminal proceedings shall be the complaint, and the pleas of not guilty, guilty and nob contendere. All other pleas, and 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) The Motion Raising Defenses and Objections.
(1) Defenses and Objections Which May Be Raised. Any defense or objection which is capable of determination without the trial of the general issue may be raised before trial by motion.
(2) Defenses and Objections Which Must Be Raised. The defense of double jeopardy and all other defenses and objections based on defects in the institution of the prosecution or in the complaint other than that it fails to show jurisdiction in the court or to charge an offense may be raised only by motion before trial. The motion shall include all such defenses and objections then available to the defendant. Failure to present any such defense or objection as herein provided constitutes a waiver thereof, but the court for cause shown may grant relief from the waiver. Lack of jurisdiction or the failure of the complaint to charge an offense shall be noticed by the court at any time during the pendency of the proceeding.
(3) Time of Making Motion. The motion shall be made no later than fifteen (15) days after the plea is entered, but the court may permit it to be made within a reasonable time thereafter.
(4) Hearing on Motion. A motion before trial raising defenses or objections shall be determined before trial unless the court orders that it be deferred for determination at the trial of the general issue.
(5) Effect of Determination. If a motion is determined adversely to the defendant the defendant shall be permitted to plead if he or she had not previously pleaded. A plea previously entered shall stand. If the court grants a motion based on a defect in the institution of the prosecution or in the complaint, it may also order that the defendant be held in custody or that his or her bail be continued for a specified time pending the filing of a new complaint.
(c) Defense of Insanity.
(1) Notice. If a defendant who pleads not guilty intends to rely in any way on the defense of insanity the defendant shall not later than thirty (30) days after the defendant enters his or her plea file a written notice of such intention with the court and serve a copy thereof upon the attorney for the State. The notice shall contain the names and addresses of persons the defendant intends to call as witnesses to establish that the defendant was insane at the time of the alleged offense. In the event the defendant gives notice that he or she intends to rely on the defense of insanity, the attorney for the State shall, not later than thirty (30) days prior to commencement of trial, file with the court and serve upon the defendant a written notice stating the names and addresses of persons whom the State intends to call as witnesses to establish the defendant's sanity at the time of the alleged offense.
(2) Failure to Comply. In the event a notice is not filed and served as required by this subdivision, the court may refuse to permit the party in default to present evidence at the trial with respect to the defense of insanity, or may in its discretion enter such other order as it deems appropriate under the circumstances.

R.I. Dist. R. Crim. P. 12