Except for the defenses based on lack of jurisdiction of the court and failure to charge an offense, which may be raised at any time, any defense or objection susceptible of determination before the trial on the merits of the case must be raised by a motion filed before or upon entering a plea of not guilty, but the court may allow the filing of said motion for just cause within a term of not more than twenty (20) days after the act of arraignment in cases where said act must be held. When a copy of the charges has been delivered personally to the defendant, the term for filing this motion shall not be more than twenty (20) days from the moment the defendant has answered. When he has not answered, the term shall not be more than twenty (20) days after the plea of not guilty is entered.
The motion shall include all such defenses and objections available to the defendant. Failure to present any such defenses or objections within the term provided shall constitute a waiver thereof, but the court may exempt the defendant from the effects of said waiver, for just cause.
A motion to dismiss based on the provisions of Rule 64(n)(3) or (4) must be filed prior to the case being called for trial.
History —July 5, 1988, No. 65, p. 292, § 1, eff. 60 days after July 5, 1988.