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Supreme Court Rules

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		Section/Rule:	24.04
Subject:	Rule 24 - Rules of Criminal Procedure - Misdemeanors or Felonies - Arraignment and Proceedings Before Trial	Publication / Adopted Date:	June 13, 1979
Topic:	Misdemeanors or Felonies - Pleadings and Motions Before Trial - Defenses and Objections	Revised / Effective Date:	January 1, 1980

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24.04. Misdemeanors or Felonies - Pleadings and Motions Before Trial - Defenses and Objections

(a) Pleadings. Pleadings shall be the indictment or the information and the plea thereto.

(b) Motion Raising Defenses and Objections.

1. Defenses and Objections Which May Be Raised. Any defense or objection which is capable of determination without trial of the general issue may be raised before trial by motion.

2. Defenses and Objections Which Must Be Raised. Defenses and objections based on defects in the institution of the prosecution or in the indictment or information 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 indictment or information 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 before the plea is entered, but the court may permit it to be made within a reasonable time thereafter.

4. Hearing on Motion. The motion shall be heard and determined before trial on application of the state or the defendant, unless the court orders that the hearing and determination thereof be deferred until the trial.

5. Effect of Determination. If a motion is determined adversely to the defendant he shall be permitted to plead if he has 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 indictment or information, it may also order that the defendant be held in custody or that the conditions of his release be continued for a specified time pending the filing of a new indictment or information.

(Adopted June 13, 1979, eff. Jan. 1, 1980.)

Committee Note - 1979

Paragraph (a) is substantially the same as the first sentence in prior Rule 25.05(a).
Compare: Fed.R.Crim.P. 12(a).
Subparagraph (b)(1) is the same as prior Rule 25.06(a).
Compare: Fed.R.Crim.P. 12(b).
Subparagraph (b)(2) is the same as prior Rule 25.06(b) except for the addition of: 'The motion shall include all such defenses and objections then available to the defendant.'
Compare: Fed.R.Crim.P. 12(b).
Subparagraph (b)(3) is substantially the same as prior Rule 25.06(c).
Compare: Fed.R.Crim.P. 12(c).
Subparagraph (b)(4) is substantially the same as prior Rule 25.06(d).
Compare: Fed.R.Crim.P. 12(e) and 55.27(c).
Subparagraph (b)(5) is new.
Compare: Fed.R.Crim.P. 12(h).