Rule 12 - Pleadings and Motions Before Trial - Defenses and Objections(a)Pleadings and Motions. Pleadings in criminal proceedings shall be the indictment, information, or complaint 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 (1) 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 indictment, information, or 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 indictment, information, or complaint to charge an offense may be raised by suggestion of the parties or court at any time during the pendency of the proceeding.(3)Time of Making Motion. The motion shall be made no later than thirty (30) days after the plea is entered, except that if the defendant has moved pursuant to Rule 9.1 to dismiss, it shall be made within thirty (30) days after entry of an order disposing of that motion; but in any event the court may permit the motion to be made within a reasonable time after the plea is entered or a Rule 9.1 motion has been determined.(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 the defendant 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 indictment, information, or complaint, the court may also order that the defendant be held in custody or that the defendant's bail be continued for a specified time pending the filing of a new indictment, information, or 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 no later than thirty (30) days after the defendant enters the defendant's plea file a written notice of such intention with the court and serve a copy thereof upon the prosecuting authority. 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 the defendant intends to rely on the defense of insanity, the prosecuting authority 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 prosecuting authority 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, including an extension of time to file the notice if deemed necessary.(d)Motion for a Speedy Trial. When a Motion for a Speedy Trial is filed by a defendant, the attorney for the defendant shall send a copy to the prosecuting authority. The motion shall then be assigned for hearing.(e)Motion to Dismiss for Failure to Obtain a Speedy Trial. When a Motion to Dismiss for Failure to Obtain a Speedy Trial is filed, the attorney for the defendant shall send a copy to the prosecuting authority. The motion shall then be assigned for hearing.