As amended through November 7, 2024
Rule RCr 8.18 - Defenses, Objections and Requests that must be made before trial; Waiver of a Motion, Defense, Objection, or Request; Relief from Waiver(1) Defenses, Objections and Requests That Must Be Made Before Trial Except for good cause shown, the following shall be raised before trial:
(a) a motion alleging a defect in instituting the prosecution; (b) a motion alleging a defect in the indictment or information-but at any time while the case is pending, the court may hear a claim that the indictment or information fails to invoke the court's jurisdiction or to state an offense; (c) a Rule 7.24 request or motion for discovery or inspection; (d) a Rule 8.07(1)(A) notice of insanity defense; (e) a Rule 8.07(2)(A) notice of intention to introduce expert evidence relating to a mental disease or defect or any other mental condition of the defendant bearing on- (ii) the issue of punishment; or (iii) the issue of guilt and the issue of punishment;(f) a Rule 8.27 motion to suppress evidence; (g) a Rule 8.29 motion to sever charges or defendants; and(h) a Rule 8.31 motion for separate trials. (2) Waiver of a Motion, Defense, Objection, or Request; Relief from Waiver A party waives any Rule 8.18(1) defense, objection, or request not raised by the deadline the court sets under Rule 8.20 or by any extension the court provides. Upon a finding of good cause, the court shall grant relief from the waiver.
Amended by Order 2014-22, eff. 1/1/2015; adopted eff. 1/1/1963