22-3208.Pleadings and motions.(1) Pleadings in criminal proceedings shall be the complaint,information or indictment, the bill of particulars when ordered, and thepleas of not guilty, guilty or with the consent of the court, nolocontendere. All other pleas, demurrers and motions to quash areabolished and defenses and objections raised before trial which heretoforecould have been raised by one or more of them shall be raised only bymotion to dismiss or to grant appropriate relief.
(2) Any defense or objection which is capable of determination withoutthe trial of the general issue may be raised before trial by motion.
(3) Defenses and objections based on defects in the institution of theprosecution or in the complaint, information or indictment other than thatit fails to show jurisdiction in the court or to charge a crime may beraised only by motion before trial. The motion shall include all suchdefenses and objections then available to the defendant. Failure to presentany such defense or objection as herein provided constitutes a waiverthereof, but the court for cause shown may grant relief from the waiver.Lack of jurisdiction or the failure of the complaint, information orindictment to charge a crime shall be noticed by the court at any timeduring the pendency of the proceeding.
(4) The motion to dismiss shall be made at any time prior to arraignmentor within 20 days after the plea is entered. The period for filing suchmotion may be enlarged by the court when it shall find that the groundstherefor were not known to the defendant and could not with reasonablediligence have been discovered by the defendant within theperiod specified herein. Aplea of guilty or a consent to trial upon a complaint, information orindictment shall constitute a waiver of defenses and objections based uponthe institution of the prosecution or defects in the complaint, informationor indictment other than it fails to show jurisdiction in the court or tocharge a crime.
(5) A motion before trial raising defenses or objections to prosecutionshall be determined before trial unless the court orders that it bedeferred for determination at the trial.
(6) If a motion is determined adversely to the defendant, suchdefendant shall thenplead if such defendant had not previously pleaded. A pleapreviously entered shallstand. If the court grants a motion based on a defect in the institution ofthe prosecution or in the complaint, information or indictment, it may alsoorder that the defendant be held in custody or that thedefendant's appearance bond becontinued for a specified time not exceeding one day pending the filing ofa new complaint, information or indictment.
(7) Any hearing conducted by the court to determine the merits of anymotion may be conducted by two-way electronic audio-video communicationbetween the defendant and defendant's counsel in lieu of personal presenceof the defendant and defendant's counsel in the courtroom in the discretionof the court. The defendant shall be informed of the defendant's right tobe personally presentin the courtroom during such hearing if the defendant so requests.Exercising the right to be present shall in no way prejudice the defendant.
History: L. 1970, ch. 129, § 22-3208;L. 1989, ch. 98, § 3; July 1.
22-3208.Pleadings and motions.(1) Pleadings in criminal proceedings shall be the complaint,information or indictment, the bill of particulars when ordered, and thepleas of not guilty, guilty or with the consent of the court, nolocontendere. All other pleas, demurrers and motions to quash areabolished and defenses and objections raised before trial which heretoforecould have been raised by one or more of them shall be raised only bymotion to dismiss or to grant appropriate relief.
(2) Any defense or objection which is capable of determination withoutthe trial of the general issue may be raised before trial by motion.
(3) Defenses and objections based on defects in the institution of theprosecution or in the complaint, information or indictment other than thatit fails to show jurisdiction in the court or to charge a crime may beraised only by motion before trial. The motion shall include all suchdefenses and objections then available to the defendant. Failure to presentany such defense or objection as herein provided constitutes a waiverthereof, but the court for cause shown may grant relief from the waiver.Lack of jurisdiction or the failure of the complaint, information orindictment to charge a crime shall be noticed by the court at any timeduring the pendency of the proceeding.
(4) The motion to dismiss shall be made at any time prior to arraignmentor within 20 days after the plea is entered. The period for filing suchmotion may be enlarged by the court when it shall find that the groundstherefor were not known to the defendant and could not with reasonablediligence have been discovered by the defendant within theperiod specified herein. Aplea of guilty or a consent to trial upon a complaint, information orindictment shall constitute a waiver of defenses and objections based uponthe institution of the prosecution or defects in the complaint, informationor indictment other than it fails to show jurisdiction in the court or tocharge a crime.
(5) A motion before trial raising defenses or objections to prosecutionshall be determined before trial unless the court orders that it bedeferred for determination at the trial.
(6) If a motion is determined adversely to the defendant, suchdefendant shall thenplead if such defendant had not previously pleaded. A pleapreviously entered shallstand. If the court grants a motion based on a defect in the institution ofthe prosecution or in the complaint, information or indictment, it may alsoorder that the defendant be held in custody or that thedefendant's appearance bond becontinued for a specified time not exceeding one day pending the filing ofa new complaint, information or indictment.
(7) Any hearing conducted by the court to determine the merits of anymotion may be conducted by two-way electronic audio-video communicationbetween the defendant and defendant's counsel in lieu of personal presenceof the defendant and defendant's counsel in the courtroom in the discretionof the court. The defendant shall be informed of the defendant's right tobe personally presentin the courtroom during such hearing if the defendant so requests.Exercising the right to be present shall in no way prejudice the defendant.
History: L. 1970, ch. 129, § 22-3208;L. 1989, ch. 98, § 3; July 1.
22-3208.Pleadings and motions.(1) Pleadings in criminal proceedings shall be the complaint,information or indictment, the bill of particulars when ordered, and thepleas of not guilty, guilty or with the consent of the court, nolocontendere. All other pleas, demurrers and motions to quash areabolished and defenses and objections raised before trial which heretoforecould have been raised by one or more of them shall be raised only bymotion to dismiss or to grant appropriate relief.
(2) Any defense or objection which is capable of determination withoutthe trial of the general issue may be raised before trial by motion.
(3) Defenses and objections based on defects in the institution of theprosecution or in the complaint, information or indictment other than thatit fails to show jurisdiction in the court or to charge a crime may beraised only by motion before trial. The motion shall include all suchdefenses and objections then available to the defendant. Failure to presentany such defense or objection as herein provided constitutes a waiverthereof, but the court for cause shown may grant relief from the waiver.Lack of jurisdiction or the failure of the complaint, information orindictment to charge a crime shall be noticed by the court at any timeduring the pendency of the proceeding.
(4) The motion to dismiss shall be made at any time prior to arraignmentor within 20 days after the plea is entered. The period for filing suchmotion may be enlarged by the court when it shall find that the groundstherefor were not known to the defendant and could not with reasonablediligence have been discovered by the defendant within theperiod specified herein. Aplea of guilty or a consent to trial upon a complaint, information orindictment shall constitute a waiver of defenses and objections based uponthe institution of the prosecution or defects in the complaint, informationor indictment other than it fails to show jurisdiction in the court or tocharge a crime.
(5) A motion before trial raising defenses or objections to prosecutionshall be determined before trial unless the court orders that it bedeferred for determination at the trial.
(6) If a motion is determined adversely to the defendant, suchdefendant shall thenplead if such defendant had not previously pleaded. A pleapreviously entered shallstand. If the court grants a motion based on a defect in the institution ofthe prosecution or in the complaint, information or indictment, it may alsoorder that the defendant be held in custody or that thedefendant's appearance bond becontinued for a specified time not exceeding one day pending the filing ofa new complaint, information or indictment.
(7) Any hearing conducted by the court to determine the merits of anymotion may be conducted by two-way electronic audio-video communicationbetween the defendant and defendant's counsel in lieu of personal presenceof the defendant and defendant's counsel in the courtroom in the discretionof the court. The defendant shall be informed of the defendant's right tobe personally presentin the courtroom during such hearing if the defendant so requests.Exercising the right to be present shall in no way prejudice the defendant.
History: L. 1970, ch. 129, § 22-3208;L. 1989, ch. 98, § 3; July 1.
