§15A‑952. Pretrial motions; time for filing; sanction for failure tofile; motion hearing date.
(a) Any defense,objection, or request which is capable of being determined without the trial ofthe general issue may be raised before trial by motion.
(b) Except as providedin subsection (d), when the following motions are made in superior court theymust be made within the time limitations stated in subsection (c) unless thecourt permits filing at a later time:
(1) Motions to continue.
(2) Motions for a changeof venue under G.S. 15A‑957.
(3) Motions for aspecial venire under G.S. 9‑12 or G.S. 15A‑958.
(4) Motions to dismissunder G.S. 15A‑955.
(5) Motions to dismissfor improper venue.
(6) Motions addressed tothe pleadings, including:
a. Motions to dismissfor failure to plead under G.S. 15A‑924(e).
b. Motions to strikeunder G.S. 15A‑924(f).
c. Motions for bills ofparticulars under G.S. 15A‑924(b) or G.S. 15A‑925.
d. Motions forseverance of offenses, to the extent required by G.S. 15A‑927.
e. Motions for joinderof related offenses under G.S. 15A‑926(c).
(c) Unless otherwiseprovided, the motions listed in subsection (b) must be made at or before thetime of arraignment if a written request is filed for arraignment and ifarraignment is held prior to the session of court for which the trial iscalendared. If arraignment is to be held at the session for which trial iscalendared, the motions must be filed on or before five o'clock P.M. on theWednesday prior to the session when trial of the case begins.
If a written request forarraignment is not filed, then any motion listed in subsection (b) of thissection must be filed not later than 21 days from the date of the return of thebill of indictment as a true bill.
(d) Motions concerningjurisdiction of the court or the failure of the pleading to charge an offensemay be made at any time.
(e) Failure to file themotions in subsection (b) within the time required constitutes a waiver of themotion. The court may grant relief from any waiver except failure to move todismiss for improper venue.
(f) When a motion ismade before trial, the court in its discretion may hear the motion beforetrial, on the date set for arraignment, on the date set for trial before a juryis impaneled, or during trial.
(g) In superior ordistrict court, the judge shall consider at least the following factors indetermining whether to grant a continuance:
(1) Whether the failureto grant a continuance would be likely to result in a miscarriage of justice;
(2) Whether the casetaken as a whole is so unusual and so complex, due to the number of defendantsor the nature of the prosecution or otherwise, that more time is needed foradequate preparation; and
(3) Whether the caseinvolves physical or sexual child abuse when a victim or witness is under 16years of age, and whether further delay would have an adverse impact on thewell‑being of the child.
(4) Good cause forgranting a continuance shall include those instances when the defendant, awitness, or counsel of record has an obligation of service to the State ofNorth Carolina, including service as a member of the General Assembly or theRules Review Commission. (1973, c. 1286, s. 1; 1989, c. 688, s. 5; 1995 (Reg.Sess., 1996), c. 725, s. 9; 1997‑34, s. 12.)
§15A‑952. Pretrial motions; time for filing; sanction for failure tofile; motion hearing date.
(a) Any defense,objection, or request which is capable of being determined without the trial ofthe general issue may be raised before trial by motion.
(b) Except as providedin subsection (d), when the following motions are made in superior court theymust be made within the time limitations stated in subsection (c) unless thecourt permits filing at a later time:
(1) Motions to continue.
(2) Motions for a changeof venue under G.S. 15A‑957.
(3) Motions for aspecial venire under G.S. 9‑12 or G.S. 15A‑958.
(4) Motions to dismissunder G.S. 15A‑955.
(5) Motions to dismissfor improper venue.
(6) Motions addressed tothe pleadings, including:
a. Motions to dismissfor failure to plead under G.S. 15A‑924(e).
b. Motions to strikeunder G.S. 15A‑924(f).
c. Motions for bills ofparticulars under G.S. 15A‑924(b) or G.S. 15A‑925.
d. Motions forseverance of offenses, to the extent required by G.S. 15A‑927.
e. Motions for joinderof related offenses under G.S. 15A‑926(c).
(c) Unless otherwiseprovided, the motions listed in subsection (b) must be made at or before thetime of arraignment if a written request is filed for arraignment and ifarraignment is held prior to the session of court for which the trial iscalendared. If arraignment is to be held at the session for which trial iscalendared, the motions must be filed on or before five o'clock P.M. on theWednesday prior to the session when trial of the case begins.
If a written request forarraignment is not filed, then any motion listed in subsection (b) of thissection must be filed not later than 21 days from the date of the return of thebill of indictment as a true bill.
(d) Motions concerningjurisdiction of the court or the failure of the pleading to charge an offensemay be made at any time.
(e) Failure to file themotions in subsection (b) within the time required constitutes a waiver of themotion. The court may grant relief from any waiver except failure to move todismiss for improper venue.
(f) When a motion ismade before trial, the court in its discretion may hear the motion beforetrial, on the date set for arraignment, on the date set for trial before a juryis impaneled, or during trial.
(g) In superior ordistrict court, the judge shall consider at least the following factors indetermining whether to grant a continuance:
(1) Whether the failureto grant a continuance would be likely to result in a miscarriage of justice;
(2) Whether the casetaken as a whole is so unusual and so complex, due to the number of defendantsor the nature of the prosecution or otherwise, that more time is needed foradequate preparation; and
(3) Whether the caseinvolves physical or sexual child abuse when a victim or witness is under 16years of age, and whether further delay would have an adverse impact on thewell‑being of the child.
(4) Good cause forgranting a continuance shall include those instances when the defendant, awitness, or counsel of record has an obligation of service to the State ofNorth Carolina, including service as a member of the General Assembly or theRules Review Commission. (1973, c. 1286, s. 1; 1989, c. 688, s. 5; 1995 (Reg.Sess., 1996), c. 725, s. 9; 1997‑34, s. 12.)
§15A‑952. Pretrial motions; time for filing; sanction for failure tofile; motion hearing date.
(a) Any defense,objection, or request which is capable of being determined without the trial ofthe general issue may be raised before trial by motion.
(b) Except as providedin subsection (d), when the following motions are made in superior court theymust be made within the time limitations stated in subsection (c) unless thecourt permits filing at a later time:
(1) Motions to continue.
(2) Motions for a changeof venue under G.S. 15A‑957.
(3) Motions for aspecial venire under G.S. 9‑12 or G.S. 15A‑958.
(4) Motions to dismissunder G.S. 15A‑955.
(5) Motions to dismissfor improper venue.
(6) Motions addressed tothe pleadings, including:
a. Motions to dismissfor failure to plead under G.S. 15A‑924(e).
b. Motions to strikeunder G.S. 15A‑924(f).
c. Motions for bills ofparticulars under G.S. 15A‑924(b) or G.S. 15A‑925.
d. Motions forseverance of offenses, to the extent required by G.S. 15A‑927.
e. Motions for joinderof related offenses under G.S. 15A‑926(c).
(c) Unless otherwiseprovided, the motions listed in subsection (b) must be made at or before thetime of arraignment if a written request is filed for arraignment and ifarraignment is held prior to the session of court for which the trial iscalendared. If arraignment is to be held at the session for which trial iscalendared, the motions must be filed on or before five o'clock P.M. on theWednesday prior to the session when trial of the case begins.
If a written request forarraignment is not filed, then any motion listed in subsection (b) of thissection must be filed not later than 21 days from the date of the return of thebill of indictment as a true bill.
(d) Motions concerningjurisdiction of the court or the failure of the pleading to charge an offensemay be made at any time.
(e) Failure to file themotions in subsection (b) within the time required constitutes a waiver of themotion. The court may grant relief from any waiver except failure to move todismiss for improper venue.
(f) When a motion ismade before trial, the court in its discretion may hear the motion beforetrial, on the date set for arraignment, on the date set for trial before a juryis impaneled, or during trial.
(g) In superior ordistrict court, the judge shall consider at least the following factors indetermining whether to grant a continuance:
(1) Whether the failureto grant a continuance would be likely to result in a miscarriage of justice;
(2) Whether the casetaken as a whole is so unusual and so complex, due to the number of defendantsor the nature of the prosecution or otherwise, that more time is needed foradequate preparation; and
(3) Whether the caseinvolves physical or sexual child abuse when a victim or witness is under 16years of age, and whether further delay would have an adverse impact on thewell‑being of the child.
(4) Good cause forgranting a continuance shall include those instances when the defendant, awitness, or counsel of record has an obligation of service to the State ofNorth Carolina, including service as a member of the General Assembly or theRules Review Commission. (1973, c. 1286, s. 1; 1989, c. 688, s. 5; 1995 (Reg.Sess., 1996), c. 725, s. 9; 1997‑34, s. 12.)
