State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-976

§15A‑976.  Timing of pretrial suppression motion and hearing.

(a)        A motion tosuppress evidence in superior court may be made at any time prior to trialexcept as provided in subsection (b).

(b)        If the State givesnotice not later than 20 working days before trial of its intention to useevidence and if the evidence is of a type listed in G.S. 15A‑975(b), thedefendant may move to suppress the evidence only if its motion is made notlater than 10 working days following receipt of the notice from the State.

(c)        When the motion ismade before trial, the judge in his 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. He may rule on the motion before trial or reservejudgment until trial. (1973, c. 1286, s. 1.)