Home Table of Contents

RCr 8.18 Defenses, objections and requests that must be made before trial; waiver of a motion, ...

Baldwin's Kentucky Revised Statutes AnnotatedRules of Criminal Procedure

Baldwin's Kentucky Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VIII Arraignment, Pleadings, and Motions (Refs & Annos)
Kentucky Rules of Criminal Procedure (RCr) Rule 8.18
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--
(i) the issue of guilt;
(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.

Credits

HISTORY: Amended by Order 2014-22, eff. 1-1-15; adopted eff. 1-1-63
Rules Crim. Proc., Rule 8.18, KY ST RCRP Rule 8.18
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
End of Document