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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 [Effective January 1, 2015]

May 13, 2021 | Criminal Procedure, Kentucky

(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.

Ky. R. Crim. P. RCr 8.18

Amended by Order 2014-22, eff. 1-1-15; adopted eff. 1-1-63