Rule RCr 8.18 – Defenses which must be raised by motion [Effective until January 1, 2015]

May 13, 2021 | Criminal Procedure, Kentucky

Defenses and objections based on defects in the institution of the prosecution or in the indictment or information other than that it fails to show jurisdiction in the court or to charge an offense may be raised only by motion before trial. The motion shall include all such defenses and objections then available to the defendant. Failure to present any such defense or objection as herein provided constitutes a waiver thereof, but the court for cause shown may grant relief from the waiver. Lack of jurisdiction or the failure of the indictment or information to charge an offense shall be noticed by the court at any time during the proceedings.

Ky. R. Crim. P. RCr 8.18

Adopted eff. 1-1-63