23A-8-3. (Rule 12(b)) Defenses and objections raised by motion--Issues that must be raised before trial. Any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion. Motions may be written or oral at the discretion of the judge. The following must be raised prior to trial:
(1) Defenses and objections based on defects in the institution of the prosecution;
(2) Defenses and objections based upon prior conviction or acquittal;
(3) Defenses and objections based on defects in the indictment or information (other than that it fails to show jurisdiction in the court or to charge an offense which objections shall be noticed by the court at any time during the pendency of the proceedings);
(4) Motions to suppress evidence;
(5) Requests for discovery under chapter 23A-13; or
(6) Requests for a severance of charges or defendants under § 23A-11-2.Source: SL 1978, ch 178, § 108.
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