Rule 31 Motions, Demurrers, Special Pleas, and Similar Items in Criminal Matters

When someone is charged with a crime, both sides can file written requests called motions before the trial starts. These motions might ask the court to throw out evidence, dismiss the case, or make other legal decisions. The deadline to file these motions is seven days before the trial date, unless the judge allows more time.

The judge can hold a hearing to listen to arguments about the motions, or the judge may decide them based only on what was written. If you miss the deadline to file a motion, you may lose your right to raise that issue later. The judge decides when and how to handle these requests.

If you are the defendant, your lawyer should know about these deadlines and file any important motions on time. Missing a deadline can hurt your case in ways that are hard to fix later.