![]() Discovery motions filed pursuant to subdivision (d)(1) after the defendant's election shall be heard and decided expeditiously.Ī non-discovery motion filed prior to the pretrial hearing may be heard at the pretrial hearing, at a hearing scheduled to address the motion, or at the trial session. Any discovery matters pending at the time of the pretrial hearing or the compliance hearing shall be heard at that hearing. The opposing party shall be afforded an adequate opportunity to prepare and submit a memorandum of law prior to the hearing.Īll pending discovery motions shall be heard and decided prior to the defendant's election of a jury or jury-waived trial. The parties shall have a right to a hearing on a pretrial motion. A discovery motion filed after the conclusion of the pretrial hearing shall be heard and considered only if (A) the discovery sought could not reasonably have been requested or obtained prior to the conclusion of the pretrial hearing, (B) the discovery is sought by the Commonwealth, and the Commonwealth could not reasonably provide all discovery due to the defense prior to the conclusion of the pretrial hearing, or (C) other good cause exists to warrant consideration of the motion.Ī pretrial motion which does not seek discovery shall be filed before the assignment of a trial date pursuant to Rule 11(b) or (c) or within 21 days thereafter, unless the court permits later filing for good cause shown. Only pretrial motions the subject matter of which could not be agreed upon at the pretrial conference shall be filed with the court.Īny discovery motions shall be filed prior to the conclusion of the pretrial hearing, or thereafter for good cause shown. Upon a showing that substantial justice requires, the judge or special magistrate may permit a pretrial motion which has been heard and denied to be renewed. No motion to suppress evidence, other than evidence seized during a warrantless search, and no motion to dismiss may be filed unless accompanied by a memorandum of law, except when otherwise ordered by the judge or special magistrate. ![]() ![]() The judge or special magistrate may require the filing of a memorandum of law, in such form and within such time as he or she may direct, as a condition precedent to a hearing on a motion or interlocutory matter. For cause shown the requirements of this subdivision (3) may be waived by the court. Opposing affidavits shall be served not later than one day before the hearing. In addition, an affidavit detailing all facts relied upon in support of the motion and signed by a person with personal knowledge of the factual basis of the motion shall be attached.Ī copy of any pretrial motion and supporting affidavits shall be served on all parties or their attorneys pursuant to Rule 32 at the time the originals are filed. Grounds not stated which reasonably could have been known at the time a motion is filed shall be deemed to have been waived, but a judge for cause shown may grant relief from such waiver. If there are multiple charges, a motion filed pursuant to this rule shall specify the particular charge to which it applies. Pretrial motions shall be filed within the time allowed by subdivision (d) of this rule.Ī pretrial motion shall state the grounds on which it is based and shall include in separately numbered paragraphs all reasons, defenses, or objections then available, which shall be set forth with particularity. (1) Requirement of writing and signature waiverĪ pretrial motion shall be in writing and signed by the party making the motion or the attorney for that party.
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