Rule 12. Pleadings and Motions Before Trial: Defenses and Objections

Pleadings and Motions Before Trial: Defenses and Objections.

Pleadings and motions

Pleadings in criminal proceedings shall be the complaint, and the indictment or

information, and the pleas of not guilty, not guilty by reason of insanity, guilty, and no

contest. All other pleas, demurrers, and motions to quash, are abolished. Defenses and

objections raised before trial which heretofore could have been raised by one or more of

them shall be raised only by motion to dismiss or to grant appropriate relief, as provided in

these rules.

(B)

Filing with the court defined

The filing of documents with the court, as required by these rules, shall be made by filing

them with the clerk of court, except that the judge may permit the documents to be filed

with the judge, in which event the judge shall note the filing date on the documents and

transmit them to the clerk. A court shall provide, by court order or local rule, for the filing

of documents by electronic means. The court order or local rule shall include all of the

following:

(1)

The complaint shall comply with Crim.R. 3.

(2)

Any signature on electronically transmitted documents shall be considered

that of the attorney or party it purports to be for all purposes. If it is

established that the documents were transmitted without authority, the court

shall order the filing stricken.

(3)

A provision shall specify the days and hours during which electronically

transmitted documents will be received by the court, and a provision shall

specify when documents received electronically will be considered to have

been filed.

t purports to be for all purposes. If it is

established that the documents were transmitted without authority, the court

shall order the filing stricken.

(3)

A provision shall specify the days and hours during which electronically

transmitted documents will be received by the court, and a provision shall

specify when documents received electronically will be considered to have

been filed.

(4)

Any document filed electronically that requires a filing fee may be rejected

by the clerk of court unless the filer has complied with the mechanism

established by the court for the payment of filing fees.

(C)

Pretrial motions

Prior to trial, any party may raise by motion any defense, objection, evidentiary issue, or

request that is capable of determination without the trial of the general issue. The following

must be raised before trial:

(1)

Defenses and objections based on defects in the institution of the

prosecution;

(2)

Defenses and objections based on defects in the indictment, information, or

complaint (other than failure 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 proceeding);

(3)

Motions to suppress evidence, including but not limited to statements and

identification testimony, on the ground that it was illegally obtained. Such

motions shall be filed in the trial court only.

(4)

Requests for discovery under Crim.R. 16;

(5)

Requests for severance of charges or defendants under Crim.R. 14.

(6)

Requests for the appointment of expert witnesses in cases where the

defendant is unable to afford the cost of the requested expert assistance.

Upon request by defense counsel, a motion in this regard may be made in

camera and ex parte, and the order concerning this appointment shall be

under seal.

nder Crim.R. 16;

(5)

Requests for severance of charges or defendants under Crim.R. 14.

(6)

Requests for the appointment of expert witnesses in cases where the

defendant is unable to afford the cost of the requested expert assistance.

Upon request by defense counsel, a motion in this regard may be made in

camera and ex parte, and the order concerning this appointment shall be

under seal.

(7)

Requests for the appointment of investigators in cases where the defendant

is unable to afford the cost of the requested investigative assistance. Upon

request by defense counsel, a motion in this regard may be made in camera

and ex parte, and the order concerning the appointment shall be under seal.

(D)

Motion date

All pretrial motions except as provided in Crim.R. 7(E) and 16(M) shall be made within

thirty-five days after arraignment or seven days before trial, whichever is earlier. The court

in the interest of justice may extend the time for making pretrial motions.

(E)

Notice by the prosecuting attorney of the intention to use evidence

(1)

At the discretion of the prosecuting attorney

At the arraignment or as soon thereafter as is practicable, the prosecuting attorney

may give notice to the defendant of the prosecuting attorney’s intention to use

specified evidence at trial, in order to afford the defendant an opportunity to raise

objections to such evidence prior to trial under division (C)(3) of this rule.

se evidence

(1)

At the discretion of the prosecuting attorney

At the arraignment or as soon thereafter as is practicable, the prosecuting attorney

may give notice to the defendant of the prosecuting attorney’s intention to use

specified evidence at trial, in order to afford the defendant an opportunity to raise

objections to such evidence prior to trial under division (C)(3) of this rule.

(2)

At the request of the defendant

At the arraignment or as soon thereafter as is practicable, the defendant, in order to

raise objections prior to trial under division (C)(3) of this rule, may request notice

of the prosecuting attorney's intention to use evidence in chief at trial, which

evidence the defendant is entitled to discover under Crim.R. 16.

(F)

Ruling on motion

The court may adjudicate a motion based upon briefs, affidavits, the proffer of testimony

and exhibits, a hearing, or other appropriate means.

A motion made pursuant to divisions (C)(1) to (C)(5) of this rule shall be determined before

trial. Any other motion made pursuant to division (C) of this rule shall be determined

before trial whenever possible. Where the court defers ruling on any motion made by the

prosecuting attorney before trial and makes a ruling adverse to the prosecuting attorney

after the commencement of trial, and the ruling is appealed pursuant to law with the

certification required by division (K) of this rule, the court shall stay the proceedings

without discharging the jury or dismissing the charges.

Where factual issues are involved in determining a motion, the court shall state its essential

findings on the record.

(G)

Return of tangible evidence

Where a motion to suppress tangible evidence is granted, the court upon request of the

defendant shall order the property returned to the defendant if the defendant is entitled to

possession of the property. The order shall be stayed pending appeal by the state pursuant

to division (K) of this rule.

e court shall state its essential

findings on the record.

(G)

Return of tangible evidence

Where a motion to suppress tangible evidence is granted, the court upon request of the

defendant shall order the property returned to the defendant if the defendant is entitled to

possession of the property. The order shall be stayed pending appeal by the state pursuant

to division (K) of this rule.

(H)

Effect of failure to raise defenses or objections

Failure by the defendant to raise defenses or objections or to make requests that must be

made prior to trial, at the time set by the court pursuant to division (D) of this rule, or prior

to any extension of time made by the court, shall constitute waiver of the defenses or

objections, but the court for good cause shown may grant relief from the waiver.

(I)

Effect of plea of no contest

The plea of no contest does not preclude a defendant from asserting upon appeal that the

trial court prejudicially erred in ruling on a pretrial motion, including a pretrial motion to

suppress evidence.

(J)

Effect of determination

If the court grants a motion to dismiss based on a defect in the institution of the prosecution

or in the indictment, information, or complaint, it may also order that the defendant be held

in custody or that the defendant’s bail be continued for a specified time not exceeding

fourteen days, pending the filing of a new indictment, information, or complaint. Nothing

in this rule shall affect any statute relating to periods of limitations. Nothing in this rule

shall affect the state's right to appeal an adverse ruling on a motion under divisions (C)(1)

or (2) of this rule, when the motion raises issues that were formerly raised pursuant to a

motion to quash, a plea in abatement, a demurrer, or a motion in arrest of judgment.

(K)

Appeal by state

Nothing

in this rule shall affect any statute relating to periods of limitations. Nothing in this rule

shall affect the state's right to appeal an adverse ruling on a motion under divisions (C)(1)

or (2) of this rule, when the motion raises issues that were formerly raised pursuant to a

motion to quash, a plea in abatement, a demurrer, or a motion in arrest of judgment.

(K)

Appeal by state

When the state takes an appeal as provided by law from an order suppressing or excluding

evidence, or from an order directing pretrial disclosure of evidence, the prosecuting

attorney shall certify that both of the following apply:

(1)

the appeal is not taken for the purpose of delay;

(2)

the ruling on the motion or motions has rendered the state's proof with

respect to the pending charge so weak in its entirety that any reasonable

possibility of effective prosecution has been destroyed, or the pretrial

disclosure of evidence ordered by the court will have one of the effects

enumerated in Crim.R. 16(D).

The appeal from an order suppressing or excluding evidence shall not be allowed unless

the notice of appeal and the certification by the prosecuting attorney are filed with the clerk

of the trial court within seven days after the date of the entry of the judgment or order

granting the motion. Any appeal taken under this rule shall be prosecuted diligently.

If the defendant previously has not been released, the defendant shall, except in capital

cases, be released from custody on the defendant’s own recognizance pending appeal when

the prosecuting attorney files the notice of appeal and certification.

If an appeal from an order suppressing or excluding evidence pursuant to this division

results in an affirmance of the trial court, the state shall be barred from prosecuting the

defendant for the same offense or offenses except upon a showing of newly discovered

evidence that the state could not, with reasonable diligence, have discovered before filing

of the notice of appeal.

rtification.

If an appeal from an order suppressing or excluding evidence pursuant to this division

results in an affirmance of the trial court, the state shall be barred from prosecuting the

defendant for the same offense or offenses except upon a showing of newly discovered

evidence that the state could not, with reasonable diligence, have discovered before filing

of the notice of appeal.

(L)

Motion practice by a victim

To the extent required by law, the trial court shall allow the victim to file pretrial motions

in accordance with the time parameters in subsection (D) and to respond to any motion

filed by either the prosecution or the defendant within a time prescribed the court.

(M)

Appeal by victim

An interlocutory appeal by or on behalf of the victim as provided by law shall not be

allowed unless the notice of appeal is filed with the clerk of the trial court within fourteen

days after notice of the judgment or order being appealed was provided to the victim

pursuant to law.

1, 2011; July 1, 2013; July 1, 2019; July 1, 2023; July 1, 2025