Rule 3A:9. Pleadings and Motions for Trial; Defenses and Objections

(a) Pleadings and Motions. — Pleadings in a criminal proceeding are the

indictment, information, warrant or summons on which the accused is to be tried and the

plea of not guilty, guilty or nolo contendere. Defenses and objections made before trial

that heretofore could have been made by other pleas or by demurrers and motions to

quash must be made only by motion to dismiss or to grant appropriate relief, as provided

in these Rules.

(b) The Motion Raising Defenses and Objections. —

(1) Defenses and Objections That Must Be Raised Before Trial. Defenses and

objections based on defects in the institution of the prosecution or in the written charge

upon which the accused is to be tried, other than that it fails to show jurisdiction in the

court or to charge an offense, must be raised by motion made within the time prescribed

by paragraph (c) of this Rule. The motion must include all such defenses and objections

then available to the accused. Failure to present any such defense or objection as herein

provided constitutes a waiver thereof. Lack of jurisdiction or the failure of the written

charge upon which the accused is to be tried to state an offense may be noticed by the

court at any time during the pendency of the proceeding.

(2) Defenses and Objections That May Be Raised Before Trial. In addition to the

defenses and objections specified in subparagraph (b) (1) of this Rule, any defense or

objection that is capable of determination without the trial of the general issue may be

raised by motion before trial. Failure to present any such defense or objection before the

jury returns a verdict or the court finds the defendant guilty constitutes a waiver thereof.

(3) Form of Motion. Any motion made before trial must be in writing if made in a

circuit court, unless the court for good cause shown permits an oral motion. A motion

must state with particularity the grounds or grounds on which it is based.

Failure to present any such defense or objection before the

jury returns a verdict or the court finds the defendant guilty constitutes a waiver thereof.

(3) Form of Motion. Any motion made before trial must be in writing if made in a

circuit court, unless the court for good cause shown permits an oral motion. A motion

must state with particularity the grounds or grounds on which it is based.

(4) Hearing on Motion. A motion before trial raising defenses or objections must be

determined before the trial unless the court orders that it be deferred for determination at

the trial of the general issue. An issue of fact must be heard and determined by the court,

unless a jury trial is required by constitution or statute.

(5) Effect of Determination. If a motion is determined adversely to the accused, his

plea may stand or he may plead over or, if the accused has not previously pleaded, he

must be permitted to plead. The motion need not be renewed if the accused properly

saves the point for the purpose of appeal when the court first determines the motion.

(c) Time of Filing Notice or Making Motion. — A motion referred to in

subparagraph (b) (1) must be filed or made before a plea is entered and, in a circuit court,

at least 7 days before the day fixed for trial, or, if the motion raises speedy trial or Double

Jeopardy grounds as specified in Code § 19.2-266.2 A (ii), at such time prior to trial as

the grounds for the motion or objection arise, whichever occurs last. A copy of such

motion must, at the time of filing, be submitted to the judge of the circuit court who will

hear the case, if known.

(d) Relief From Waiver. — For good cause shown the court may grant relief from

any waiver provided for in this Rule.

PART THREE A

CRIMINAL PRACTICE AND PROCEDURE