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Rule 12. Motions.

 

(a) Motions. An application to the court for an order shallbe by motion, which, unless made during a trial or hearing, shall be in writingand in accordance with this rule. A motion shall state succinctly and withparticularity the grounds upon which it is made and the relief sought. A motionneed not be accompanied by a memorandum unless required by the court.

 

(b) Request to Submit for Decision. If neither party hasadvised the court of the filing nor requested a hearing, when the time forfiling a response to a motion and the reply has passed, either party may file arequest to submit the motion for decision. If a written Request to Submit isfiled it shall be a separate pleading so captioned. The Request to Submit forDecision shall state the date on which the motion was served, the date theopposing memorandum, if any, was served, the date the reply memorandum, if any,was served, and whether a hearing has been requested. The notification shallcontain a certificate of mailing to all parties. If no party files a writtenRequest to Submit, or the motion has not otherwise been brought to theattention of the court, the motion will not be considered submitted fordecision.

 

(c) Time for filing specified motions. Any defense,objection or request, including request for rulings on the admissibility ofevidence, which is capable of determination without the trial of the generalissue may be raised prior to trial by written motion.

 

(c)(1) The following shall be raised at least 7 days priorto the trial:

 

(c)(1)(A) defenses and objectionsbased on defects in the indictment or information ;

 

(c)(1)(B) motions to suppressevidence;

 

(c)(1)(C) requests for discoverywhere allowed;

 

(c)(1)(D) requests for severance ofcharges or defendants;

 

(c)(1)(E) motions to dismiss on theground of double jeopardy ; or

 

(c)(1)(F) motions challengingjurisdiction, unless good cause is shown why the issue could not have beenraised at least 7 days prior to trial.

 

(c)(2) Motions for a reduction of criminal offense atsentencing pursuant to Utah Code Section 76‑3‑402(1) shall be inwriting and filed at least 14 days prior to the date of sentencing unless thecourt sets the date for sentencing within ten days of the entry of conviction.Motions for a reduction of criminal offense pursuant to Utah Code Section 76‑3‑402(2) may be raised at any time after sentencing uponproper service of the motion on the appropriate prosecuting entity.

 

(d) Motions to Suppress. A motion to suppress evidenceshall:

 

(d)(1) describe the evidence soughtto be suppressed;

 

(d)(2) set forth the standing ofthe movant to make the application; and

 

(d)(3) specify sufficient legal andfactual grounds for the motion to give the opposing party reasonable notice ofthe issues and to enable the court to determine what proceedings areappropriate to address them.

 

If an evidentiary hearing is requested, no written responseto the motion by the non‑moving party is required, unless the courtorders otherwise. At the conclusion of the evidentiary hearing, the court mayprovide a reasonable time for all parties to respond to the issues of fact andlaw raised in the motion and at the hearing.

 

(e) A motion made before trial shall be determined beforetrial unless the court for good cause orders that the ruling be deferred forlater determination. Where factual issues are involved in determining a motion,the court shall state its findings on the record.

 

(f) Failure of the defendant to timely raise defenses orobjections or to make requests which must be made prior to trial or at the timeset by the court shall constitute waiver thereof, but the court for cause shownmay grant relief from such waiver.

 

(g) A verbatim record shall be made of all proceedings atthe hearing on motions, including such findings of fact and conclusions of lawas are made orally.

 

(h) If the court grants a motion based on a defect in theinstitution of the prosecution or in the indictment or information, it may alsoorder that bail be continued for a reasonable and specified time pending thefiling of a new indictment or information. Nothing in this rule shall be deemedto affect provisions of law relating to a statute of limitations.