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Rule 12. Motions.

 

(a) Motions. Anapplication to the court for an order shall be by motion, which, unless madeduring a trial or hearing, shall be in writing and in accordance with thisrule. A motion shall state succinctly and with particularity the grounds uponwhich it is made and the relief sought. A motion need not be accompanied by amemorandum unless required by the court.

 

(b) Request to Submitfor Decision. If neither party has advised the court of the filing norrequested a hearing, when the time for filing a response to a motion and thereply has passed, either party may file a request to submit the motion fordecision. If a written Request to Submit is filed it shall be a separate pleadingso captioned. The Request to Submit for Decision shall state the date on whichthe motion was served, the date the opposing memorandum, if any, was served,the date the reply memorandum, if any, was served, and whether a hearing hasbeen requested. The notification shall contain a certificate of mailing to allparties. If no party files a written Request to Submit, or the motion has nototherwise been brought to the attention of the court, the motion will not beconsidered submitted for decision.

 

(c) Time for filingspecified motions. Any defense, objection or request, including request forrulings on the admissibility of evidence, which is capable of determinationwithout the trial of the general issue may be raised prior to trial by writtenmotion.

 

(c)(1) The followingshall be raised at least 7 days prior to the trial:

 

(c)(1)(A) defenses and objections based on defects in theindictment or information ;

 

(c)(1)(B) motions to suppress evidence;

 

(c)(1)(C) requests for discovery where allowed;

 

(c)(1)(D) requests for severance of charges or defendants;

 

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

 

(c)(1)(F) motions challenging jurisdiction, unless good cause isshown why the issue could not have been raised at least 7 days prior to trial.

 

(c)(2) Motions for areduction of criminal offense at sentencing pursuant to Utah Code ? 76‑3‑402(1)shall be in writing and filed at least 14 days prior to the date of sentencingunless the court sets the date for sentencing within ten days of the entry ofconviction. Motions for a reduction of criminal offense pursuant to Utah Code ?76‑3‑402(2) may be raised at any timeafter sentencing upon proper service of the motion on the appropriateprosecuting entity.

 

(d) Motions to Suppress.A motion to suppress evidence shall:

 

(d)(1) describe the evidence sought to be suppressed;

 

(d)(2) set forth the standing of the movant to make theapplication; and

 

(d)(3) specify sufficient legal and factual grounds for the motionto give the opposing party reasonable notice of the issues and to enable thecourt to determine what proceedings are appropriate to address them.

 

If an evidentiaryhearing is requested, no written response to the motion by the non‑movingparty is required, unless the court orders otherwise. At the conclusion of theevidentiary hearing, the court may provide a reasonable time for all parties torespond to the issues of fact and law raised in the motion and at the hearing.

 

(e) A motion made beforetrial shall be determined before trial unless the court for good cause ordersthat the ruling be deferred for later determination. Where factual issues areinvolved in determining a motion, the court shall state its findings on therecord.

 

(f) Failure of thedefendant to timely raise defenses or objections or to make requests which mustbe made prior to trial or at the time set by the court shall constitute waiverthereof, but the court for cause shown may grant relief from such waiver.

 

(g) A verbatim recordshall be made of all proceedings at the hearing on motions, including suchfindings of fact and conclusions of law as are made orally.

 

(h) If the court grantsa motion based on a defect in the institution of the prosecution or in theindictment or information, it may also order that bail be continued for areasonable and specified time pending the filing of a new indictment orinformation. Nothing in this rule shall be deemed to affect provisions of lawrelating to a statute of limitations.

 

EffectiveNovember 1, 2015