XII. PLEADINGS AND PRETRIAL MOTIONS

1. Upon motion of a defendant the Court must dismiss a Complaint in any of the following cases:
   1. When it is not found, endorsed, and presented or filed as prescribed by this title;
   2. When the names of the witnesses are not inserted at the foot of the Complaint or endorsed thereon;
   3. When it does not substantially conform to the requirements of this title;
   4. When more than one offense is charged in a single count;
   5. When it does not describe a public offense; or
   6. When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution.
2. Defenses and objections raised by motion. Any defense, objection or request which is capable of determination without the trial of the general issue may be raised before trial by motion. Motions may be written or oral at the discretion of the Judge. The following must be raised prior to the trial:
   1. Defenses and objections based on defects in the institution of the prosecution;
   2. Defenses and objections based upon prior conviction or acquittal;
   3. Defenses and objections based on defects in the Complaint;
   4. Motions to suppress evidence;
   5. Requests for discovery; or
   6. Requests for a severance of charges or defendants.

(History, Resolution 94-22, Part X, Sec. A, amended)