Rule 12 - Pleadings and Motions before Trial; Defenses and Objections(a) Pleadings and motions. Pleadings in criminal proceedings shall be the information or petition and the pleas of not guilty, guilty and nolo contendere. All other pleas, demurrers and motions to quash the pleadings are abolished, and 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) The motion raising defenses and objections.(1) Defenses and objections which may be raised. Any defense or objection which is capable of determination without the trial of the general issue may be raised before trial by motion. (2) Defenses and objections which must be raised. Defenses and objections based on defects in the institution of the prosecution or in the information or petition, other than that it fails to show jurisdiction in the Court or to charge an offense, may be raised only by motion before trial. The motion shall include all such defenses and objections then available to the person charged. Failure to present any such defense or objection as herein provided constitutes a waiver thereof, but the Court for cause shown may grant relief from the waiver. Lack of jurisdiction or the failure of the information or petition to charge an offense shall be noticed by the Court at any time during the pendency of the proceeding. (3) Time of making motion. The motion shall be made not later than 10 days after arraignment, but the Court may permit it to be made within a reasonable time thereafter. (4) Hearing on motion. A motion before trial raising defenses or objections shall be determined before trial unless the Court orders that it be deferred for determination at the trial of the general issue. With the consent of the defendant, issues of fact may be determined by the Court on affidavits.(5) Effect of determination. If a motion is determined adversely to the person charged the person shall be permitted to plead if not having previously pleaded. A plea previously entered shall stand. If the Court grants a motion based on a defect in the institution of the prosecution or in the information or petition, it may also order that the person charged be held in custody or that bail be continued for a specified time pending the filing of a new information or petition. Nothing in this Rule shall be deemed to affect the provisions of any statutes of this State relating to periods of limitations.Del. Fam. Ct. R. Crim. P. 12