Rule 37.51 - Pleadings and Motions Before Trial - Defenses and Objections - Hearing on Motion(a) Pleadings. Pleadings shall be the information and plea thereto.(b) Motion Raising Defenses and Objections.(1)Defenses and Objections That May Be Raised. Any defense or objection that is capable of determination without trial of the general issue may be raised before trial by motion.(2)Defenses and Objections That Must Be Raised. Defenses andobjections based on defects in the institution of the prosecution or in the information other than that it fails to show jurisdiction in the court or to charge an ordinance violation may be raised only by motion before trial. The motion shall include all such defenses and objections then available to the defendant. 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.
(3)Time of Making Motion. The motion shall be made before the plea is entered, but the judge may permit it to be made within a reasonable time thereafter.(4)Hearing on Motion. The motion shall be heard and determined before trial on application of the prosecutor or the defendant, unless the court orders that the hearing and determination be deferred until the trial.(5)Matters That Shall Be Noticed by the Court. Lack of jurisdiction or the failure of the information to charge an ordinance violation shall be noticed by the court at any time during the pendency of the proceeding.Mo. R. Ord. Viol. & Viol. Burea. 37.51
Adopted May 14, 1985, eff. 1/1/1986. Amended December 23, 2003, eff. 7/1/2004.