AL · rules
Ala. R. Crim. P. 15.2
Objections and defenses which must be raised by motion
(a) OBJECTIONS WHICH MUST BE RAISED BY PRE-TRIAL MOTION. Objections
based on defects in the commencement of the proceeding or in the charge, other
than lack of subject matter jurisdiction or failure to charge an offense, may be
raised only by pre-trial motion as provided in Rule 15.3.
(b) ALL OBJECTIONS AND DEFENSES INCLUDED. The pre-trial motion shall
include all objections and defenses then available to the defendant.
(c) WAIVER. Failure to present any objection or defense as provided in
sections (a) and (b) constitutes a waiver thereof, but the court for good cause
shown may grant relief from the waiver.
(d) OBJECTIONS WHICH MAY BE RAISED AT ANY TIME. The lack of subject
matter jurisdiction or the failure of the charge to state an offense may be raised by
the court or by motion of the defendant at any time during the pendency of the
proceeding. Once such an issue is raised by the court, the procedure thereafter
shall be the same as if the defendant had raised the issue by appropriate motion.
(e) EFFECT OF MOTION ON PLEA. If a plea has been entered before a pre-trial motion is made, the plea shall stand and need not be withdrawn before the
motion is made, nor need the plea be reentered after the motion is ruled upon.
History
Committee Comments Rule 15.2 requires that certain objections be made and defenses raised by motion before trial. Objections to the venire or to an individual grand juror or to the venue must be raised by such a motion before trial. The exceptions are lack of subject matter jurisdiction and failure to charge an offense. The rule is different from Rule 12(b)(2), Fed.R.Crim.P., in that it adds the words “subject matter” before the word “jurisdiction.” This merely expresses the accepted interpretation of the federal rule, since objections to personal jurisdiction can be waived by failure to timely object. See Hess v. United States, 254 F.2d 578 (8th Cir.1958). If a defendant wishes to raise the defense of double jeopardy, the denial of a speedy trial, or any similar defense, the defense should be raised by a motion under this rule. Section (e) provides that one does not have to withdraw a plea previously entered before one can take advantage of a defense or objection by motion. Under prior practice, a plea of not guilty had to be withdrawn before a plea in abatement or motion to quash could be entered.
Provenance
- Source
- judicial.alabama.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
0512da30e3fae55ffff94dd4960da5e2f9edf37f4e33ca1cbe17fb18cfcc2604
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