Calvert Cnty. Cir. Ct. Criminal DCM Plan 1.2

a. Mandatory Motions. Mandatory motions include matters that must be raised, or are

automatically waived by the court if not filed within 30 days after the first appearance of the

defendant or the entry of appearance by counsel, except as a result of discovery and filed within 5

days of discovery. Mandatory motions include:

 Defect in the institution of the prosecution,

 Defect in the charging document,

 Unlawful search and seizure, wiretap or pretrial identification,

 Unlawfully obtained admission, statement or confession,

 Request for joint or separate trial of defendants or offenses.

b. Transfer to Juvenile Court. A motion for transfer to juvenile court, though not

considered mandatory, must be filed separately and is considered waived under the same time

restrictions as mandatory motions.

c. Hearings. Motions hearings may be heard in court or decided by a judicial ruling on

paper, without a hearing. A response to a motion, if made, must be filed within 15 days after service

of the motion. Rulings on motions are required, where practical, to be heard before the day of trial,

although a motion to dismiss pursuant to the speedy trial rule may be deferred until the day of trial.

Most dispositive and evidentiary motions must be heard in open court.