W.R.Cr.P. 12

(a) Pleadings and motions. — Pleadings in criminal proceedings shall be the

indictment, the information or the citation, and the pleas entered pursuant to

Rule 11. All other pleas, demurrers and motions to quash 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) Pretrial motions. — 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 trial:

(1) Defenses and objections based on defects in the institution of the

prosecution;

(2) Defenses and objections based on defects in the indictment or information (other than that it fails to show jurisdiction in the court or to charge

an offense which objections shall be noticed by the court at any time during

the pendency of the proceedings);

(3) Motions to suppress evidence;

(4) Requests for discovery under Rule 16; or

(5) Request for a severance of charges or defendants under Rule 14.

(c) Mental illness or deficiency. — If it appears at any stage of a criminal

proceeding by motion or upon the court’s own motion, that there is reasonable

cause to believe that the defendant has a mental illness or deficiency making

the defendant unfit to proceed, all further proceedings shall be suspended and

an examination ordered as required by W.S. 7-11-301 et seq.

(d) Motion date. — Unless otherwise provided by local rule, the court may, at

the time of the arraignment or as soon thereafter as practicable, set a time for

the making of pretrial motions or requests and, if required, a later date of

hearing.

(e) Notice by state of intention to use evidence. —

(1) At Discretion of State. — At the arraignment or as soon thereafter as

is practicable, the state may give notice to the defendant of its intention to

use specific evidence at trial in order to afford the defendant an opportunity

to raise objections to such evidence prior to trial under subdivision (b)(3).

(2) At Request of Defendant. — At the arraignment or as soon thereafter

as is practicable the defendant may, in order to afford an opportunity to move

to suppress evidence under subdivision (b)(3), request notice of the state’s

intention to use (in its evidence in chief at trial) any evidence which the

defendant may be entitled to discover under Rule 16, subject to any relevant

limitations prescribed in Rule 16.

(f) Ruling on motion. — A motion made before trial shall be determined

before trial unless the court, for good cause, orders that it be deferred for

determination at the trial of the general issue or until after verdict, but no such

determination shall be deferred if a party’s right to appeal is adversely

affected. Where factual issues are involved in determining a motion, the court

shall state its essential findings on the record.

(g) Effect of failure to raise defenses or objections, or to make requests. —

Failure by a party to raise defenses or objections or to make requests which

must be made prior to trial, at the time set by the court pursuant to subdivision

(d), or prior to any extension thereof made by the court, shall constitute waiver

thereof, but the court for cause shown may grant relief from the waiver.

(h) Records. — A verbatim record shall be made of all proceedings at the

hearing, including such findings of fact and conclusions of law as are made

orally.

(i) Effect of determination. — If the court grants the motion based on a defect

in the institution of the prosecution or in the indictment or information, it may

also order that the defendant be continued in custody or that bail be continued

for a specified time not to exceed 48 hours pending the filing of a new

indictment or information.

(j) Production of statements at suppression hearing. — Except as herein

provided, Rule 26.2 shall apply at a hearing on a motion to suppress evidence

under subdivision (b)(3). For purposes of this subdivision, a law enforcement

officer shall be deemed a witness called by the state, and upon a claim of

privilege the court shall excise the portion of the statement containing

privileged matter.