15A-951. Motions in general; definition, service, and filing. (a) A motion must: (1) Unless made during a hearing or trial, be in writing; (2) State the grounds of the motion; and (3) Set forth the relief or order sought. (b) Each written motion must be served upon the attorney of record for the opposing party […]
15A-952. Pretrial motions; time for filing; sanction for failure to file; motion hearing date. (a) Any defense, objection, or request which is capable of being determined without the trial of the general issue may be raised before trial by motion. (b) Except as provided in subsection (d), when the following motions are made in superior […]
15A-953. Motions practice in district court. In misdemeanor prosecutions in the district court motions should ordinarily be made upon arraignment or during the course of trial, as appropriate. A written motion may be made prior to trial in district court. With the consent of other parties and the district court judge, a motion may be […]
15A-954. Motion to dismiss – Grounds applicable to all criminal pleadings; dismissal of proceedings upon death of defendant. (a) The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that: (1) The statute alleged to have been violated is unconstitutional on its face or as applied […]
15A-955. Motion to dismiss – Grounds applicable to indictments. The court on motion of the defendant may dismiss an indictment if it determines that: (1) There is ground for a challenge to the array, (2) The requisite number of qualified grand jurors did not concur in finding the indictment, or (3) All of the witnesses […]
15A-956. Deferral of ruling on motion to dismiss when charge to be reinstituted. If a motion to dismiss is made at arraignment or trial, upon motion of the prosecutor the court may recess the proceedings for a period of time requested by the prosecutor, not to exceed 24 hours, prior to ruling upon the motion. […]
15A-957. Motion for change of venue. If, upon motion of the defendant, the court determines that there exists in the county in which the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial, the court must either: (1) Transfer the proceeding to another county in […]
15A-958. Motion for a special venire from another county. Upon motion of the defendant or the State, or on its own motion, a court may issue an order for a special venire of jurors from another county if in its discretion it determines the action to be necessary to insure a fair trial. The procedure […]
15A-959. Notice of defense of insanity; pretrial determination of insanity. (a) If a defendant intends to raise the defense of insanity, the defendant must file a notice of the defendant’s intention to rely on the defense of insanity as provided in G.S. 15A-905(c) and, if the case is not subject to that section, within a […]
