Ky. R. Crim. P. 8.18 (2026)

(1) Defenses, Objections and Requests That Must Be Made Before Trial. Except for good cause shown, the following shall be raised before trial:

(a) a motion alleging a defect in instituting the prosecution;

(b) a motion alleging a defect in the indictment or information--but at any time while the case is pending, the court may hear a claim that the indictment or information fails to invoke the court's jurisdiction or to state an offense;

(c) a Rule 7.24 request or motion for discovery or inspection;

(d) a Rule 8.07(1)(A) notice of insanity defense;

(e) a Rule 8.07(2)(A) notice of intention to introduce expert evidence relating to a mental disease or defect or any other mental condition of the defendant bearing on--

(i) the issue of guilt;

(ii) the issue of punishment; or

(iii) the issue of guilt and the issue of punishment;

(f) a Rule 8.27 motion to suppress evidence;

(g) a Rule 8.29 motion to sever charges or defendants; and

(h) a Rule 8.31 motion for separate trials.

(2) Waiver of a Motion, Defense, Objection, or Request; Relief From Waiver. A party waives any Rule 8.18(1) defense, objection, or request not raised by the deadline the court sets under Rule 8.20 or by any extension the court provides. Upon a finding of good cause, the court shall grant relief from the waiver.

Credits

HISTORY: Amended by Order 2014-22, eff. 1-1-15; adopted eff. 1-1-63