![]() ![]() (2) A defense or objection which is capable of determination without trial of the general issue shall be raised before trial by motion. (1) All defenses available to a defendant by plea, other than not guilty, shall only be raised by a motion to dismiss or by a motion to grant appropriate relief. (c) Motion to Dismiss or to Grant Appropriate Relief. If at trial there exists a material variance between the evidence and bill of particulars, the judge may order the bill of particulars amended or may grant such other relief as justice requires. Within the time provided for the filing of pretrial motions by this rule or within such other time as the judge may allow, a defendant may request or the court upon its own motion may order that the prosecution file a statement of such particulars as may be necessary to give both the defendant and the court reasonable notice of the crime charged, including time, place, manner, or means. Upon a showing that substantial justice requires, the judge or special magistrate may permit a pretrial motion which has been heard and denied to be renewed. No motion to suppress evidence, other than evidence seized during a warrantless search, and no motion to dismiss may be filed unless accompanied by a memorandum of law, except when otherwise ordered by the judge or special magistrate. The judge or special magistrate may require the filing of a memorandum of law, in such form and within such time as he or she may direct, as a condition precedent to a hearing on a motion or interlocutory matter. For cause shown the requirements of this subdivision (3) may be waived by the court. ![]() Opposing affidavits shall be served not later than one day before the hearing. A copy of any pretrial motion and supporting affidavits shall be served on all parties or their attorneys pursuant to Rule 32 at the time the originals are filed. In addition, an affidavit detailing all facts relied upon in support of the motion and signed by a person with personal knowledge of the factual basis of the motion shall be attached. Grounds not stated which reasonably could have been known at the time a motion is filed shall be deemed to have been waived, but a judge for cause shown may grant relief from such waiver. If there are multiple charges, a motion filed pursuant to this rule shall specify the particular charge to which it applies. A pretrial motion shall state the grounds on which it is based and shall include in separately numbered paragraphs all reasons, defenses, or objections then available, which shall be set forth with particularity. Pretrial motions shall be filed within the time allowed by subdivision (d) of this rule. A pretrial motion shall be in writing and signed by the party making the motion or the attorney for that party. ![]() (1) Requirement of Writing and Signature Waiver. Massachusetts Criminal Procedure Rule 13: Pretrial Motions ![]()
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