Appeal by State from order granting defendantís motion to suppress evidence.
1. The State may appeal to the district court from an order of a justiceís court granting the motion of a defendant to suppress evidence.
2. Such an appeal shall be taken:
(a) Within 2 days after the rendition of such an order during a trial or preliminary examination.
(b) Within 5 days after the rendition of such an order before a trial or preliminary examination.
3. Upon perfecting such an appeal:
(a) After the commencement of a trial or preliminary examination, further proceedings in the trial shall be stayed pending the final determination of the appeal.
(b) Before trial or preliminary examination, the time limitation within which a defendant shall be brought to trial shall be extended for the period necessary for the final determination of the appeal.
Last modified: February 25, 2006