North Carolina General Statutes § 15A-976 Timing of pretrial suppression motion and hearing

(a)        A motion to suppress evidence in superior court may be made at any time prior to trial except as provided in subsection (b).

(b)        If the State gives notice not later than 20 working days before trial of its intention to use evidence and if the evidence is of a type listed in G.S. 15A-975(b), the defendant may move to suppress the evidence only if its motion is made not later than 10 working days following receipt of the notice from the State.

(c)        When the motion is made before trial, the judge in his discretion may hear the motion before trial, on the date set for arraignment, on the date set for trial before a jury is impaneled, or  during trial. He may rule on the motion before trial or reserve judgment until trial. (1973, c. 1286, s. 1.)

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Last modified: March 23, 2014