Traffic Rule 11 controls the motions you can file before you enter a plea or go to trial, such as a motion to dismiss, a motion to suppress evidence, or a request for discovery (the evidence the prosecutor must share). It also sets deadlines. Missing a deadline can mean losing the argument. This page summarizes the rule and links to the official text.
A motion is a written request asking the court to do something. Under Rule 11, defenses and objections are raised by a motion to dismiss or a motion asking for other appropriate relief. Any issue the court can decide without a trial may be raised by motion. (Traf.R. 11(A), (B))
1. Problems with how the case was started or with the complaint (the ticket). These may be raised before you plead, but not later than trial. (Traf.R. 11(B)(1))
Two problems can be raised at any time: that the court lacks jurisdiction, or that the complaint does not charge an offense. (Traf.R. 11(B)(1)(b))
2. Motions that must be made before trial. These include:
a motion to suppress (keep out) evidence because it was obtained illegally,
requests and motions for discovery under Criminal Rule 16, and
motions to separate charges or defendants under Criminal Rule 14.
Pretrial motions must be made within 35 days after arraignment or 7 days before trial, whichever is earlier. There is an exception in Criminal Rule 16(M). The court may extend the time "in the interest of justice." (Traf.R. 11(C))
"Arraignment" is the hearing where you are told the charge and enter a plea.
If you do not raise a defense, objection, or required motion in time, you waive it (give it up). The court may grant relief from the waiver for good cause. Do not count on that. (Traf.R. 11(F))
Asking what evidence the prosecutor will use. At arraignment, or as soon as practical after, you may ask for notice of the evidence the prosecutor intends to use at trial that you are entitled to discover under Criminal Rule 16. (Traf.R. 11(D))
Rulings. The court must decide pretrial motions before trial, and must state its essential findings on the record when facts are in dispute. (Traf.R. 11(E))
No contest plea. A no contest plea does not stop you from arguing on appeal that the court wrongly ruled on a pretrial motion, such as a motion to suppress. (Traf.R. 11(G)) A guilty plea is a complete admission of guilt. (Traf.R. 10(B)(1))
Defective ticket. If the court grants a motion to dismiss for a defect in the complaint, it must dismiss unless the prosecutor can amend the complaint under Criminal Rule 7(D). See the Traffic Rule 20 page for how amendment works. (Traf.R. 11(H))
The state can appeal too, under Criminal Rule 12(K). (Traf.R. 11(I))
Write down your arraignment date. Count 35 days forward. If your trial is set sooner, count 7 days back from trial. Use the earlier date.
File your discovery request early, so you have time to review the evidence and file any suppression motion before the deadline.
Ask the clerk about local rules on filing motions. Practices vary by court.
Traffic Rule 10 makes the right-to-counsel provisions of Criminal Rule 44 apply when you plead, including appointed counsel in some cases. If jail is possible, ask the court about a lawyer before you plead. (Traf.R. 10(C), (D))
Rule 11 was amended in 2011 and 2022, and an older copy of it said some objections "must" be raised before plea. The current rule says they "may be raised before plea, but not later than trial." This page summarizes the current rule and links to it. If this summary and the official rule differ, the official rule controls.
Last verified: 2026-10-13