Pretrial Motions in Federal Criminal Cases: Rule 12

The general rule

Fed. R. Crim. P. 12(b)(1) provides that a party may raise by pretrial motion any defense, objection, or request that the court can determine without a trial on the merits. That covers legal challenges to the charge and requests that shape the trial.

Motions that must be made before trial

Fed. R. Crim. P. 12(b)(3) lists the motions that must be raised by pretrial motion if the basis is reasonably available: a defect in instituting the prosecution, including improper venue, preindictment delay, a violation of the constitutional right to a speedy trial, selective or vindictive prosecution, and error in the grand jury proceeding; a defect in the indictment or information; and suppression of evidence.

Why timing matters

A defense that must be raised by pretrial motion and is not, when the basis was available, is waived unless the court grants relief from the waiver for good cause. Motion practice therefore sets the perimeter of the trial.

Primary sources

• Fed. R. Crim. P. 12(b)(1) — text of the statute or rule as published by law.cornell.edu (law.cornell.edu). Verbatim: “A party may raise by pretrial motion any defense, objection, or request that the court can determine without a trial on the merits. Rule 47 applies to a pretrial motion.”
• Fed. R. Crim. P. 12(b)(3) — text of the statute or rule as published by law.cornell.edu (law.cornell.edu). Verbatim: “The following defenses, objections, and requests must be raised by pretrial motion if the basis for the motion is then reasonably available and the motion can be determined without a trial on the merits: (A) a motion alleging a defect in instituting the prosecution, including: (i) improper venue; (ii) preindictment delay; (iii) a violation of the constitutional right to a speedy trial; (iv) selective or vindictive prosecution; and (v) an error in the grand-jury proceeding or preliminary hearing”

Sources listed above were accessed and verified on August 20, 2026. Statutes and rules are quoted from the linked primary pages as published on that date. Information on this site is general in nature and is not legal advice.

Related reference pages

• Federal Criminal Defense: An Overview of Statutes and Process
• Federal Criminal Investigations: Warrants, Subpoenas, and False Statements
• Conspiracy Charges Under 18 U.S.C. § 371
• Federal Drug Crime Prosecutions: Statutes and Process
• Federal Fraud Offenses: Mail Fraud, Wire Fraud, and Related Statutes
• White-Collar Prosecutions: Statutes and Investigative Patterns
• Federal Sentencing: Guidelines, the Presentence Report, and 18 U.S.C. § 3553(a)
• Federal Criminal Trials: Procedure, Speedy Trial, and Burdens
• Plea Agreements in Federal Court: Rule 11 Procedure