Rule 12

Rule 12 of the Federal Rules of Civil Procedure deals with pleadings and pretrial motions.  By pretrial motions, a party may raise any defense, objection, or request that the court can determine without a trial of the general issue.

Under Rule 12(b)(3)(C), the government may notify the defendant of its intent to use specified evidence at trial in order to afford the defendant an opportunity to object before trial.  Under Rule 12(b)(3)(C), the defendant may request notice of the government’s intent to use any evidence that the defendant may be entitled to discover under Rule 16.  The court may set a deadline for the parties to make pretrial motions and may also schedule a motion hearing.

The court must decide every pretrial motion before trial.  The court must not defer ruling on a pretrial motion, if it will adversely affect a party’s right to appeal.  According to the rule, all proceedings at a motion hearing must be recorded by a court reporter or a suitable recording device.


Inside Rule 12