Wisconsin § 971.31 - Motions before trial.

§ 971.31. Motions before trial.

971.31(1) (1) Any motion which is capable of determination without the trial of the general issue may be made before trial. 971.31(2) (2) Except as provided in sub. (5) , defenses and objections based on defects in the institution of the proceedings, insufficiency of the complaint, information or indictment, invalidity in whole or in part of the statute on which the prosecution is founded, or the use of illegal means to secure evidence shall be raised before trial by motion or be deemed waived. The court may, however, entertain such motion at the trial, in which case the defendant waives any jeopardy that may have attached. The motion to suppress evidence shall be so entertained with waiver of jeopardy when it appears that the defendant is surprised by the state’s possession of such evidence. 971.31(3) (3) The admissibility of any statement of the defendant shall be determined at the trial by the court in an evidentiary hearing out of the presence of the jury, unless the defendant, by motion, challenges the admissibility of such statement before trial. 971.31(4) (4) Except as provided in sub. (3) , a motion shall be determined before trial of the general issue unless the court orders that it be deferred for determination at the trial. All issues of fact arising out of such motion shall be tried by the court without a jury. 971.31(5) (5) 971.31(5)(a) (a) Motions before trial shall be served and filed within 10 days after the initial appearance of the defendant in a misdemeanor action or 10 days after arraignment in a felony action unless the court otherwise permits. 971.31(5)(b) (b) In felony actions, motions to suppress evidence or motions under s.