Any defense, objection or request which is capable of determination without the trial of the general issue may be raised before trial by motion. Motions may be written or oral at the discretion of the judge. The following shall be raised prior to trial: (a) Defenses and objections based on defects in the institution of the prosecution; (b) Defenses and objections based on defects in the indictment, information or complaint (other than that it fails to show jurisdiction in the court or to charge an offense which objections shall be noticed by the court at any time during the pendency of the proceedings);
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(c) Motions to suppress evidence; (d) Requests for discovery pursuant to Chapter 70 (commencing with § 70.10); or (e) Requests for a severance of charges or defendants pursuant to § 65.35. NOTE: Section 65.15 supersedes Paragraphs 1 and 2 of former § 997 and former Rule 12(b). See also § 65.45 (relief from waiver). It is substantively the same as proposed Rule 12(b) of the Federal Rules of Criminal Procedure. It should be noted, however, that the special procedures provided for raising the defense of not guilty by reason of mental illness, disease or defect constitute an exception to this Section. See, e.g., §§ 60.40 and 65.10 and Criminal and Correctional Code § 7.22. See generally 8 Moore, Federal Practice &12.03[1]-[3] (1974). As to the timing of motions, see § 65.20. For a request for notice of intention to use evidence, see § 65.25.