When Motions are to be Determined; By Whom

A motion made before trial shall be determined before trial unless the court orders that it be deferred for determination at the trial of the general issue or until after verdict. An issue of fact shall be tried by a jury if a jury trial is required and not waived. Otherwise issue of fact shall be determined by the court without a jury on affidavits or in such other manner as the court shall direct. NOTE: Section 65.40 continues the substance of Paragraph 4 of former § 997 and former Rule 12. Compare Fed. R. Crim. P. 12(b)(4). See generally 8 Moore, Federal Practice § 12.04(1974).