Generally pretrial motions must be made within ____ days after arraignment and before the commencement of trial, whichever is sooner.

• A. 30 days
• B. 45 days
• C. 60 days
• D. 90 days

Answer: (B)

The key idea is timing of pretrial motions and how courts manage preparation for trial. Courts want defendants to raise motions early enough to be heard and resolved before trial, but not so early that the case grinds to a halt. The rule gives a 45-day window after arraignment for filing pretrial motions, with the usual caveat “whichever is sooner” meaning: if the trial is set to begin before 45 days, the motions must be filed by that earlier date; if the trial won’t start until after 45 days, you still have up to 45 days to file. This setup ensures timely resolution of issues like suppression, discovery disputes, or other defenses, while preventing unnecessary delays.

Why not shorter or longer periods? A shorter period, like 30 days, might be inadequate for preparing and researching complex issues. A longer period, such as 60 or 90 days, could push the trial date back and raise speedy-trial concerns. The 45-day window offers a practical balance between thorough preparation and timely progress toward trial.

Example: if arraignment is on day zero and trial is scheduled in 20 days, motions must be filed by day 20. If trial is scheduled in 60 days, motions must be filed by day 45.