Rule 17. Pleadings and Motions Before Trial— Defenses and Objections

(a) Pleadings and Motions. Pleadings in delinquency proceedings are the petition for adjudication and the pleas of admit or deny. Motions in delinquency proceedings are governed by the Criminal Rules. (b) Motions Prior to Adjudication. Any defense, objection or request which is capable of determination before adjudication of the general issue may be raised prior to the adjudication hearing by motion. The following matters must be raised prior to the adjudication hearing: (1) defenses and objections based on defects in the petition (other than a failure to show jurisdiction in the court or to charge an offense, which objections may be raised at any time during the pendency of the proceeding); (2) motions to suppress evidence on the ground that it was illegally obtained; and (3) requests for severance or joinder under Delinquency Rule 18. (c) Notice of Mental Disease or Defect. Notice of an intention to offer evidence of mental disease or defect is governed by AS 12.47.010 and AS 12.47.020. (d) Ruling on Motion. The court shall decide a motion made prior to adjudication before the adjudication hearing unless the court orders that the motion be deferred until the hearing. (e) Effect of Failure to Raise Defenses or Objections. Failure by the juvenile to raise defenses or objections or to make requests which must be made prior to the adjudication hearing, or by the time set by the court pursuant to Delinquency Rule 14(b)(3), constitutes waiver thereof. However, the court may grant relief from the waiver for good cause. (f) Effect of Dismissal. If the court grants dismissal based on a defect in the institution of the proceedings or in the petition, it also may order the placement or detention of the juvenile be continued for a specified time pending the filing of a new petition.