Rule 8-304. Motions.

A. Defenses and objections that may be raised. Any matter that is capable of determination without trial of the general issue, including defenses and objections, may be raised before trial by motion. B. Motion requirements. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. Motions shall be served on each party as provided by Rule 8-208 NMRA. C. Unopposed motions. The moving party shall determine whether or not a motion will be opposed. If the motion will not be opposed, an order initialed by the opposing party shall accompany the motion. The motion is not granted until the order is approved by the court. D. Opposed motions. The motion shall recite that concurrence of the opposing party was requested or shall specify why no such request was made. The moving party shall request concurrence from the opposing party unless the motion is a (1) motion to dismiss; (2) motion regarding bonds and conditions of release; (3) motion for new trial; (4) motion to suppress evidence; or (5) motion to modify a sentence under Rule 8-801 NMRA. Notwithstanding the provisions of any other rule, a party may file with any opposed motion a brief or supporting points with citations or authorities. Affidavits, statements, depositions, or other documentary evidence in support of the motion may be filed with the motion. E. Response. Unless otherwise specifically provided in these rules or by order of the court, if a party wants to file a written response to a motion, the written response shall be filed and served within fifteen (15) days after service of the motion. Affidavits, statements, depositions, or other documentary evidence in support of the response may be filed with the response. F. Suppression of evidence. (1) A person aggrieved by a search and seizure may move for the return of the property and to suppress its use as evidence; and a person aggrieved by a confession, admission, or other evidence obtained through allegedly unconstitutional means may move to suppress such evidence. (2) Unless otherwise ordered by the court, a motion to suppress shall be filed at least twenty (20) days before trial or the time specified for a motion hearing, whichever is earlier. Except for good cause shown, a motion to suppress shall be filed and decided prior to trial. (3) Unless otherwise ordered by the court, the prosecution shall file a written response to a motion to suppress within fifteen (15) days after service of the motion. If the prosecution fails to file a response within the prescribed time period, the court may rule on the motion with or without a suppression hearing. G. Motions to reconsider. A party may file a motion to reconsider any ruling made by the court at any time before entry of the judgment and sentence. A motion to reconsider the judgment and sentence or an appealable order entered before or after the judgment and sentence will toll the time to appeal only if the motion is filed within the permissible time for initiating the appeal. The court may rule on a motion to reconsider with or without a hearing.