Can a defendant raise a statute of limitations claim in a pretrial motion?
California, United States of America
The following excerpt is from People v. Lopez, F068634 (Cal. App. 2017):
A defendant may raise a statute of limitations claim in a pretrial motion, but the trial court may decide the issue as a matter of law only if the facts are undisputed. (People v. Le (2000) 82 Cal.App.4th 1352, 1361.) In other words, the pretrial motion "is the functional equivalent of a motion for summary judgment in the civil context."
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