28.01 indicates that when a criminal case is set for a pre-trial hearing, any motions from defense (or the State) need to be filed w/ in 7 days of this hearing date unless cause is shown.

***My question is, what if there was no "pre-trial" hearing scheduled (i.e. just a bench trial date). Is the deadline to file 7 days before the trial date?***

If so, does anyone have a citation for this? I can't find it anywhere. Thanks!

Seems to me that it would be whatever deadline the court chooses. In this situation the burden is upon the movant to get a hearing scheduled and the closer to trial the motion is filed the less likely you will get a hearing "pretrial".

Regarding the original post - does anyone have any further information on this? 28.01 Sect. 2 clearly sets out a 7-day motion deadline - useful for attorneys who get pass after pass by waiting until pre-trial to raise an assortment of issues they never mentioned before as a delaying tactic.

Whether the court even sets a case for a pre-trial hearing is dicretionary. The seven-day deadline is not hard and fast; the court can always grant permission for a later filing, but must find good cause. Any ground for continuance filed less than seven days before the pre-trial hearing must arise thereafter or have been hidden (i.e, were either not exisiting or were not known). What are you considering as a "delaying tactic" aside from a valid ground for continuance?