Section 710.50. Motion to suppress evidence; in what courts made  


Latest version.
  • 1.    The particular courts in which motions to suppress evidence must
      be made are as follows:
        (a)   If an indictment is pending in  a  superior  court,  or  if  the
      defendant  has  been  held by a local criminal court for the action of a
      grand jury, the motion must be made in the superior court in which  such
      indictment  is  pending  or  which  impaneled or will impanel such grand
      jury.  If the superior court which will impanel such grand jury  is  the
      supreme court, the motion may, in the alternative, be made in the county
      court of the county in which the action is pending;
        (b)    If  a  currently  undetermined felony complaint is pending in a
      local criminal court, the motion must be  made  in  the  superior  court
      which  would  have trial jurisdiction of the offense or offenses charged
      were an indictment therefor to result;
        (c)   If an information,  a  simplified  information,  a  prosecutor's
      information  or  a  misdemeanor complaint is pending in a local criminal
      court, the motion must be made in such court.
        2.  If after a motion has been made in and determined  by  a  superior
      court  a  local criminal court acquires trial jurisdiction of the action
      by reason of an information, a prosecutor's information or a misdemeanor
      complaint  filed  therewith,  such  superior  court's  determination  is
      binding  upon  such  local criminal court.   If, however, the motion has
      been made in but not yet determined by the superior court at the time of
      the filing of such information, prosecutor's information or  misdemeanor
      complaint,  the  superior  court  may  not determine the motion but must
      refer it to the local criminal court of trial jurisdiction.