The rules of criminal procedure provide that the defendant and his or her attorney have a certain number of days to make pre-trial motions challenging the legal sufficiency of the indictment or information, or seeking the suppression of evidence. In addition, the defendant may move for limited discovery of certain evidence held by the prosecutor.

Under most states' rules, the defense, if it makes the request, has a right to a copy of any statements made by the accused, copies of scientific tests and a list of the prosecution's witnesses. In some jurisdictions the defendant must notify the prosecution in advance of its intent to rely on certain defenses such as an alibi or insanity.