Making Motions in Court

If you’ve ever watched a courtroom drama on television, you’ve heard lawyers make motions. You’ve probably never really thought about them but the truth is, they can make a monumental difference in the outcome of a trial.

What is a Motion?

 Prosecutors and defense attorneys in criminal courts can make written requests to the judge requesting certain judgments before a trial, or during one. It’s a formal appeal for rulings that will improve their odds of success in the trial.

Common Motions 

There are many types of motions that may be requested in a criminal trial.  Some of the most commonly used motions include:

• A Motion to Dismiss: Sometimes a request is made for the judge to dismiss a case altogether. This may be done on the grounds that the court doesn’t have jurisdiction on the matter,  the venue is not in the correct location, the alleged facts do not amount to a crime, there is not enough evidence to support the charges, or the statute of limitations has run out, for example.
• A Motion for a Change of Venue: Sometimes pre-trial publicity threatens the impartiality of a potential jury, and an attorney may request the trial be moved to another location in order to protect the right of a defendant for a fair trial.
• A Motion to Suppress: This is a request for the judge to exclude certain evidence at trial. There could be many reasons for this, including because one side believes the evidence was illegally obtained, it has been tampered with, there were chain of custody issues, or there is some other issue with the evidence in question.
• A Motion for Discovery: Sometimes the opposing party drags their feet in providing documents and information they’ve uncovered during the discovery process, even though sharing this information is required by law. An attorney may file a Motion to Compel, which can force them to produce information, witnesses, and documents they have been withholding.
• A Motion for Summary Judgment: In some situations, one party may ask the judge to make a decision on the case midway through a trial based on what’s already been presented. It’s generally because the material facts of the case point to an obvious conclusion that are indisputable. If the judge agrees that the facts of the case are not in dispute, a summary judgment can wrap things up quickly and easily.

Lobo Law 

At Lobo Law, you can count on our Las Vegas criminal defense attorneys to be prepared to deal with all aspects of a trial, from the technical and intricate details to the execution of well-designed examinations of witnesses on the stand. To discuss your situation, schedule a confidential consultation today.

Source:

law.cornell.edu/wex/motion_to_dismiss