Thursday, February 4, 2010

Motions

A motion is a legal action that is asking the court to do something. A motion can be made orally or written. Oral motions are generally made during court or at a court hearing. Written motions are much more formal and follow a set of rules. Motions encompass a large number of topics.

For example:
Motion to suppress is a motion to prevent certain evidence from coming in at trial

Motion to compel is a motion that forces a party to do something, e.g. provide evidence, appear at a deposition, etc.

Medical Motion is a motion to require the state to provide certain medical needs for an individual.

Motions in limini are motions made right before a trial to determine the admissibility or evidence or what type of evidence may be introduced during trial (for example what topics can be covered by a witness)

These are just a few of the motions that can be made on your behalf. Now, motions may not always been the best choice when planning a strategy for your case. If you file a frivolous motion you run the risk of angering the judge or prosecutor who could make your life much harder from that point on. Furthermore, it may be easier to get what you want by talking to the prosecution and getting a stipulation (which is an agreement between the parties to a certain set of conditions or rules or outcome).

Motions are a powerful tool of any case, but as mentioned above may not be needed or may be detrimental to your case depending on your circumstances. Lastly, when your attorney is drafting a motion for you make sure the information provided is correct otherwise it may come back to haunt you!

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