List of trial motions

Some other common motions include:. In addition to these, another more rare motion is a motion for access to and preservation of the crime scene. If approved, this will require the judge to accompany jury members at the crime scene. Post-trial motions occur after the jury has reached a verdict. It is important to note that if the jury returns a not guilty verdict, the prosecution cannot have the case retried by requesting an appeal or requesting to change the location of the trial.

However, if the jury reaches a guilty verdict, the defense can file a host of post-trial motions. Some of the most common post-trial motions include:. If post-trial motions are unsuccessful, the next step would be to appeal the decision.

Filing post-trial motions is not necessarily a prerequisite to filing an appeal, but it can help extend the period in which a defendant has to file. Pursuing the most appropriate motions in your criminal case can be the difference between you being returned to your loved ones and being escorted out of the courtroom in handcuffs.

With so much at stake, it is crucial that you have an experienced attorney by your side who you believe will do everything in their power to mitigate your legal issues. If there is no dispute between both parties on the facts in question, then your lawyer may file a summary judgment motion to request that a judge apply the law to undisputed facts and make a summary judgment.

Remember, the purpose of a judge and jury is to decide what the facts are, but if both parties agree on the facts in question, then there is no need for a trial and a summary judgment motion can resolve the case instead. Motion for Change of Venue: Many times, this motion is filed to better prevent pre-trial publicity, which could create biases in prospective jurors.

If the case is widely discussed on the news, your attorney may file a Motion for Change of Venue to move the trial to a different court to protect your Sixth Amendment right to an impartial jury. Name: Please enter your name. This isn't a valid phone number. Please enter your phone number. This isn't a valid email address. Please enter your email address. Evidence Suppression.

Summary Judgment. This motion, one of the most frequent motions an attorney will file, occurs before a trial starts and requests the judge rule on a case without the trial. This can only happen in a case where neither party contests the facts of the case, freeing the judge to peruse the information and make a legal decision.

This differs from the motion to dismiss in that this motion admits there is a legal basis on which the court needs to rule. A party files this motion after discovery processes end. Release of Evidence. Witness Exclusion. If a witness brought forward by one party has a conflict of interest, the other party can file a witness exclusion motion to request that the judge prevent the witness from testifying.

A party may also file this motion if he or she believes the witness is unreliable, incompetent, or hostile.