Motion Hearing - Oral or written requests regarding legal issues made by the lawyers before, during or after a trial asking the judge to issue rulings or orders affecting the case.
Plea - A person accused admits or denies the commission of a crime by pleading guilty or not guilty..
The most common post-trial motions include:
Motion to set aside the verdict.
Motion for a new trial.
Motion to dismiss..
A Motion to Dismiss is a request for the court to throw out a charge or charges against a defendant.
It is a pretrial motion, heard by a judge.
There is no jury involved.
When a defendant files a Motion to Dismiss, they argue there is a problem with the legal basis of the charge and it should not proceed to trial..
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins.
The motion can affect the trial, courtroom, defendants, evidence, or testimony.
Only judges decide the outcome of motions..
Motion to Suppress Evidence (PC 1538.5): A motion to suppress evidence, also commonly referred to as a PC 1538.5 motion, or a motion to suppress illegally obtain evidence, is one of the most common criminal defense motions filed by a defendant..
You CAN NOT file a motion without permission from your lawyer and it is a specific written statement that has to accompany the documents.
When you hired the lawyer you hired someone to represent you.
You can't file on your own.
Unless otherwise ordered by the court, all motions in civil actions, including:
case.
Dispositive motions include:
Motion to Compel.
In any legal action, whether civil or criminal, all of the parties to the action are entitled to receive information and evidence from the other parties, though they have to ask for it specifically.
This is usually done through a series of requests that the other party answer questions, and provide documents or other items.
