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Motions

Introduction

Motions are where legal issues are formally raised and tested.

After discovery begins, the defense and prosecution may ask the court to rule on specific legal questions. These requests are made through written motions. Motions do not argue guilt or innocence. They challenge how the case is being built and whether the government has followed the rules.

Many cases are narrowed, reshaped, or resolved entirely through motion practice.

What a Motion Is

A motion is a formal request asking the court to take a specific action.

That action may include suppressing evidence, compelling disclosure, dismissing charges, or clarifying how the case will proceed. Motions focus on law and procedure rather than factual disputes.

They require careful timing, precise language, and a clear legal basis.

Motions Are Built on Discovery

Most motions grow out of discovery.

As information is disclosed, issues surface. Evidence may have been obtained improperly. Reports may conflict with recordings. Required disclosures may be missing or delayed.

Motion practice is driven by identifying those problems and presenting them to the court in a structured way.

This connection is explored in more detail on the Discovery page.

Motions to Suppress Evidence

One of the most common and important motions is a motion to suppress.

Suppression motions argue that evidence was obtained in violation of constitutional or statutory rules. If successful, the evidence cannot be used against the defendant, even if it appears incriminating.

Suppression issues often involve searches, seizures, interrogations, and arrests.

These principles are explained further on the Suppressed Evidence page.

Motions to Dismiss or Limit Charges

Some motions challenge the charges themselves.

These motions may argue that the facts alleged do not support the offense, that the statute does not apply, or that procedural defects require dismissal. Even when dismissal is not granted, successful motions can narrow the scope of the case.

Limiting charges can significantly change negotiation dynamics and trial strategy.

Motions to Compel and Procedural Motions

Not all motions involve evidence or dismissal.

Motions may be filed to compel discovery, enforce deadlines, or address procedural disputes. These motions ensure that the case proceeds fairly and according to established rules.

Procedural motions often receive less attention but can be critical to maintaining leverage and preserving issues for review.

Hearings and Court Rulings

Some motions are decided on written filings alone. Others require hearings.

At a motion hearing, the court hears legal arguments and may consider testimony related to how evidence was obtained. These hearings are not trials, but they can have a decisive impact on the case.

Court rulings on motions often shape what evidence the jury will see, or whether the case proceeds at all.

How Motions Fit Into the Criminal Process

Motions are typically filed and litigated during the pretrial phase.

They follow discovery and occur alongside pretrial conferences. Their outcomes influence negotiations, trial preparation, and sentencing considerations.

For context on how cases reach this stage, see the Pretrial Conferences page. For a broader overview, visit the Criminal Process page.

Practical Takeaway

Motions enforce the rules of the system.

They are the mechanism by which constitutional protections and procedural requirements are applied to real cases. Effective motion practice can exclude evidence, narrow issues, or resolve cases entirely.

Criminal Defense is not only about arguing facts. It is about ensuring the law is followed at every stage.