Self-Representation - Motions

[Hope Kant]

San Andreas Judicial Branch
Employee Handbook

Motions

1. Miscellaneous Motions
2. Involuntary Dismissal
3. Motion for Summary Judgement
4. Evidence Motions
5. Motion to Suppress

[Hope Kant]

A Motion for Continuance is a formal request for the presiding judge to pause the proceedings for the reason specified. Should there be scheduling issues or issues of availability, it is best to inform the judge as soon as possible and file a Motion for Continuance when there is a pending deadline.

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Where to Find?

• Please find the format here.

A Motion to Stay Pending Appeal is a request for the presiding judge to essentially pause the proceedings as there is now a case in the Court of Appeals that disputes a decision that has been made in the lower court. This ensures that the disputed decision is fully taken care of before more decisions with more profound implications may be made.

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Where to Find?

• Please find the format here.

A Motion for Change of Venue is used when their is increased scheduling conflicts and either party wishes for the venue to be changed from its current medium. The venue can change from either a docket trial or an in-person trial. Docket trials are conducted completely online, whereas in-person trials are conducted face-to-face.

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Where to Find?

• Please find the format here.

A witness list is a document submitted during a legal case that identifies all individuals a party intends to call as witnesses during a trial or hearing. It typically includes:

• Names of the witnesses.
• Type of Witness (e.x., expert witness, character witness, or eyewitness).
• Relevance to the case (e.x. individual has information on the whereabouts of the defendant; individual has been long time friends/employer of the defendant).

The purpose of a witness list is to ensure fairness by giving the opposing party notice of who will testify, allowing time to prepare cross-examination or rebuttal.

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Where to Find?

• Please find the format here.

[Hope Kant]

A Motion for Involuntary Dismissal is a request for the judge to dismiss the case regardless of what the initiating party wishes to continue or not. This can be used in situations where one party is failing to comply with a court order, causing an unreasonable delay, failing to make contact with the court, or other similar circumstances.

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Where to Find?

• please find that format here.

[Hope Kant]

The Motion for Summary Judgment is a motion that will end a case at on the public (online) docket rather than at a trial. This motion may be submitted by either party, but must require that there is no dispute about the facts of the case, and only a determination about how the situation applies to the law will be made. If there is a dispute about what happened during the incident in question, then the case must move towards a trial so that the judge can make a fully informed decision based on the presented evidence, rather than a 'summary' decision based on the evidence that has been presented thus far.

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Where to Find?

• Please find the format here.

[Hope Kant]

Evidence motions act the same way as most other motions in that they are still an official written request for a judge to issue an order, ruling, or direction on a specific case. When you post motions for discovery or motions to compel discovery you are asking a Judge or Justice to determine the validity of the evidence or request for evidence prior to trial. It is very important when both posting and requesting evidence that you are sticking to the relevant matters of the case at hand.

Be advised that it is not permissible to substantially edit motions after they have been submitted to the court. Motions submitted to the public docket are considered to be public record and it is highly improper to retroactively change the public record. Make sure you want to hit the submit button prior to pressing it!

A Motion for Discovery is a formal request for the judge to admit a piece of evidence so that it may be used and referenced during the upcoming trial. Please ensure the information presented in the motion is relevant to the case at hand so that the judge is fully equipped to make a determination on the admissibility of the evidence.

Both Defense and Prosecuting Attorneys can file a Motion for Discovery. A Motion for Discovery is included during your case-in-chief at trial, so it is very important to consider the order that you want to present the information to a Judge or Justice, as well as what information to provide.

***Prosecutors are required (due to the Constitution) to provide any evidence that may be beneficial to the defense/defendant in discovery or to the adverse party prior to trial.***

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Where to Find?

• Please find the Motion for Discovery format here.

Should your party not be in possession of certain information that you believe you are entitled to access by the opposing party, you may submit a Motion to Compel Discovery, indicating that you wish the judge to order that opposing counsel must present the evidence that you are seeking.

Generally, these motions are only submitted by the defense due to the fact that the defendant is afforded the right to remain silent and to not assist in their own prosecution. As such, there are very few things, if any at all, that the prosecution would be entitled to from the defense.

Most often, Motions to Compel Discovery will consist of requests for body camera footage, arrest reports, or law enforcement officer statements that were involved in the arrest of the defendant in order to better paint the picture of what allegedly occurred.

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Where to Find?

• Please find the Motion to Compel Discovery format here.

[Hope Kant]

A motion to suppress is a legal request made by a party in a court case, typically the defense in a criminal case, asking the court to exclude certain evidence from being presented at trial. The purpose of a motion to suppress is to challenge the admissibility of evidence. There are multiple reasons why evidence may be suppressed including the knowledge that it was obtained illegally or in violation of the defendant's constitutional rights, such as evidence obtained through an unlawful search or seizure, coerced confession, or violation of Miranda rights.

If the court grants the motion to suppress, it means that the evidence cannot be used against the defendant at trial. This could significantly weaken the prosecution's case and may even lead to the dismissal of charges if the remaining evidence is not sufficient to support a conviction. However, if the motion is denied, the evidence will be allowed at trial, and the case will proceed accordingly.

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Where to Find?

• Please find your Motion to Suppress format here.