Pretrial Motion

Question: which pretrial motion do you think is the most widely used in the United States?

Answer: A motion for a continuance, to buy more time and to delay the inevitable. A motion to quash or have evidence suppressed.

Question: So in a Sexual Assault case, to apply the "No Means No Law" to the defense attorney's pretrial motion? for the introduction of the woman's past sexual history, what must take place for the judge to agree...

Answer: There is a two-part test to this that is described in the link below. In short, the judge must find the evidence is both relevant and necessary in the case. To start, the judge must be satisfied enough with the defence argument that the evidence is worthy of his/her consideration. If the defence is successful, the judge will review the evidence, taking into account a number of considerations. The outcome of this review will ultimately determine whether the evidence can be used during the trial.

Question: In pretrial procedure, what motion would a plaintiff file if there is no response from the defendant?

Answer: Motion for default judgement.

Question: Business Law: What are the various types of pretrial motions? I need help with these five questions for my high school business law class. I couldn't find them in the book. 1. What are the various types of pretrial motions? 2. Why must the defendandt in a class recieve "service of process?" 3. What is the purpose of a "complaint"? 4. Wha is another name for "complaint?" 5. What is the difference between a deposition and Interrogatories?

Answer: 1. Motion for Summary Judgment; Motion to dismiss for failure to state a claim upon which relief can be granted; Motion to dismiss for lack of personal or subject matter jurisdiction; motion to dismiss for improper service; motion to dismiss for improper venue; motion to dismiss for insufficient process; motion to dismiss for failure to join a party under Rule 19. These can be found in Rule 12 or the Federal Rules of Civil Procedure. 2. The purpose of service of process is to inform the defendant that he is being sued so he knows to come to the court to defend himself. 3. The purpose of the complaint is to tell the defendant what he is being sued for. This helps the defendant prepare his defense. 4. Depending on who you ask, possibly an obligation. 5. A deposition is questioning that take places in person. Interrogatories are written questions to be answered by the other side. I hope this helps!

Question: Help classifying pretrial motions? Can someone please provide me with some examples of pretrial motions? Also, what would a motion to strike, motion for extension of time, objections motions and a motion for continuance be classified as? Are these discovery motions, pretrial motions, dispositive motions or some other type of motion? THANK YOU!

Answer: All of the motions that you have listed are pretrial motions. A pretrial motion is simply any motion that is filed prior to trial. There are different categories of pretrial motions. Generally they fall into discovery, dispositive, pleading motions and miscellaneous. A motion to strike may be any of the above depending upon what is being stricken. A motion for extension of time may be a discovery motion or miscellaneous depending upon what the extension is that is being requested. A motion for continuance could be a discovery motion or a miscellaneous motion.

Question: can pretrial motions be used by the defense to challenge the prosecutions evidence? is this TRUE or FALSE?

Answer: YES But this is usually done with discovery and bringing forth from both sides information to be used at trial so as "not to surprise." This was done in many Perry Mason cases.

Question: What are the four pretrial motions?

Answer: Your use of the word "the" (as in, "the four pretrial motions") implies that there are four standard pre-trial motions. I am not a lawyer, but from what I understand there are a wide variety of motions that can be filed pre-trial. Motion for Discovery is one of the most common. As part of the principle that defendants have the right to know the charges against them, our legal traditions have also held that defendants should know exactly what evidence supports the charges. Discovery is the defendant and the trial judge's way of compelling (forcing) the government to turn over everything it has uncovered in its investigation...especially evidence that could point to the defendant's innocence (exculpatory evidence). A Motion to Suppress/Exclude Evidence is also fairly common. Sometimes, in gathering evidence, the police/government either disregard or disobey rules put in place to protect people's rights and prevent them from just being "run over" by the law. Courts punish authorities who do this by rejecting the evidence gathered in such a way. Occasionally, you'll see a Motion to Dismiss: it's typically made by the defense when the government has legally failed to show enough evidence to even present their case, let alone push for a guilty verdict. There are a few other legal causes for making such a motion, also. Even rarer are Motions for a Change of Venue - this is done when either party believes that the people in the area where the crime occurred are so biased and/or under such strong media influence that finding a panel of impartial jurors would be impossible. Those are what I feel to be big ones. There are others, however. Hope this helps...good luck.

Question: How should this motion be handled? My father has a reaction to taking a new medication last night and couldnt phone in into his pretrial meeting this morning. The court told him his only option was to file a Motion for Show Cause. How should this be handled, he is pro se and was incredibly sick, lucky it wasnt worse. Just looking for suggestions.

Answer: This motion is a good example, all you need to do is show the court medical evidence and list it the way it was done in this motion.~ PLAINTIFF’S MOTION FOR RULE TO SHOW CAUSE FOR FAILURE TO COMPLY WITH COURT ORDERED DISCOVERY Plaintiffs, e360Insight, LLC and David Linhardt (collectively Plaintiffs), by and through their attorneys, Synergy Law Group, LLC, respectfully requests that this court issue a rule to show cause why Defendant The Spamhaus Project, aka The Spamhaus Project Ltd., (Defendant), should not be held in contempt for failure to comply with discovery requests pursuant to the Circuit Court of Cook County in an Order dated July 20, 2006. In support of this motion Plaintiffs state: 1. On July 20, 2006 the Honorable Phillip Bronstein, Judge of the Circuit Court of Cook County, issued a Temporary Restraining Order (TRO) against Defendant. (A true and correct copy of this Order is attached to this Motion as Exhibit A.) 2. As part of the July 20, 2006 TRO, Judge Bronstein Ordered that Plaintiff was given leave to serve expedited discovery against Defendant, specifically request for production of documents and interrogatories. (True and correct copies of the requests for documents and interrogatories are attached as Exhibit B.) 3. On July 21, 2006 Defendant filed an Answer in the Circuit Court and also removed the matter to this Court pursuant to 28 U.S.C. § 1441. 4. On July 24, 2006 Defendant removed the references to Plaintiffs e360Insight LLC and David Linhardt from its website. 5. Defendant’s responses to the discovery served by Plaintiffs were due on or before August 17, 2006. 6. On August 17, 2006 counsel for Defendant, Evan Brown, of Hinshaw & Culbertson, LLP, informed Plaintiffs’ counsel that: 1) He and his firm were withdrawing from representing Defendant because Defendant was releasing the Hinshaw & Culbertson firm and, to his knowledge, Defendant did not intend to obtain new counsel; 2) Defendant was seeking to withdraw its Answer to the Amended Complaint filed in the Circuit Court before Defendant removed this matter to this Court; and 3) Defendant would not be providing responses to the discovery propounded by Plaintiffs. 7. Also on August 17, 2006 Defendant placed e360 on its website in contravention of the Circuit Court’s TRO. (True and correct copies of the Spamhaus webpages containing references to e360 are attached as Exhibit C.) 8. Plaintiffs respectfully request that a Rule to Show Cause be issued against Defendant for its failure to provide responses to the expedited discovery allowed by the Circuit Court. Defendant is flagrantly disregarding the TRO. This fact, combined with the representations from Mr. Brown, that Defendant was releasing its counsel, withdrawing its answer, and was not providing answers to the discovery, and the placement of additional postings on Defendant’s website of references to e360 demonstrates Defendant’s flagrant disregard for the laws of the United States, Defendant’s total disregard for this Court’s authority and Defendant’s bad faith. 9. A motion to compel would be futile given the circumstances created by Defendant’s actions, and should not be a precursor to Plaintiff bringing this Motion. 10. Plaintiffs’ counsel has complied with the provisions of Local Rule 37.2 through a telephone call occurring on August 17, 2006 at approximately 10:30 am occurring between Bartley J. Loethen on behalf of Plaintiffs, and Evan Brown on behalf of Defendant. A good faith attempt was made by Plaintiff’s counsel to resolve the differences stated in this motion, but Defendant’s counsel stated they were instructed to take no further action, thus an accord could not be reached.~

Question: Is there a website that lists various motions for civil lawsuits that can be made pretrial or during a trial? Examples of such motions for criminal cases are: motions for continuance, discovery, change of venue, suppression, a bill of particulars, severance of charges or defendants, and dismissal. Are these motions the same for civil cases?

Answer: Civil cases are different and they're different for every province and state. Look up your province or states' "Rules for Civil Procedure". In Ontario, it's one of the e-laws on their website - I believe it should be listed with the laws in any jurisdiction. Follow it EXACTLY - Judges don't appreciate initiative in the forms.

Question: in Texas is a jury trial necessary for statutory rape or a pretrial? the girl was 15 and the guy was 25. this sex offender was indicted after one and a half years. talked to the DA'S office today and they said a pretrial will be in October and they would make the motions to see if a jury trial was required. According to Texas state law I thought a jury trial was mandatory for these charges and I don't know why they are having a pretrial. I would appreciate any information or help in this matter. Thank you.

Answer: It's up to the defendant as to whether or not there is a jury trial. The defendant can choose for the judge to hear the trial instead. There is always a pretrial to see what is needed to conduct the actual trial.

Question: ONCE A MOTION FOR DISMISSAL .....? ONCE THE MOTION FOR DISMISSAL IS REQUESTED BY THE DEFENCE AT A PRETRIAL AND ONCE IT'S GRANTED BY THE JUDGE DOES THE DEFENDENT GET RELEASED ON THAT COURT DATE OR DOES THE JUDGE GIVE ANOTHER COURT DATE?

Answer: Depends on whether it is dismissed with or without prejudice. If dismissed with prejudice, that means that the prosecution can't bring charges again. If without, the prosecution can bring charges, meaning that they don't have to release yet.

Question: EASY 10 POINTS!!! FIRST TO ANSWER RIGHT!!! please help!!? In a criminal trial, the ______ is always the plaintiff Which of the following crimes would most likely be prosecuted by a United States Attorney? Murder Jay Walking Federal Tax Evasion Speeding Which of the following crimes would most likely be prosecuted by a city prosecutor? Kidnapping Disturbing the Peace Conspiracy Larceny Which of the following crimes would most likely be prosecuted by a county district attorney? Treason Arson Racketeering Littering If the government discovers evidence that would tend to prove the innocence of the defendant, the government must turn that evidence over to the defendant True False If a defendant wishes to attempt to preclude the use of a certain piece of evidence in an upcoming trial, he or she files a pretrial motion to suppress True False If the government is dissatisfied with the outcome of a criminal trial, it may appeal the result to a higher court True false First person to get them ALL right and tell me how you know the answers gets the 10 points(this is h.w........and yes...Ima lazy)

Answer: In a criminal trial the Government is always the plaintiff. Federal tax evasion is most likely to be prosecuted by the US attorney. #3 is a close question, but kidnapping generally has federal overtones rather that local ones, so I'll go with Disturbing the peace. #4 is also close but I would go with Arson. Yes, it is true that the government must turn over any exculpatory evidence to the defendant. Yes the defendant may move to supresse. The government may not appeal due to the 5th Amendment's double jeopardy clause.

Question: Should Jury Trials Become Extinct? They have been replaced by settlements and plea deals, by mediations and arbitrations and by decisions from judges based only on lawyers' written submissions. Federal courts conducted about 3,600 trials in civil cases last year, down from 5,800 in 1962. That is not an enormous drop— until you consider that the number of cases has quintupled in the meantime. In percentage terms, only 1.3 percent of federal civil cases ended in trials last year, down from 11.5 percent in 1962. The trends in criminal cases and in the state courts are broadly similar, though not always quite as striking. But it is beyond dispute that even as the number of lawyers has grown twice as fast as the population and even as the number of lawsuits has exploded, actual trials have become quite rare. Instead of hearing testimony, ruling on objections and instructing jurors on the law, judges spend most of their time supervising the exchange of information, deciding pretrial motions.

Answer: As someone who spent years sitting in criminal jury trials, I can tell you they're not that rare. Trials cost an enormous amount of money. Someone who is accused of shoplifting a CD is probably not going to trial and will be offered a deal. Trust me, as a taxpayer, you should be thankful for this. Most trials are reserved for felonies, but many misdemeanor and gross misdemeanor cases go as well. No, I do not think juries should be removed from the legal process. There are cases that I would not have wanted only a judge to hear and some that I did.

Question: Homework HELP- Which is not a function of trial judges? Representing government OR ruling pretrial motions

Answer: Although they are part of the judicial branch of government, trial judges do not represent government. That is the jb of the DA, etc.

Question: which order do these occur in? ARRAIGNMENT ARREST BOOKING FINGERPRINTING AND PHOTOGRAPHING IMPRISONMENT INITIAL APPEARANCE PLEA BARGAINING PRETRIAL MOTIONS PRETRIAL RELEASE SENTENCING TRIAL VERDICT

Answer: arrest booking fingerprinting and photographing initial appearance arraignment pretrial motions pretrial release plea bargaining trial verdict sentencing imprisonment

Question: Are you sick and tired of how the US government overreacts to jokes and hoaxes? This woman, Sandra Fujimoto Collins, was mad at Oregon over a tax issue, so she sent a letter claiming it had anthrax on it. This is a 59 year old woman who was a former curator of the Detroit Institute of Arts, and the federal government got all over her! She was convicted and sentenced to two years probation. If I had read a letter like that, I would've laughed and thrown it away. Overreacting and calling in biological warfare and SWAT teams is just overkill and a waste of taxpayer money. I had the Secret Service give me the once-over about a stupid joke I made on an obscure forum. I got banned from the internet for a year and was given pretrial diversion. This stupid punk kid from somewhere in Detroit made a bomb threat to his school. They arrested him, and at his pretrial motions placed him in shackles head to toe. What a joke. He's facing 20 years. Honestly! Don't these people have better things to do, like find Osama maybe? These offenses are serious misdemeanors, at best, not felonies. People shouldn't be bound and shackled in court for this. Lots of people make stupid jokes on message boards, like that guy in Wisconsin, only to find federal agents taking them very seriously. It only takes someone with half-a-brain to figure out 90% of the horrible crap on the internet is not worth taking seriously.

Answer: When "Aqua Teen Hunger Force" was being promoted with Lite-Brites Boston went into a panic and it wasn't even a joke or a hoax. The overreaction resulted in a fine of $2 million. That's insane. Telling someone there is a bomb or anthrax is serious.

Question: You opinion Federal trial set for Shenandoah men charged with hate crime? Two Shenandoah-area men now know when and where their federal hate-crime trial will begin in connection with the fatal beating of an illegal Mexican immigrant. Derrick M. Donchak, 20, of Shenandoah, and Brandon J. Piekarsky, 18, of Shenandoah Heights, must appear at 9:30 a.m. Oct. 4 in Courtroom 3 of the Max Rosenn United States Courthouse, Wilkes-Barre, for the start of their trial, which could put each behind bars for life. U.S. District Judge A. Richard Caputo, who is presiding over the case, issued an order Thursday in which he scheduled the start of the trial and gave each defendant until May 15 to file pretrial motions and supporting briefs. Caputo ruled the interests of justice justified extending the time for filing such motions and briefs. The federal trial will represent the second time the men will have faced charges resulting from the beating of Luis Eduardo Ramirez Zavala. Donchak and Piekarsky are each charged with a hate crime in connection with the fatal beating of Ramirez, 25, of Shenandoah, on July 12, 2008, on a borough street. Donchak also faces charges of obstruction of justice in connection with the beating. Ramirez died two days after the beating in Geisinger Medical Center, Danville. A Schuylkill County jury convicted Donchak and Piekarsky on May 1, 2009, of simple assault and alcohol-related offenses, while acquitting both of more serious crimes, including third-degree murder in Piekarsky's case. Schuylkill County President Judge William E. Baldwin, who presided over that five-day trial, on June 17 sentenced Donchak to seven to 23 months in prison and Piekarsky to six months and seven days to 23 months behind bars. Each man has been paroled from Schuylkill County Prison and both are on home detention, which restricts them to their residences except for work, education, church, medical treatment, lawyer visits, court appearances and other approved activities. Three former Shenandoah police officers, Matthew R. Nestor, William Moyer and Jason Hayes, also face charges in connection with allegedly obstructing the investigation of Ramirez's beating. Nestor, Moyer and Hayes were police chief, lieutenant and officer, respectively. In an unrelated case, Nestor and former Shenandoah police captain Jamie Gennarini are charged with extorting money from illegal gambling operations in the borough. All four former police officers have resigned their positions with the borough. Like Donchak and Piekarsky, they are on home detention pending the starts of their trials; Caputo, who also is presiding over those cases, has not scheduled their trial dates http://republicanherald.com/news/federal-trial-set-for-shenandoah-men-charged-with-hate-crime-1.701138

Answer: If they are guilty they will get what is coming to them

Question: Predictions on Spector trial? Phil Spector was charged with murder after a woman was found dead in the foyer of his palatial mansion in Los Angeles. A blood stained rag was found nearby, an admission of guilt had allegedly been heard, and his coat--spattered with blood-- had been found upstairs in his bedroom. Spector's murder trial concluded last year in a mistrial, despite the widespread opinion that he was guilty. Recently, a retrial date was set for the 25th of September, and pretrial motions have been filed. New evidence has emerged. Given all of this, and the trends in law, regarding retrials, does anyone have any predictions as to how his retrial will end?

Answer: He's insane. Guilty by reason of insanity. He's a case for the heads, that 's for sure.......

Question: There is no probable cause , why wont they dismiss ? I have been charged with 2 felonies , filing a false police report and intimidation. The judge in pretrial said he saw no evidence of these charges and asked the prosecution to itemize them. When I came back to court they did not itemize so the judge dismissed . They immediately appealled and as far as itemizing alls they did is put down 2 dates. My lawyer instantly put in a motion to dismiss for lack of probable cause . It went in front of the original judge which dismissed it and we thought for sure he would dismiss , but he gave them 2 more weeks to clearly itemize the charges. I heard the judge say he doubted they would be able to do so , and told my lawyer he will dismiss it if they dont . My thoughts are they will probably try to skew the wording in the police report and itemize that to try to force it into court if the judge does not call them on it . This has been going on for 6 months if they had probable cause wouldnt they have itemized them by now ? Any thoughts ?

Answer: All courts in the country get federal money for cases from the government, so they keep cases ongoing to get this money, and as a result you have to wait for them to process your case.It sounds like you live in a small town, these small towns drag cases out to get the federal money.A big city wouldn't have charged you, and if they did and it was dismissed, a bigger city wouldn't appeal it because they have ''bigger fish to fry.'' Good Luck!

Question: Did Jacques Loussier successfully sue Eminem? Hi, in 2002, the French jazz musician Jacques Loussier sued Eminem for copyright infringement of his song "Pulsion" for $10 million. I can't find anything about whether he was successfuly or if they settled. All I can find online are two denied motions for pretrial discovery. Does anyone know what happened now 5 years later? Thanks!

Answer: probably not