Also known as: pre-trial motion practice · pretrial motions practice · pretrial motions · motion practice · pretrial procedure
Written by attorneys · grounded in primary & secondary sources — see below
A set of procedures allowing parties in a criminal case to raise defenses or objections that a court can decide without a trial on the merits. These procedures include challenges to the sufficiency of charging documents and requirements for timely notice of certain affirmative defenses.
Defense counsel for Pulse Media served opposing counsel with a demand for every email sent by any employee over a five-year period even though the indictment concerned only one transaction. The court granted the prosecution's motion for a protective order after finding no reasonable basis for the breadth of the request.
After arresting Priya Prasad without a warrant, officers held her for forty-eight hours before presenting her to a magistrate. Her counsel filed a motion arguing that the delay violated the requirement of a prompt judicial determination of probable cause.
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Pedro Pacheco was arrested on an information and held without a judicial probable cause determination. Counsel moved to dismiss the charges or release him, asserting that the Fourth Amendment requires a prompt neutral determination of probable cause after a warrantless arrest.
After finding Patricia Patel incompetent to stand trial, the court committed her to a state facility. Her counsel filed a pretrial motion seeking release or a time limit on the commitment, arguing that continued detention without progress toward competency violated due process.
At the sentencing hearing for Pearl Porter, the judge asked whether she wished to speak before imposing sentence. Counsel had raised the issue in a pretrial motion to ensure the right to allocution was preserved and not waived by silence.
Piper Patel informed the court at arraignment that she wished to represent herself. The judge conducted a pretrial hearing to determine whether the waiver of counsel was knowing and voluntary before granting the motion to proceed pro se.
A defendant must file written notice of an intent to rely on an insanity defense within the time set for pretrial motions. Failure to provide timely notice bars the defense unless the court finds good cause for the delay.
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Pleadings consist only of the indictment or information and the defendant's plea of guilty, not guilty, or nolo contendere. Motions, briefs, and court orders are not pleadings even when they address the sufficiency of the charging document.
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The court must enter a plea of not guilty on the corporation's behalf and proceed with the case. The court may not force a guilty plea or dismiss the charges solely because the defendant refuses to appear or plead.
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The court may set a deadline at arraignment or shortly afterward and may extend or reset that deadline at any time before trial. If the court sets no deadline, the default is the start of trial.
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…respondent for kidnaping and murder and appointed an experienced criminal lawyer to represent him. Counsel actively pursued pretrial motions and discovery. He cut his efforts short, however, and he experienced a sense of hopelessness about the case, when he learned that, against his specific advice, respondent had also confessed…