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Commonly Asked Questions about Criminal Law Motions

Is a motion the same as a hearing? No, a motion is a formal request to the court, while a hearing is the proceeding where the court considers and decides on that request.
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.
Types of Legal Motions in California Law Commonly used motion types in the state of California include motions to compel discovery, motions to dismiss, motions for summary judgment, and motions in limine.
A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.
Primary tabs. Latin for of ones own - sua sponte is used to indicate that a court has taken notice of an issue on its own motion, without prompting or suggestion from either party. As a general rule, where grounds for dismissal exist, an action is subject to dismissal on a courts own motion.
A motion is a written request made to the court, asking the judge to issue an order. The motion must be supported by evidence.
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case.
Among the most common pre-trial motions include: Motion to Suppress: This motion attempts to restrict certain statements and evidence from being introduced as evidence at trial. Motion to Discover. Motion to Dismiss: An attempt to get the judge to dismiss a charge or case altogether.