Pre-Trial Motions
The most common pre-trial motions are:
- Motion to dismiss
- Motion to compel discovery
- Motion in limine
The motion to dismiss is just what it sounds like. It is a request to the Court to dismiss some or all of the charges. A motion to compel discovery is a motion to force the opposing party to provide information to the requesting party. A motion in limine is a motion requesting that certain evidence be excluded at trial.
A motion to dismiss some or all charges is filed with the Court when there has been a violation of the defendant’s due process, like:
- A warrantless search or
- A faulty arrest warrant that does not comply with the Tribal Code.
A sample motion is included in the end materials of this handbook.
A motion to compel discovery is filed with Court when the other side has failed to provide the documents or evidence identified in the Demand for Discovery and Inspection in a reasonable amount of time. A reasonable amount of time is thirty (30) days. The Court can order the people not sharing their evidence to share it if it is a reasonable request.
A motion in limine is filed when some of the prosecutor’s evidence is:
- Irrelevant
- More prejudicial than probative
- This means it hurts more than it helps
- Cannot be properly authenticated,
- This means showing something to be genuine or real
- Or is otherwise deficient
A sample motion in limine is included in the end materials of this handbook.
When a pre-trial motion is filed, the Court will schedule a hearing. This could delay the start of the trial.
