Other motions

Other motions

Counsel must consider any other motion that may be necessary or helpful to the preparation of the defense. A motion to dismiss for failure to establish a prima facie case, made at the conclusion of the prosecution's case, may be in order. Any pretrial motions that were made and denied, such as a motion for change of venue,FN15 a motion to dismiss the charge,FN16 or a motion to suppress illegally-obtained evidenceFN17 should be renewed at appropriate times during the trial. Often the merits of these motions are not clear to the court until the trial is in progress. Therefore, counsel should take advantage of each opportunity, as it arises, to point out the immediate need for granting the motion.

In a case involving or allegedly involving confidential, proprietary or trade secret information, one or both sides will move for a protective order that ensures secrecy. If a third-party expert is hired, he or she will be required to sign a confidentiality agreement backed-up by the threat of being held in contempt in the even of a violation.FN18