Also known as: pretrial motions · pre-trial motion · pre-trial motions
Written by attorneys · grounded in primary & secondary sources — see below
A procedural device by which a party raises defenses, objections, or requests that the court can determine without a trial on the merits. The device must be used at the time provided by rule or court order or the objection is forfeited. The court must decide the motion before trial unless good cause supports deferral.
Preston Pratt was indicted for assault. After discovery closed he filed a written notice asserting an insanity defense based on recent hospitalization records. The government moved to preclude the defense because the notice came after the deadline for pretrial motions. The court denied leave to file late and barred reliance on the defense at trial.
Chambers filed a pretrial motion asking the court to compel McDonald to appear and to allow Chambers to treat him as an adverse witness if the state declined to call him. The court granted the appearance order but reserved the adverse-witness ruling. At trial Chambers used the motion to introduce McDonald's prior confession after the state rested.
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Faretta filed a pretrial motion to represent himself after the court questioned his legal knowledge. The trial judge denied the motion and appointed counsel. Faretta proceeded to trial under counsel and later challenged the denial on appeal.
Dennis filed a pretrial motion to quash the indictment on First Amendment grounds before trial began. The district court denied the motion. The case proceeded to a jury verdict that Dennis later appealed.
Williams filed a pretrial motion to suppress his oral confession on the ground that PTSD rendered it involuntary. The trial court denied the motion after a hearing. The confession was admitted at trial and Williams was convicted.
Jackson filed a pretrial motion challenging the voluntariness of his confession. The trial court denied the motion without a hearing and admitted the statement. On appeal the denial was reversed for failure to hold the required hearing.
A defendant must notify the government in writing within the time provided for filing a pretrial motion or at a later time set by the court. Failure to provide timely notice bars reliance on the defense unless the court finds good cause for a late filing.
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The defense is forfeited if the basis was reasonably available and the motion could have been decided without a trial on the merits. Certain objections such as improper venue and insufficient service must be raised in the first Rule 12 motion or the initial responsive pleading or they are waived.
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A court must decide every pretrial motion before trial unless it finds good cause to defer. Deferral is forbidden if it would adversely affect a party's right to appeal. When factual issues are involved the court must state its essential findings on the record.
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With court and government consent a defendant may enter a conditional plea that reserves the right to appellate review of an adverse ruling on a specified pretrial motion. If the defendant prevails on appeal the plea may be withdrawn.
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…of law.[^maj-3] It is necessary, therefore, to examine carefully the rulings made during the trial. II Chambers filed a pretrial motion requesting the court to order McDonald to appear. Chambers also sought a ruling at that time that, if the State itself chose not to call McDonald, he be allowed to call him as an adverse…