Trial Motions

Here are some common motions that can be filed during a criminal trial.

• Motion for Change of Venue: This motion requests the court to move the trial to a different location due to concerns about the ability to receive a fair trial in the current jurisdiction.

  
  

• Motion for Severance: If multiple defendants are charged in the same case, this motion asks the court to have separate trials for each defendant.

  
  

• Motion for Sequestration of Witnesses: This motion asks the court to sequester witnesses, keeping them separate from each other during the trial to prevent them from being influenced by each other's testimony.

  
  

• Motion to Strike: This motion is made to ask the court to strike certain testimony or evidence from the record. It's usually filed when evidence is introduced that was not previously disclosed or is inadmissible.

  
  

• Motion for Mistrial: This motion requests the court to declare a mistrial due to a significant error or misconduct during the trial that could prejudice the jury against the defendant.

  
  

• Motion for Directed Verdict (or Judgment of Acquittal): This motion, often made by the defense, asks the court to direct a verdict of not guilty because the prosecution has failed to present sufficient evidence to support a conviction.

  
  

• Motion for Judgment Notwithstanding the Verdict (JNOV):  This motion is made after a jury has reached a verdict.  It is typically filed by the losing party (usually the defendant in a criminal case) and asks the judge to override the jury’s verdict and enter a different judgment.

  
  

These motions are important tools used by both sides to shape the trial and ensure that it is conducted fairly and in accordance with the law.

If you or someone you know has questions about trial motions, contact Howeller Law P.L.L.C. today. Consultations are always free.