The Law Office of B. Elaine Jones | B. Elaine Jones
The difference between a mandatory pretrial motion and a discretionary motion is that a mandatory pretrial motion must be made at pretrial or you lose the opportunity to make it later. For example, a motion to suppress evidence. A discretionary motion is a motion that can be heard at almost any stage of the trial within the judge's discretion. An example of this would be a motion for a mistrial. I hope this has helped you out a bit. I wouldn't worry too much about the distinctions and let you lawyer know which motions to file and when to file them. If you do not have an attorney, and you are in the Tampa Bay area, please contact our office for further consultation and possible representation.
Answer Applies to: Florida