What is the difference between a mandatory pretrial and a discretionary motion? 3 Answers as of March 21, 2011

What is the difference between a mandatory pretrial and a discretionary motion? Why must some motions be made prior to trial while others may be offered during the actual trial?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
All motions are made before trial and are called an "Omnibus Motion," but there are certain "motions in limine that are addressed just prior to trial to handle certain evidentiary rulings that will tell he parties what evidence will be allowed, which questions can be asked of a witness, and what issues can be brought out. There are many issues that can be addressed in a motion in limine, and each party will ask the judge for a ruling. The pre-trial motions are for Discovery...information requested, and for hearings on statements, identification, suppression of evidence, and other issues.
Answer Applies to: New York
Replied: 3/21/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
The defense does not have to make any motions if chooses not too. However if defense counsel chooses to make any motions the CPL ( Criminal Procedure Law ) mandates the timing of when they must be made. Example motions for discovery and for hearings regarding issues of suppression of evidence, identification and other pre-trial issues must be made and decided before trial. There are other motions that can only be made during or after trial because that is when the issues come up.
Answer Applies to: New York
Replied: 3/21/2011
Raiser & Kenniff, PC
Raiser & Kenniff, PC | Steve Raiser
No motions are mandatory but some deal with issues that are routinely dealt with before trial because they usually involve evidence that can be suppressed or speedy trial issues. The court deals with these issues first since if evidence is suppressed the jury should not know of it at trial. There are other motions that can only be made at the time of trial or even during trial.
Answer Applies to: New York
Replied: 3/17/2011
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