Motion To Suppress Statement Without Prejudice

State:
Multi-State
Control #:
US-MOT-01421
Format:
Word; 
Rich Text
Instant download

Description

The Motion to Suppress Statement Without Prejudice is a legal document that requests the court to exclude certain statements from evidence during legal proceedings. This motion emphasizes that the suppression is sought without prejudice, which means that the party retains the right to refile it at a later time. Key features of this form include sections for listing the specific statements to be suppressed, the grounds for suppression, and a request for a hearing. To fill out the form, the user must provide their name, the case number, and the details of the statements in question. Specific use cases for this form are relevant to attorneys, paralegals, and legal assistants engaged in criminal defense, where they might seek to protect their client's rights by challenging the admissibility of certain evidence. Legal professionals can also utilize this motion when they need to preserve their arguments for future proceedings, maintaining strategic options in ongoing litigation. The form is structured to facilitate clear and concise communication to the court, ensuring that all necessary information is presented for effective consideration.
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  • Preview Defendant's Motion for Protective Order and Response to Plaintiff's Motion to Compel
  • Preview Defendant's Motion for Protective Order and Response to Plaintiff's Motion to Compel

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FAQ

The defense files a motion to suppress evidence in superior court, and the judge sets the matter for a hearing.

Lawful suppression of evidence means the judge rejects the use of the evidence in the court because they think that the evidence may be inadmissible due to a violation of the Constitution or other statutes that permit the evidence to be excluded.

While in general, on a motion to suppress, the defendant has the burden of proving, by a preponderance of the evidence, that the material in question was seized in violation of his constitutional rights, there are several situations where the burden shifts to the government. United States v.

An example of a motion to suppress is where a defendant requests the court to suppress a confession by the defendant to the police that was obtained as a result of a Miranda violation.

A party may move to suppress the use of a piece of evidence, an expert or a deposition. This motion is normally made if the use of the person or object under question would be invalid or would cause prejudice that would outweigh its value in court or to the jury.

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Motion To Suppress Statement Without Prejudice