A motion request sample is a written formal document submitted to a court, typically by either the prosecution or the defense, requesting the court to take a certain action or make a particular ruling related to a legal proceeding. It is an important tool in the legal system that helps parties to present their arguments, seek clarification, or request changes or decisions from the court. Here is an example of a motion request sample: ---------------------------------------------------------------------------------------------------------------- IN THE CIRCUIT COURT OF [STATE] CRIMINAL DIVISION STATE OF [STATE] VS. JOHN DOE CASE NO: [CASE NUMBER] MOTION TO SUPPRESS EVIDENCE COMES NOW, the Defendant John Doe, through his attorney of record, and respectfully requests this Honorable Court to suppress the evidence obtained during the search conducted on [DATE] based on the following grounds: I. LEGAL BASIS The search warrant used by the law enforcement officers fails to satisfy the constitutional requirements specified under the Fourth Amendment of the United States Constitution, as well as Article [ARTICLE NUMBER], Section [SECTION NUMBER] of the [STATE] Constitution. The warrant lacks probable cause and was obtained without a substantial basis for the search. II. VIOLATION OF PROCEDURAL RULES a) The issuing magistrate failed to adequately ascertain the credibility of the informant, rendering the affidavit for the search warrant unreliable. b) The warrant does not sufficiently describe the place to be searched or the items sought, resulting in an over broad and general authorization for the search. III. ILLEGAL CONDUCT At the time of the search, the officers exceeded the scope of the warrant by seizing additional items not listed in the warrant or allowed by plain view exception, violating the Defendant's constitutional rights against unreasonable searches and seizures. IV. FRUIT OF THE POISONOUS TREE DOCTRINE All evidence obtained as a direct or indirect result of the illegal search should be suppressed as it falls within the ambit of the "fruit of the poisonous tree" doctrine. WHEREFORE, Defendant John Doe requests this Honorable Court to suppress the evidence seized during the search conducted on [DATE] and any subsequent evidence derived from it. Respectfully submitted, [ATTORNEY'S NAME] [ATTORNEY'S BAR NUMBER] [ATTORNEY'S ADDRESS] [ATTORNEY'S PHONE NUMBER] ---------------------------------------------------------------------------------------------------------------- Different types of motion request samples may include motions to dismiss, motions for summary judgment, motions for continuance, motions for discovery, motions for sanctions, and motions for reconsideration, among others. Each motion type has its own specific purpose and requirements, tailored to the circumstances of the case. It is essential to consult legal professionals or an attorney to ensure that the motion request sample meets all necessary standards and requirements. This description emphasizes the importance of motion requests in the legal system and provides a general example of a motion to suppress evidence.
Motion Request Sample With Example
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FAQ
A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.
The most common post-trial motions include: Motion to set aside the verdict. Motion for a new trial. Motion to dismiss.
We can define motion as the change of position of an object with respect to time. A book falling off a table, water flowing from the tap, rattling windows, etc., all exhibit motion. Even the air that we breathe exhibits motion!
Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.
How to write a letter of reconsideration of appeal Confirm the recipient's information. ... Consider why you want a reconsideration. ... Find out why they passed. ... Support your request. ... Add a conclusion.