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A Motion to Exclude Evidence, or Motion to Suppress, is a request made by a defendant for the court to exclude certain evidence from a trial. It is a pretrial motion, heard and decided by a judge. In a criminal trial in Alabama , the prosecution must prove the charge beyond a reasonable doubt.
At a defendant's initial appearance the judge shall: (1) Ascertain the defendant's true name and address and, if necessary, amend the formal charges to reflect the defendant's true name, instructing the defendant to notify the court promptly of any change of address; (2) Inform the defendant of the charges against him ...
Rule 59(a) provides that the grounds for a new trial are those sufficient for a new trial or rehearing under prior practice. In Alabama courts, in an action tried to a jury, a new trial can be granted for any of the reasons listed in Ala.
(a) NOTICE OF APPEARANCE. Before or at a first appearance in any court on behalf of a defendant, an attorney, whether privately retained or appointed by the court, shall file a notice of appearance or, in lieu thereof, the court shall note of record the attorney's appearance.
What is it? A Notice of Appearance is a document we file alerting the Clerk of Court and all the attorneys in your case that we are representing you as your attorneys. The notice is usually titled ?Notice of Appearance and Designation of Email Address.?
The purpose of Rule 4.4(a) is to insert the judicial process between the police and the defendant at the earliest practicable time in order to minimize the effects of carelessness, abuse of power, or unavoidable error in the police Page 2 function.
A Motion to Dismiss is a request for the court to throw out a charge or charges against a defendant. It is a pretrial motion, heard by a judge. There is no jury involved. When a defendant files a Motion to Dismiss, they argue there is a problem with the legal basis of the charge and it should not proceed to trial.