Michigan Motion to Bar Use of Certain Aggravating Circumstances

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Multi-State
Control #:
US-00806
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Description

This Motion to Bar Use of Certain Aggravating Circumstances is a Motion filed by the Defendant bar use of aggravating circumstances because of its prejudice to the jury. This Motion is an exmple that can be used in any state.
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  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances
  • Preview Motion to Bar Use of Certain Aggravating Circumstances

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FAQ

Rule 3.6 sets forth a basic general prohibition against a lawyer's making statements that the lawyer knows or should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding.

Rule 3.6 sets forth a basic general prohibition against a lawyer's making statements that the lawyer knows or should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding.

Specifically, the Michigan rules also state that your lawyer isn't permitted to ?(1) reveal a confidence or secret of a client; (2) use a confidence or secret of a client to the disadvantage of the client; or (3) use a confidence or secret of a client for the advantage of the lawyer or of a third person, unless the ...

Rule 2.119 Motion Practice (A) Form of Motions. (1) [Unchanged.] (2) A motion or response to a motion that presents an issue of law must be accompanied by a brief citing the authority on which it is based, and must comply with the provisions of MCR 7.215(C) regarding citation of unpublished Court of Appeals opinions.

Rule: 4.4 Respect for Rights of Third Persons In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.

As required by MCR 9.120(A), attorneys who are convicted of a crime must report the conviction to both the Commission and the Board. The prosecutor and defense counsel are also obligated to report the conviction.

"In representing a client, a lawyer shall not communicate about the subject of the representation with a party whom the lawyer knows to be represented in the matter by another lawyer, unless the lawyer has the consent of the other lawyer or is authorized by law to do so."

This matter is governed principally by MRPC 3.7. That rule provides as follows: Rule 3.7 Lawyer as Witness. "(b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9."

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Michigan Motion to Bar Use of Certain Aggravating Circumstances