New Jersey Motion to Invoke the Rule Prior to Void Dire and To Enjoin the District Attorney From Advising Witnesses of Previous Testimony is a legal motion that pertains to the pre-trial phase of a court case. This motion aims to limit the potential bias of prospective jurors during jury selection (void dire) and restricts the District Attorney from disclosing any previous testimony given by witnesses to avoid prejudicing the trial proceedings. In New Jersey, there are various types of motions that can fall under this category, including: 1. Motion to Invoke Rule Prior to Void Dire: This motion requests the court to invoke a specific rule, often referred to as the "Rule of Sequestration" or "Rule of Exclusion," to prevent witnesses from discussing their testimonies with each other or the public during the trial. The purpose is to maintain fair and unbiased proceedings, ensuring that witnesses do not tailor their testimony to fit others' narratives. 2. Motion to Enjoin the District Attorney: This motion seeks an injunction from the court to prevent the District Attorney from informing witnesses about their prior testimony or any inconsistencies in their statements. The aim is to exclude any potential influence that the District Attorney's actions might have on witnesses' testimonies, ensuring their responses are genuine and untainted. 3. Motion to Limit Pre-trial Disclosure: This type of motion aims to limit the dissemination or disclosure of prior witness statements and testimonies during the pre-trial phase. It ensures that witnesses are not aware of what other witnesses have said, preventing any potential manipulation or fabrication of testimonies to align with their peers. 4. Motion to Exclude Witness Testimony: This motion can be filed if a party believes that a witness's testimony will be unduly influenced or tainted due to exposure to other witnesses' testimonies or through the actions of the District Attorney. By excluding such testimony, the court can maintain the fairness and credibility of the trial. It's important to note that the specific names and procedures of these motions may vary slightly based on jurisdiction and applicable rules of the court. Legal professionals in New Jersey should consult the relevant statutes and case law to prepare and argue these motions effectively.
New Jersey Motion to Invoke the Rule Prior to Voir Dire and To Enjoin the District Attorney From Advising Witnesses of Previous Testimony
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FAQ
Opening statements allow the prosecutor and the defense attorney to briefly tell their account of the events. These statements usually are short like an outline and do not involve witnesses or evidence.
The judge and the attorneys ask jurors questions to determine if the jurors are free of bias (prejudice) or whether there is any other reason why they cannot be fair and impartial; this process is called voir dire.
Peremptory - Each side in a case has a certain number of challenges that can be used without giving a reason. These are called "peremptory" challenges. Each side may ask the judge to excuse particular jurors. If a juror is excused, this does not imply something bad and does not mean the juror is not competent.
Before the trial starts, the lawyers choose a jury. The process for choosing a jury is called ?voir dire.? During this process the attorneys on both sides ask questions of the potential jurors to make sure the jurors will be fair and impartial.
The judge and the attorneys ask jurors questions to determine if the jurors are free of bias (prejudice) or whether there is any other reason why they cannot be fair and impartial; this process is called voir dire.
The judge and attorneys ask the potential jurors questions, general or related to the specific case before them, to determine their suitability to serve on the jury. This process is called voir dire, which typically results in some prospective jurors being excused, based on their answers, from serving in that trial.
Voir dire. "to speak the truth"; process by which the actual jury is selected through a series of questions given by the judge and lawyers; pretrial interview.
Challenges for cause are made after the conclusion of the attorneys' voir dire. Section 226, subdivision (d), states that, ?All challenges to an individual juror, except a peremptory challenge, shall be taken, first by the defendants, and then by the people or plaintiffs.?