WHAT ARE PRETRIAL MOTIONS?

Both the Office of the District Attorney and Defense Attorney may file pretrial motions, which are requests to the Court. They usually are filed within 21 days of the arraignment. After motions are filed, they are scheduled for hearing. Trials cannot be held until the Court rules on all of the pretrial motions. Victims and witnesses usually are not required to attend pre-trial motions; however, some hearings require their testimony. In most cases the defendant will appear in Court for hearings on motions. Some motions are settled between the Office of the District Attorney and the Defense Attorney without a hearing.

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