Pretrial Motions Flashcards
What motions are available to a defendant on his way to trial?
1
Q
What are the requirements of a motion in Florida?
A
- Must be in writing,
- Must be served on the opposing party,
- Must be electronically filed
2
Q
What are the 4 major pretrial motions?
A
- Motion to dismiss,
- Motion to suppress,
- Motion to take deposition to perpetuate testimony, and
- Demand for a speedy trial
3
Q
A motion to take a deposition to perpetuate testimony must be filed at least _______ days before trial.
A
10
4
Q
To be timely, when must a motion to dismiss be filed?
A
At or before defendant’s arraignment
5
Q
Motion to change venue must be filed at least _____________ days before trial unless good cause is shown for failure to file earlier.
A
10
6
Q
Motions must be in writing and accompanied by:
A
- The affidavits of the movant (usually the D) and two or more persons setting forth the facts on which the motion is based, and
- A certificate by the movant’s counsel that the motion is made in good faith.
7
Q
What happens to a case when one of multiple defendants request a change of venue but it is not suitable for all of them?
A
The case is severed
