12/13/2018 Pre-Trial Motions | USAO | Department of Justice

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U.S. Attorneys » Justice 101

Pre-Trial Motions
One of the last steps a prosecutor takes before trial is to respond to or file motions. A motion is an application
to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a
certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or
testimony.

Only judges decide the outcome of motions.

Common pre-trial motions include:

Motion to Dismiss – an attempt to get the judge to dismiss a charge or the case. This may be done if
there is not enough evidence, if the alleged facts do not amount to a crime.
Motion to Suppress – an attempt to keep certain statements or evidence from being introduced as
evidence. For example, if police conducted a search without probable cause (in violation of the Fourth
Amendment), it may be possible to suppress the evidence found as a result of that search.
Motion for Change of Venue – may be made for various reasons including pre-trial publicity. If the local
news has covered the case a great deal, it may be necessary to move the trial to another venue to
protect the defendant’s right to an impartial jury.

< Step 6: Preliminary Hearing | Step 8: Trial >

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12/13/2018 Pre-Trial Motions | USAO | Department of Justice

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