Requests or agreements to continue a trial date should be discussed with the client before they are made.
Motions and writs should include citation to applicable state and federal law in order to protect the record for collateral review in federal courts.
Motions should be filed in a timely manner in accordance with statute and local rule, should comport with the formal requirements of the court rules, and should succinctly inform the court of the authority relied upon. In filing a pretrial motion, counsel should be aware of the effect the filing might have upon the client's speedy trial rights.
If a hearing on a motion requires the taking of evidence, counsel's preparation for the evidentiary hearing should include:
Investigation, discovery, and research relevant to the claim advanced;
The subpoenaing of all helpful evidence and the subpoenaing and preparation of all
Full understanding of the burdens of proof, evidentiary principles, and trial court procedures applicable to the hearing, including the benefits and potential consequences and costs of having the client testify;
The assistance of an expert witness when appropriate and necessary;
5. Familiarity with all applicable procedures for obtaining evidentiary hearings prior to trial; and
Preparation and submission of a memorandum of law when appropriate.
In every case, counsel should examine whether it is appropriate to file a motion to suppress
evidence or statements.
In every case that proceeds to trial, counsel should file timely and appropriate motions in limine to prohibit improper prosecutorial practices and to shield the jury from potentially improper evidence. Counsel should remain aware that the granting of a motion in limine alone will not preserve error on appeal.
Counsel should obtain a clear ruling on any pretrial motion on the record or in writing.
A. Counsel has a continuing duty to raise any issue that was not raised before trial, because the facts supporting the motion were not reasonably available at that time. Further, counsel shall be prepared, when appropriate, to renew a pretrial motion if new supporting information is disclosed in later proceedings.