What are the procedures during a "motions hearing" before jury trial. Can a case be dismissed at that time?

Answer 1

A motions hearing held prior to a jury trial can hear any variety of motions. This includes a motion for summary judgment. A motion for summary judgment is often filed in a civil case. To prevail on a motion for summary judgment, the moving party must show: 1) That there are no controverted issues of material fact; 2) the only issues remaining are issues of law; 3) the law is on their side. What this means is that the trier of fact (jury) is unnecessary, because the only issue is one of law. A jury doesn't determine issues of law, only of fact.

In criminal proceedings, motions hearings before a jury trial generally go to the admissibility of evidence, the conduct of the trial, jury makeup, press coverage, and other items which are relevant to the trial itsself. Its possible to file a Motion to Dismiss at this point, but its pointless to do so in 99% of the cases. If the case has gotten to the point of the motions hearing, it most likely will either settle with a plea or will be tried to the jury.

For more detailed information, please contact an attorney licensed in your state. If you need an attorney and don't know one, contact your local or state bar association.

Answer 2

The purpose of a motions hearing before a jury trial is to resolve any legal issues before the jury comes in (so they can't be prejudiced by what they might hear). For example, let's say you're the defendant in a murder case and your attorney believes your home was illegally searched. Your attorney files a written motion before the trial date, and on the date the trial begins he/she gets to argue that motion in front of the judge, who will listen to both sides, review the relevant case law, consider both arguments, and render a decision. And yes, a case can be dismissed during a motions hearing. The way that usually works is the defendant's lawyer makes several motions to exclude evidence, witness testimony, etc., and he/she wins most or all of them. At that point the attorney would move to dismiss based on the fact that the remaining evidence isn't sufficient to sustain the charges. If the judge agrees, the case is dismissed.

Answer 3

That is the purpose of the pre trial hearing , the prosecutor will give his evidence to the judge , the Defense Atty will ask for a dismissal, if the judge doe's not dismiss the charges it will go before a grand jury to decide if the evidence is enough to convict,

Answer 4

A motion for summary judgement can be entered and ruled on at that time which would dismiss a case - but it rarely happens