What do you call the legal term for a motion done when the defendant dies? thanks.?

Answer 1

Motion to Dismiss.
This happened to one of my husbands co-defendants, he committed suicide in jail while he was there for super-excessive bail.
His charges were formally dropped in court.

Answer 2

Sounds like a motion to dismiss.

In a criminal case, once a defendant dies, the case is largely moot. And absent a defendant, the confontation clause requirements cannot be met. So, unless the defendant dies after all parties have rested their case, but before conviction or sentencing, the trial cannot continue. And after the defendant dies, there's little point.

In a civil case, the defendant's estate would still be liable for any potential judgment, so the rules work differently.