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12 gru 2023 · Sample Motions. These are the same Sample Motions that are listed and described in our Specific Situations section of this Guide. You will need to read all of this Guide, and do research to decide which one of these is best suited to your situation, and to determine how to tailor it to meet your specific fact pattern.
HOW TO SEARCH FOR DOCUMENTS ON THIS PAGE: Use the table letters below, or use your browser’s “Find” feature. For example, for Chrome®, you can use “Control-F” to pop up the “Find” box. Counsel should check all authorities cited in the motion samples for current validity.
The following represents a brief overview of the most common criminal defense motion used by defense attorney in California criminal cases. For more information, contact our criminal defense attorneys today for a free consultation. Motion for Judicial Diversion. Motion to Withdraw a Plea.
Thus, it is wise to prepare a motion in limine to exclude such evidence of collateral source payments in front of the jury as it would play to a jury’s biases and prejudices rather than to its sense of reason, and as such should be excluded pursuant to California Evidence Code section 352.
Motions for Nonsuit and for Judgment Motions for Directed Verdict/JNOV Motions for Mistrial Motions to Amend Pleadings to Conform to Proof 3 Motions for Nonsuit: General CCP Section 581c Often called a “Demurrer to the evidence” Purposes: Eliminate unmeritorious cases/remedy correctable defects
Use your Requests for Admission to establish the elements of your cause of action or affirmative defense, or to disprove the other party’s causes of action or affirmative defenses. To determine what facts you will need to prove in your case, consult:
This collection of sample briefs, arguments and research is available to members free of charge. It is organized under topic headings built around the chronology of a criminal case, similar to the organization in the CEB publication California Criminal Law Procedure and Practice.