Circuit Court Case Cycle - Pre-trial Proceedings

Before the trial of a felony case, both the Assistant Prosecutor and the defendant can make motions.

Motions are requests made in writing by the parties asking the Court to order various things. Although the Prosecutor sometimes files motions, most motions are filed by defendants and are usually requests to dismiss (quash) or alter charges or to suppress (exclude) various kinds of evidence.

Sometimes the Court must hear testimony before deciding a motion. If testimony is needed, it comes in the form of an evidentiary hearing.

Witnesses are subpoenaed for the hearing then sworn in and questioned by all parties, and sometimes the Judge. Typically, hearings are held to decide if police properly seized evidence or obtained confessions (although there are other types of hearings as well depending on the case). These hearings are open to the public.

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