Motion practice

• Author: Deja Vishny
• Pages: 99-124

MOTION PRACTICE

2-1

CHAPTER 2

MOTION PRACTICE

I. BEFORE THE HEARING

A. Develop a Legal Theory

§2:01 Decide What Issues to Raise

§2:02 Share Ideas with Colleagues

§2:03 Do Your Research

§2:04 Cope with Adverse Law

B. Draft Motions

§2:05 Begin with a Notice of Motion

§2:06 Specify Evidence You Want Suppressed

§2:07 Specify the Facts

§2:08 Conf‌irm Standing

§2:09 Argue the Law as Applied to your Case Facts

§2:10 Cite the Constitution

§2:11 Request Evidentiary Hearing

§2:12 Conclude Motion

§2:13 Draft Supporting Brief

§2:14 Preserve Issues for Appeal

C. Prepare for Motion Hearing

§2:15 Learn About Police Procedures and Practices

§2:16 Talk to the Off‌icers Involved

D. Cross-Examine at the Preliminary Hearing

§2:17 Marshall the Facts from the Case Law

§2:18 Marshall the Facts: Sample Argument

[§§2:19-2:24 Reserved]

II. MOTION HEARINGS

A. Tools and Tips

§2:25 Understand Mindset of Police Witness

§2:26 Cross-Examine Only to Support your Theory

§2:27 Use Chapter Method of Cross-Examination

§2:28 Ask Leading Questions

§2:29 Ask Short, Single-Fact Questions

§2:30 Ask Precise Questions

§2:31 Don’t be Greedy

§2:32 Make Off‌icer Answer Question You Ask

[§§2:33-2:34 Reserved]

MOTION PRACTICE

Suppressing Criminal Evidence 2-2

B. Impeaching Police Witnesses

1. Lock in Police Witnesses by Asking General Questions before Case-Specif‌ic Questions

§2:35 Get Agreement on General Principles, then Specif‌ic Application of General Principles

§2:36 Sample Cross-Examination: Coercive Interrogation

2. Impeachment with Prior Inconsistent Statement in Police Report

§2:37 Recommit, Accredit, Confront (RAC)

§2:38 Sample Cross-Examination

3. Impeachment with Prior Inconsistent Testimony

§2:39 Same RAC Methodology Applies

§2:40 Sample Accreditation

4. Impeachment by Omission

§2:41 Facts Omitted from Report

§2:42 Cope with Police Explanations for Omissions in Reports

5. Other Areas of Impeachment

§2:43 Multiple Police Witnesses: Cross-Examining on Partner Relationships

§2:44 Off‌icer Safety

§2:45 Off‌icer Training

[§§2:46-2:49 Reserved]

C. Calling Witnesses at Motion Hearings

1. Before the Hearing: Preparation is Key

§2:50 Interview Your Witnesses

§2:51 Prepare Your Client and Witnesses

§2:52 Give Clients and Witnesses Tips on Testifying

§2:53 Use Storytelling Method to Design Powerful Testimony

2. At the Hearing: Techniques for Effective Direct Examination

§2:54 Ask Open-Ended Questions

§2:55 Looping

§2:56 Use Demonstrative Evidence When Available

III. FORMS

Form 2-1 Tips for Testifying