Section 6.14 When to File Motions

• Library: Criminal Practice 2012 Supp

A. (§6.14) When to File Motions

Motions may be filed in preliminary hearings, and in some cases they should be filed in the same manner as for circuit court cases. See § 542.296, RSMo 2000. To be safe, motions should be filed in writing, and in some cases they must be filed in writing. Section 542.296.2. In some jurisdictions, oral motions to suppress are allowed, and counsel should make an announcement before the commencement of the evidence that the hearing is subject to oral motions to suppress. If the motions are filed and denied in the preliminary hearing, counsel is not barred from filing those motions again in the circuit court and having those motions heard before the circuit court. If a motion to suppress is sustained at a preliminary hearing by the associate circuit judge, the circuit court is not bound by that ruling regarding the admissibility of the evidence that is the subject of the motion. Harroald v. State, 438 S.W.2d 202 (Mo. 1969); State v. Crouch...