Using Motions to Pursue Goals of Representation Model
 "What Motions Do I file?"  or a better question, “What goals of my representation model can be pursued with a motion?”

  If this first question has been asked once, it's been asked a million times. To answer succinctly, the number and type of motions should be tailored to the goals of the representation model used. There are many motion books and even more motions that can be obtained from electronic sources.
  At best, these sources contain only useful skeletal portions of motions. These sources should not be used to develop a motion strategy. To simply reproduce a motion is a sure way to forego the many opportunities that motions offer. Simply copying and filing a motion often disrupts the goal of your representation model.
  The better question that deserves consideration is, “What goals of the representation model can be pursued with a motion?”  Before you prepare a motion, it is necessary to determine the underlying goals of the motion -- both immediate and long range. Of equal importance is how the motion will fit into the model of representation.
The Underlying Goals
   The underlying goals of the representation model should be the primary consideration in making decisions about the subjects and contents of the motions to be litigated. Before you rush to prepare motions, you must understand your client, problems in the case, your resources and the representation model you are using.
  It is important to decide not only the focus of the motions you file, but also which motions not to file and what subjects you choose to avoid. For an example, in serious homicide cases, a motion for a psychiatric evaluation is often filed in a routine, "knee-jerk" fashion for legal reasons. Typically, this motion gets the accused a trip to the state mental health facility and, in most states, a routine psychiatric report indistinguishable from the reports evaluating almost every person examined by the institution. Instead, you may choose to file an Ake type of motion or use other funds or resources for a private evaluation. You may choose to forego all psychiatric evaluations if these evaluations drive a wedge between you and a good relationship with your client.
  Another reason not to immediately file motions is that this rush usually results in a number of form motions being filed. Form motions tend to exhaust the subject matter of issues which a court must hear, all while failing to capture the desired focus necessary in the representation model.
  This Actions Motions 2K10 paper is divided into four parts. First, there are some definitions of terms and concepts that are universal to all aspects of Actions Motions 2K10. Next, a section about the purposes of motions; followed by the third section about the process of drafting motions; then, the last section analyzes effective use of motions.

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