"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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