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Motions Practice

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MOTIONS PRACTICE 1

  1. Ex parte Motion Seeking Court Order for Production of Child Protective Services Records

Discovery Matters 6

  1. Order to Produce and Protective Order for Forensic Interview
  2. State’s Discovery Motion Oklahoma
  3. State’s Motion for Discovery Minnesota
  4. State’s Motion for Order Sealing Discovery
  5. State’s Motion to Compel Test for Gonorrhea
  6. State’s Notice to Produce Insanity Alibi and Reports

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Expert Witnesses 7

  1. Exclude Testimony of Biomechanical Engineer Defense Expert
  2. Interrogatories for Defense Expert General
  3. Interrogatories for Defense Pathologist
  4. Motion Restricting Defense Questions about Statistical Probability Evidence
  5. Order Denying Defense Motion to Exclude Abusive Head Trauma and Shaken Baby Syndrome
  6. Rule 702 Response Brief on Abusive Head Trauma
  7. Sample Document

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Motions in Limine 15

  1. Brief in Support of State’s Motion to Exclude Defense Expert
  2. Child Hearsay Notice
  3. Motion for Special Procedures During Child Testimony
  4. Motion in Limine to Exclude Religious Defenses
  5. Motion in Limine to Limit Cross on Prior Accusations by Victim
  6. Motion to Allow Parents in Courtroom as Support Persons
  7. Motion to Exclude Testimony of Defense Expert on Issues of Memory and Suggestibility
  8. Motion to Limit Defense that Somebody Else Committed Crime without Specificity and Rape Shield Motion
  9. Motion to Preclude Evidence of Past Sexual Behavior of Victim
  10. Opposition to Admission of Victim’s Prior Sexual History under Rape Shield
  11. Response Brief to Defense Moving to Exclude Use of Term Victim
  12. Sample Document
  13. State’s Notice of Intent to Introduce Prior Consistent Statements
  14. State’s Notice of Intent to Use Learned Treatises
  15. Trial Brief-Assorted Issues

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Other Acts Evidence 10

  1. 404b Brief in Support of Admissibility of Other Acts Evidence
  2. 413 and 414 Brief in Support of Other Sexual Acts Evidence
  3. 414 Notice and Brief
  4. Memorandum of Law on Admissibility of Other Acts Evidence
  5. Memorandum of Law on Admissibility of Other Acts Evidence (Arizona)
  6. Memorandum of Law on Admissibility of Other Acts in Physical Abuse Cases
  7. Motion Seeking Introduction of Prior Injuries As Part of Escalating Pattern under 401 and 402
  8. Motion to Introduce Other Acts Evidence
  9. Response to Motion to Exclude Other Acts Evidence
  10. Sample Document

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Pre-Trial Motions & Responses 47

  1. Brief in Support of Admissibility of DNA Evidence
  2. Brief in Support of State’s Motion to Exclude Defense Expert
  3. Brief Opposing Taint Hearing
  4. Child Hearsay Notice
  5. Comprehensive Trial Brief – Various Issues
  6. Constitutionality of Statute Extending Statute of Limitations for DNA Cases
  7. DNA Chain of Custody Brief
  8. Memorandum in Opposition to Defendant’s Motion for Psychological Evaluation of Victim
  9. Memorandum in Support of Age Appropriate Questions
  10. Memorandum in Support of Age Appropriate Questions and Support Persons in Courtroom
  11. Memorandum in Support of Bindover
  12. Memorandum in Support of Compelled Blood Test for HIV
  13. Memorandum in Support of Motion to Allow Testimony via Video
  14. Memorandum in Support of Precluding Competency Inquiry and Foregoing Oath
  15. Motion for Age Appropriate Questions
  16. Motion for Special Procedures during Child Testimony
  17. Motion in Limine Regarding Prior Accusations by Victim
  18. Motion to Allow Child Witnesses to Testify via Videotape
  19. Motion to Allow Parents in Courtroom as Support Person
  20. Motion to Allow the Victim to be Examined in Front of Jury Box
  21. Motion to Amend Information
  22. Motion to Consolidate Multiple Cases for Trial
  23. Motion to Exclude Canine DNA
  24. Motion to Exclude Testimony of Defense Expert on Issues of Memory and Suggestibility
  25. Motion to Preclude Competency Inquiry and Administer Oath
  26. Motion to Preclude Evidence of Past Sexual Behavior of Victim
  27. Motion to Preclude Past Sexual Behavior of Victim Pursuant to Rape Shield
  28. Motion to Restrict Somebody Else Did It Defense without Proper Showing and Rape Shield Motion
  29. Objection to Defendant’s Motion for Psychological Evaluation of Victim
  30. Objection to Defendant’s Motion to Reconsider Psychological Evaluation of Victim
  31. Opposition Brief to Defendants Rape Shield Motion
  32. Opposition to Admission of Victim’s Prior Sexual History Pursuant to Rape Shield
  33. Opposition to Defense Motion to Exclude Testimony of Child Victim
  34. Opposition to Defense Motion to Quash Bindover
  35. Response Brief on Use of Term “Victim” at Trial
  36. Response to Defendants Motion to Elect
  37. Rule 702 Response Brief Abusive Head Trauma
  38. Sample Document
  39. State’s Motion to Compel Test for Gonorrhea
  40. State’s Notice of Intent to Introduce Prior Consistent Statements
  41. State’s Notice of Intent to Use Learned Treatises
  42. State’s Response to Defendant’s Motion to Dismiss Charges Based on Lack of Specificity
  43. State’s Response to Defendant’s Request for a Bill of Particulars
  44. State’s Response to Defense Motion to Dismiss John Doe DNA Warrant
  45. State’s Trial Brief Assorted Issues
  46. Support Brief in Opposition to Motion to Dismiss Charges Based on Lack of Specificity
  47. Trial Brief – Assorted Issues

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Pre-Trial Release 6

  1. Application to Strengthen Bond Conditions
  2. Memorandum in Support of Age Appropriate Questions
  3. Motion to Increase Bond
  4. Motion to Modify Bond Conditions
  5. Protective Order to Restrict Defendant’s Conduct
  6. Sample Document

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Special Courtroom Procedures 10

  1. Memorandum in Support of Age Appropriate Questions and to Allow Support Persons
  2. Memorandum in Support of Motion to Allow Testimony via Video
  3. Memorandum in Support to Preclude Competency Inquiry and Forego Oath
  4. Motion for Age Appropriate Questions
  5. Motion to Allow Child Witness to Testify via Video
  6. Motion to Allow Parents in Courtroom as Support Person
  7. Motion to Allow Parents in Courtroom as Support Persons
  8. Motion to Allow the Victim to be Examined in Front of Jury Box
  9. Motion to Restrict Media Coverage
  10. Sample Document

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