If the local news has covered the case a great deal, it may be necessary to move the trial to another venue to protect the defendant’s right to an impartial jury. While litigating parties may waive personal jurisdiction, they cannot waive subject-matter jurisdiction. If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action. Motion for Change of Venue – may be made for various reasons including pre-trial publicity. Subject-matter jurisdiction is the requirement that a given court have power to hear the specific kind of claim that is brought to that court. 651, 653 (1977), over Justice Rehnquist’s objections in dissent that the case should. permitted an Equal Protection challenge to a local district to proceed nine years after its creation, 429 U.S. For example, if police conducted a search without probable cause (in violation of the Fourth Amendment), it may be possible to suppress the evidence found as a result of that search. Pine Creek Conservancy District, the Supreme Court. Motion to Suppress – an attempt to keep certain statements or evidence from being introduced as evidence.This may be done if there is not enough evidence, if the alleged facts do not amount to a crime. Motion to Dismiss – an attempt to get the judge to dismiss a charge or the case.Only judges decide the outcome of motions. The vast majority of motions to dismiss fall under the Federal Rules of Civil Procedure, the rules governing the federal court system, and each state’s own version of the same rules. A motion under Rule 12(b) (like the traditional demurrer) is due before serving a responsive pleading. The motion can affect the trial, courtroom, defendants, evidence, or testimony. In these cases, a defendant may avoid answering immediately by filing a motion to dismiss under Federal Rule of Civil Procedure 12(b) (see Rule 12(b) for a list of the defenses that may be raised in a 12(b) motion to dismiss). A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. One of the last steps a prosecutor takes before trial is to respond to or file motions.
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