Attorneys can file a motion to set aside if they believe there was an irregularity in the legal process. The court may invalidate the object of the motion, and lawyers for all sides can file them. Misidentification, evidence problems, jurisdiction issues, and new information can be grounds for a motion. The judge reviews the information and considers the law before deciding whether to grant the motion.
An attorney may file a motion to set aside if he or she believes that an aspect of the legal process was irregular. If the court grants the motion, it will invalidate the object of the motion, such as an attempt to introduce evidence, issue a subpoena, or indict a person for a felony. Lawyers for all sides of a case can file such motions and must be prepared to argue them in front of the judge, as the judge wants to hear clear justifications for the motion. Filing a motion without cause may be grounds for court penalties if the judge believes that an attorney is attempting to delay the trial.
A very good reason for a motion to nullify is a misidentification. A prosecutor might initiate a charge against a defendant, only to find that the identification was wrong because a witness was instructed or made an innocent mistake. The prosecutor could file a motion to have the charges quashed, asking the court to quash them and stay the proceedings. Similarly, if a subpoena or subpoena is related to a false identification, you can file a motion to override the court order.
In the case of evidence, a motion to set aside usually asks the judge to suppress the evidence because of a problem with it. If the chain of evidence has been broken, the court may suppress it on the grounds that it is objectionable. Likewise, if it’s classified or highly prejudicial, a motion to strike will keep it out of court. An attorney arguing in a civil suit relating to a patent issue, for example, might ask that evidence containing proprietary information be suppressed because it could endanger his client. Evidence tampering would also be grounds for this type of movement.
Attorneys may find that a court order or business is invalid because it is in the wrong jurisdiction. They can file motions to stop the proceedings and the court will determine whether the jurisdiction is appropriate. The emergence of new information may also trigger a motion to dismiss if the information suggests that a court order would be unfair or unreasonable given the new circumstances.
The judge will review the information presented by the attorneys and consider the law and case law when deciding whether to grant the motion. Each judge has a slightly different approach to the law, and attorneys must tailor their arguments to the judge for best results. If an attorney believes that a motion was wrongly granted or denied, this can become a major argument in an appeals case.
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