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No. A PRE-trial hearing implies that the case has not yet been presented to court for trial. Therefore there is nothing on which a "motion" may be made. You may "request" a postponement of the hearing (providing you can present good cause for the request) but there are laws granting "speedy trial," and it may not be granted.
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Why is it that in mention hearings proceedings can not continue if the defendant doesn't plead guilty?
This all depends on what type of motion hearing it is. Motion hearings are either pretrial motions or postconviction motions, the latter which does not occur if the defendant is not convicted of a crime. A defendant is never forced to plead guilty to any crime.
What is a pretrial motion attorney?
a pretrial motion attorney is a person who lives on Skull Island, and hunts down King Kong and eats buritto's
Which type of pretrial motion deals with postponing a case?
motion for stay
WHAT IS A PRetrial motions?
a pretrial motion attorney is a person who lives on Skull Island, and hunts down King Kong and eats buritto's
What is pretrial motions?
a pretrial motion attorney is a person who lives on Skull Island, and hunts down King Kong and eats buritto's
What motion do you use to change the defendant to be the plaintiff and plaintiff to be the defendant?
Counterclaim under FRCP 13.
What does a 730 motion to proceed mean?
A 730 motion to proceed is a legal term to determine the sanity of the defendant. The defendant would be evaluated by a psychiatrist to determine if they are fit for trial.
Why does the electric fan continue to rotate after it is switched off?
it is due to the inertia of motion .. a body tries to continue with the state it was in initially before an external force is applied on it either to take it in motion or to bring it at rest
What motion do you use to oppose to defendant reply?
to strike from the record
Who has to file for a motion of discovery?
lawyer or the defendant if he want copy of file
Can the defendant see the evidence that is produced by a Motion of Discovery?
The defendant might not personally get to "see it," (except at trial) but his legal counsel certainly may.
Can an acquittal happen before trial?
Typically, an acquittal occurs after a trial. However, in some cases, a defendant may file a motion for acquittal before the trial takes place. This motion is usually made by the defense and argues that the prosecution does not have sufficient evidence to proceed with the trial. If the court grants the motion, the case may be dismissed, resulting in an acquittal before trial.
