glossary

pre-trial motion

Motions are used by the Crown and defence lawyer to request that the court do something. These are applications that occur before the trial.  They usually require written materials and attendance at court to argue the motion.

Pre-trial motions are argued once it has been decided that a case is going to trial. Some common pre-trial motions request the court to:

  • allow or exclude specific items of evidence
  • allow or prevent witnesses from testifying
  • change the location of the trial (change of venue)
  • stay the charge
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