Overview of the definition for motions generally:
- A motion is a request to the judge for particular relief.
- Based on specific grounds (rule or case law).
- Notice should be given to the judge and opposing counsel.
- Litigated at an Article 39(a) session, usually after arraignment, before a plea is entered. RCM 905(h). a. Other than with respect to privileges, the military judge is not bound by the rules of evidence at an Article 39(a) motions hearing. MRE 104(a), see also MRE 1101(b) (“The rules with respect to privileges in Section III and V apply at all stages of all actions, cases, and proceedings.”); RCM 909(e)(2) (applying the MRE 104(a) privileges rule to mental capacity hearings).