Motions Overview

motions overviewThe second half of this chapter covers motions—both the art and science. First addressed is the science, with each rule discussed in detail. Following the rule-by-rule breakdown is a motions waiver checklist. At the end of this chapter is a section on the art of effective motions practice techniques, followed by a series of templates.

  • The following Rules for Courts-Martial and Military Rules of Evidence govern motions practice and form the content of this section of the chapter:
    1. R.C.M. 905. Motions generally.
    2. R.C.M. 906. Motions for appropriate relief.
    3. R.C.M. 907. Motions to dismiss.
    4. R.C.M. 915. Mistrial.
    5. R.C.M. 917. Motion for a finding of not guilty.
    6. R.C.M. 1102. Post-trial sessions.
    7. M.R.E. 304. Confessions and admissions.
    8. M.R.E. 311. Search and seizure.
    9. M.R.E. 321. Eyewitness identification.