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Military Motions - A Handbook for Lawyers

NCJ Number
105509
Author(s)
H E Little; J B Thwing; C W Scott
Date Published
1986
Length
27 pages
Annotation
This handbook for military and civilian lawyers outlines the role of the military judge and court members and the proper procedures to follow in over 31 different kinds of motions applicable to trials before courts-martial.
Abstract
Five basic categories of motions are included: motions to dismiss; motions for appropriate relief; motions to suppress; motions in limine; and other motions requesting specific forms of declaratory relief, such as motion for mistrial or motion requesting specific findings. Grounds for each of the motions are delineated and the applicable source (e.g., Uniform Code of Military Justice, Rules of Courts-Martial, Military Rules of Evidence, Manual for Courts-Martial, case law) is cited. Emphasis is placed on the critical importance of timeliness in raising motions. Procedures following decisions also are described. A sample format for motions is appended.