Who's call is it to make a motion despository?

[law neophyte]

What is the name of your state (only U.S. law)?

 

[CavemanLawyer]

Do you mean dispositive? to truly make a motion dispositive it is absolutely the Defendant's call. A dispositive motion would be where there is a hearing on the motion and if the defense wins the case is dismissed and if the defense loses they agree to a certain plea. Its basically just a part of the plea process and the Defendant always has the final call on what to agree to.