Using pretrial motions

[Bubbafish]

I have served the City attorney with several pretrial motions regarding a traffic case. I had a copy put into my case file as well.
Question is are these motions required to be ruled on prior to testimony at the trial? Does the judge have the option to rule on them later? I am in CaliforniaWhat is the name of your state (only U.S. law)?

 

[JIMinCA]

I believe if you have a legitimate pre-trial motion, it should be heard at the trial. However, you should send the motion to the Court... not just the prosecution. Also include a proof of service for the prosecution.

What kind of pre-trial motions are you speaking of??

 

[I_Got_Banned]

I have served the City attorney with several pretrial motions regarding a traffic case. I had a copy put into my case file as well.
Question is are these motions required to be ruled on prior to testimony at the trial? Does the judge have the option to rule on them later? I am in CaliforniaWhat is the name of your state (only U.S. law)?

Pre-trial motion:
"Pre"
Trial
Motion.

 

[Damon Graddy]

using pretrial motions

I believe if you have a legitimate pre-trial motion, it should be heard at the trial. However, you should send the motion to the Court... not just the prosecution. Also include a proof of service for the prosecution.

What kind of pre-trial motions are you speaking of??

Motions to dismiss (3) based on 3 different issues.
I did have a conformed copy put in my court file and took another conformed copy for my own file. I have a proof of service for the prosecution's copy, return reciept etc.

 

[I_Got_Banned]

Motions to dismiss (3) based on 3 different issues.
I did have a conformed copy put in my court file and took another conformed copy for my own file. I have a proof of service for the prosecution's copy, return reciept etc.

Personally, I would go in fully prepared to proceed with trial in case I get a hard-nosed judge or a pro-tem.

Some Pro-tems act like they're on commission when they're working trial court. If you catch my drift!

 

[Hey There]

Pretrial Hearings in CA.for traffic tickets typed in on Google will bring up websites that have information on this subject.

Pretrial Hearings such as Discovery must be prepared by the cited driver and copies mailed certified, return receipt, OR hand delivered by a FRIEND. If Discovery isn't provided a pretrial hearing to obtain Discovery needs to be scheduled well before trial for the driver to be able to prepare a proper defence for his trial.

It's somewhat difficult to point to information that may prove helpful to you when the issues you filed pre-trial hearings on (3) as well as what you were cited for is unknown.

There are lawyers who will give a one time consultation for no fee or for a modest fee($50.00 to $75.00) to advise on options available .
The Yellow pages of a phone book may have a few listings with lawyers who do so.

Best Regards,
Hey There

 

[JIMinCA]

Personally, I would go in fully prepared to proceed with trial in case I get a hard-nosed judge or a pro-tem.

Some Pro-tems act like they're on commission when they're working trial court. If you catch my drift!

AMEN to that, brother!!!

 

[Bubbafish]

pretrial motions

I am well aware of that and the difficult time I will have getting a decision on a major contract flaw. This is why I am interested in knowing more about pretrial motions which was my original question. So can any of you guys tell me if a pretrial motion must be heard at the start of trail before hearing testimony or is it in the judges descretion to do so??

 

[JIMinCA]

I believe the answer to your question is... you can have it heard before testimony, but the judge may not rule on it until after the trial.

 

[Hey There]

In answer to your current post of

Have you considered having private messages opened?
When a Red Light Camera is used the prosecution MUST present evidence how the device works,that it was working properly on the day the driver was cited, MUST show photo's of the car licence, the driver, and the registered owner. THEY MUST BE CLEAR.
If the prosecution doesn't show there is no foundation to testify that the photos are authentic then the case should be dismissed.
(Source: A book published by NOLO on contesting traffic tickets in CA. likely available in a local library which has more information on this.)
Have you considered Trial by Declaration?
Google Trial by Declaration
Red Light Camera Information
Google Red Light Cameras in CA.

Best Regards,
Hey There

 

[Bubbafish]

Using pre trial motions..

I have turned on the private message feature..didnt know it existed.

As for TBD my case is beyond that in fact I go to trial 9/4.

I recieved a opposition to motion to dismiss yesterday proof of service dated 9/28.
Seems to me this should have been send at least 9 court days before trial with a 5 day window to respond to this. (C.C.P. § 1005(b)) With the holiday and all it is really 3 days before trial and my ablility to respond within 5 days effectively quashed. Nice prosecutorial work there. Can I have their opposition motion suppressed or disallowed on this basis?

 

[seniorjudge]

...
I am well aware of that and the difficult time I will have getting a decision on a major contract flaw.
...

What does this have to do with speeding?

 

[Bubbafish]

Absolutely nothing that I can think of. My case involves a Red light camera ticket not speeding. In particular CVC21455.5 and its requirements for that enforcement system and its information to be legally used. In that respect it has everything to do with a 21453A violation. Did you get a speeding ticket?