For a general discussion of trial motions and related deadlines, refer to Chapter 13, Motions of the NC Defender Manual Vol. 1, Pretrial (2d ed. 2013). Contact Phil R. Dixon, Jr., Defender Educator at the School of Government, at 919.966.4248 or dixon@sog.unc.edu, with suggestions or additional motions for this bank.
Admissions
- Authorization to Make Admission Jun 2007Motion specifically authorizing defense counsel to enter admission of particular conduct into record
Adult Court Juvenile Cases
- Motion to Dismiss Juvenile Case in Adult Court Jun 2021Prosecuting 16-year-old in adult court when defendant would be in juvenile court after effect of Raise the Age violates defendant’s constitutional rights
- Order Granting Motion to Dismiss Juvenile Case Jun 2021
Appeals
Capacity to Proceed
- Ex Parte Motion and Order for Funds for Defense Psychological Expert Jun 2007Seeking neuropsychologist to determine whether defendant insane or brain damaged
- Order to Dismiss Charges and Commit Defendant to Central Regional Hospital Jun 2014
Confidential Informants
- Motion to Reveal Witness Identity Jun 2009
Continuances and Calendaring
- Motion to Continue Jun 2009
- Motion to Continue (Medical Reasons) Jun 2015
- Motion to Strike Trial Date Set Unilaterally Jun 2021Motion requesting court strike trial date set unilaterally by State in noncompliance with G.S. 7A-49.4
Discovery
- Brady Motion May 2008Motion to compel the production of exculpatory information
- Brady Motion 2 May 2021Motion to compel production of exculpatory information
- Brady Motion for SBI Analyst Personnel Records May 2013Motion for order directing State to acquire and disclose personnel and training records pertaining to an SBI analyst
- Crime Scene Access Motion and Order May 2008Motion for order permitting defendant to inspect, examine, and photograph a crime scene
- Discovery Inventories May 2021
- Ex Parte Motion and Order for Jail Records May 2013
- Ex Parte Motion and Order for Production of Records of Dorothea Dix Hospital May 2008Seeking records of defendant’s past treatment
- Ex Parte Motion and Order to Provide Defendant’s Medical, Mental Health, and School Records to Defense Counsel May 2012
- Getting Police Personnel Records: Motions and Orders May 2004
- Motion and Order for Non-Testimonial Identification Procedure Pursuant to G.S. 15A-281 May 2021
- Motion and Order for Non-Testimonial Voice Identification Procedure Pursuant to G.S. 15A-281 May 2021
- Motion and Order for Production of Prior Trial Transcript May 2021Motion for production of prior trial transcript in order to obtain prior statements of witnesses likely to testify at retrial
- Motion for Discovery of DNA Testing Information May 2021
- Motion for Discovery of Information Pertaining to Jury Selection Training May 2021Motion sets out a defendant’s entitlement to discovery of policies and training, past or present, written or informal, regarding the prosecution’s use of peremptory strikes
- Motion for Discovery of Laboratory/Scientific Evidence May 2013Sample discovery motion regarding DNA evidence; additional types of evidence are included in this expanded motion
- Motion for Non-Testimonial Identification Procedures May 2005
- Motion to Compel Discovery Of Officers’ Personnel Files and Police Department’s Motion to Quash Subpoena May 2015
- Motion to Compel Officers to Turn Over Information about Investigation to Prosecutors May 2015
- Motion to Disclose Evidence of Prior Bad Acts or Crimes May 2013
- Motion to Memorialize Discovery Provided by the Prosecutor Pursuant to an Open File Policy May 2021
- Motion to Obtain Mental Health Records May 2021
- Motion to Produce Impeachment Material and Prior Statements May 2021Includes among other things personnel records and information regarding a confidential informant
- Motion to Reveal Deals or Concessions May 2021
- Motions for Constitutional Discovery May 2004
- Notice of Reciprocal Discovery May 2021
- Records Custodian Affidavit May 2021Affidavit of records custodian responsive to subpoena pursuant to N.C. R. Civ. P. 45(c)(2)
- Request and Motion for Discovery (statutory and constitutional discovery) May 2007
- Request for Discovery May 2015Including requests for notice of expert witnesses, witness list, Brady material, and list of informants
- Sample Motion and Order for Independent Testing May 2013For independent testing or re-testing of toxicology evidence
- Sample Petition and Notice of Hearing to Release Law Enforcement Recording Under G.S. 132-1.4A May 2018By Keith Williams, from 2018 Felony Defender Training
- Sample Ritchie Motion for Protected Records May 2018By Keith Williams, from 2018 Felony Defender Training
District Court Motions
- Motion and Order to Dismiss Based on Bond Increase After Notice of Appeal for Trial de Novo Jun 2021
- Motion for Complete Recordation (of district court proceedings) Jun 2003
- Motions for Appropriate Relief (to correct unlawful judgments) Jun 2005
- Motions for Constitutional Discovery Jun 2004
- Thompson Motion (unreasonable delay in setting bond) Jun 2004
Domestic Violence Cases
Experts and Other Assistance
- Application and Order for Defense Expert Witness Funding (AOC-G-309) May 2021
- Defense Petition for Expert Hourly Rate Deviation (AOC-G-310) May 2021
- Ex Parte Motion and Order for Funds for Defense Psychological Expert Jun 2007Seeking neuropsychologist to determine whether defendant insane or brain damaged
- Ex Parte Motion for Funds for an Expert Witness Jun 2006
- Ex Parte Motion for Funds for Psychologist Jun 2013
- Ex Parte Motion for Funds to Hire Mitigation Investigator Jun 2013
- Getting Experts–Release Jun 2021Form client may sign to give attorney access to health information
- Motion to Exclude Testimony Regarding Field Sobriety Tests Jun 2014
- Nondisclosure Agreement Jun 2021
Habitual Offender Status
- MAR to Vacate Habitual Felon Conviction where Two Prior Felonies Committed Prior to Defendant Turning 18 Jun 2005
- Motion to Dismiss Habitual Felon Indictment and Preserve Issues Jun 2021Motion to dismiss indictment on substantive felony for failure to allege defendant is an habitual felon; motion preserves constitutional separation of powers, equal protection, and double jeopardy arguments for appeal
Impaired Driving Cases (DWI)
- Grounds for Suppression or Dismissal in DWI Cases Jun 2010
- MAR to Resentence on Habitual Impaired Driving Jun 2014
- Motion and Order to Dismiss DWI-Blood Draw by Force Jun 2012
- Motion to Exclude Testimony Regarding Field Sobriety Tests Jun 2014
- Motion to Suppress Intoxilyzer Results Where Notice of Statutory Rights Not Provided to Non-English Speaking Defendant in His Native Language Jun 2009
- Motion to Suppress Results of Chemical Analysis and to Dismiss Pursuant to Knoll, Hill, et al. Jun 2021
- Objection to Introduction of Results of Chemical Analysis and Chain of Custody Statement Jun 2010
- Stipulation to Prior DWI’s Jun 2021Motion specifically authorizing defense counsel to stipulate that defendant has prior DWI convictions sufficient to satisfy element of habitual impaired driving, and requesting that State not refer to prior convictions in case in chief
Joinder and Severance
Juries
- Motion for Complete Recordation (of all proceedings in superior court, with supporting grounds) Jun 2021
- Motion for Complete Recordation (of all proceedings in superior court) Jun 2021
- Motion for Court to Note the Race of Every Potential Juror Examined in This Case Jun 2021
- Motion for Individual Voir Dire on Sensitive Subjects Jun 2021
- Motion to Apply Objective Observer Standard Jun 2021Requests that objective observer standard adopted by Supreme Court of Washington be used in ruling on Batson objections
- Motion to Distribute Prospective Juror Questionnaire Jun 2021Helpful both in providing a record of the race of all venire members and in establishing bases for comparing passed and struck jurors
- Motion to Preserve All Notes, Questionnaires, and Other Documents from Jury Selection Jun 2021Motion is designed to ensure a complete record for appellate review of any overruled Batson objection
- Motion to Prohibit Peremptory Strikes Based on Race Jun 2021Motion compiles the strongest arguments to be made in arguing a Batson objection, with citations to supporting United States Supreme Court decisions
- Notice of Intent & Request for Judicial Notice Jun 2021Advises the trial judge of numerous statistical studies finding strong patterns of exclusion from jury service based on race
- Prospective Juror Questionnaire Jun 2021
- Washington State General Rule 37 Jun 2021
Motions In Limine
- Motion in Limine to Exclude 404(b) Evidence Jun 2005
- Motion in Limine to Exclude Evidence of Outstanding Warrant and Cocaine in Defendant’s Possession at Time of Arrest Jun 2008
- Motion in Limine to Exclude Evidence of Plea Offer Jun 2002
- Motion in Limine to Limit Testimony of Statements of Defendant Jun 2021
- Motion in Limine to Prohibit Reference to Defendant’s Silence Jun 2021
- Motion in Limine to Suppress Evidence of Drugs Found on Passenger Jun 2009
- Motion to Exclude Photographs Jun 2021
Pleadings
- Motion for Bill of Particulars Regarding Escape from Prison Jun 2004
- Motion for Bill of Particulars Regarding First Degree Murder Jun 2004
- Motion for Bill of Particulars Regarding Sex Offense and Indecent Liberties Jun 2004
- Motion for Bill of Particulars Regarding Stalking Jun 2011
- Motion for Bill of Particulars Regarding Vehicle Offenses Jun 2003
- Motion to Dismiss Defective Indictment Jun 2021Motion to dismiss indictment for failure to charge crime due to insufficient information to formulate defense and failure to allege an element
- Motion to Dismiss Indictment Charging Only Misdemeanors Jun 2021Motion to dismiss where indictment charges only misdemeanors in the original jurisdiction of the District Court
- Motion to Dismiss Warrant For Failure to Allege an Element of the Charged Crime Jun 2021
Pretrial and Post-Conviction Release
- Motion and Order to Dismiss Based on Bond Increase After Notice of Appeal for Trial de Novo Jun 2021
- Motion for Appeal Bond Jun 2010
- Motion for Bond Reduction (with Stipulation) Jun 2010
- Motion to Set Aside Failure to Appear and Forfeiture and Recall Order for Arrest Jun 2010
- Order Recalling Order for Arrest & Bond Forfeiture Jun 2021
- Petition for Writ of Habeas Corpus for Violation of Temporal Limits of Immigration Detainer Jun 2011
- Request for Bond Reduction Jun 2008
- Thompson Motion (unreasonable delay in setting bond) Jun 2004
Probable Cause Hearings
Probation
- Motion For Release of Unlawfully Detained Probationer Jun 2021Motion pursuant to G.S. 15A-1345(c) for release of probationer not afforded probable cause hearing within seven working days of arrest
- Motion to Dismiss Probation Violation Where Probation Period has Ended Jun 2021
- Petition for Writ of Habeas Corpus Jun 2015Seeking release of petitioner where trial court did not have authority to revoke probation and activate his suspended sentence because probation had already expired
Sentencing
Sex Offender Registration and Monitoring
Speedy Trial and Related Issues
- Demand to Proceed With Prosecution of Confined Inmate Jun 2002Motion pursuant to G.S. 15A-711 demanding prosecutor in another county proceed with prosecution
- Motion to Dismiss Based on Pre-Accusation Delay Jun 2005
- Motion to Dismiss for Speedy Trial Violation Jun 1999
Suppression Motions
- Motion and Order to Suppress Evidence from Car Stop Based on 4th Am. and Equal Protection Clause Jun 2013
- Motion to Suppress Evidence Seized Pursuant to Warrantless Search of Home Jun 2006
- Motion to Suppress Evidence Seized Pursuant to Warrantless Search of Vehicle Jun 2021
- Motion to Suppress Show-up Identification for Failure to Comply with Eyewitness Identification Reform Act Jun 2009
- Motion to Suppress Where Search Warrant Not Supported by Probable Cause Jun 2004