Louisiana Administrative Code
Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT
Part XV - Public Defender Board
Chapter 7 - Trial Court Performance Standards
Section XV-725 - Preparing, Filing, and Arguing Pretrial Motions
Universal Citation: LA Admin Code XV-725
Current through Register Vol. 50, No. 9, September 20, 2024
A. Motions should be filed in a timely manner, should comport with the formal requirements of the court rules and should succinctly inform the court of the authority relied upon. In filing a pretrial motion, counsel should be aware of the effect it might have upon the defendant's speedy trial rights.
B. When a hearing on a motion requires the taking of evidence, counsel's preparation for the evidentiary hearing should include:
1. investigation, discovery and research
relevant to the claim advanced;
2.
the subpoenaing of all helpful evidence and the subpoenaing and preparation of
all helpful witnesses;
3. full
understanding of the burdens of proof, evidentiary principles and trial court
procedures applying to the hearing, including the benefits and potential
consequences of having the client testify; and
4. familiarity with all applicable procedures
for obtaining evidentiary hearings prior to trial.
AUTHORITY NOTE: Promulgated in accordance with R.S. 15:142, 147 and 148.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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