Criminal Justice Matters

The Myth of the Simple Motion

BY J. Vincent Aprile II

Judges often advise litigators to file brief, simple motions and/or supporting memoranda, noting the excessive number of motions they have to read and implying that simply telling the court what you want is sufficient. Another judicial justification for requesting simple, brief motions is that judges know the law. But motion practice is advocacy that requires a litigator to make a compelling case for the relief requested. Too often litigators buy into judicial advice to file simple, brief motions at the expense of providing their clients with quality advocacy.

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