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Motions Hearings in Oklahoma Criminal Courts

There are countless types of motions that can be filed in a criminal case either by the defense or the prosecution. Either side is able to file motions asking the judge to rule upon an issue. All that is needed to file a motion is a legal right based upon Oklahoma criminal statutes, the Oklahoma or United States Constitution and a factual basis for the request. Common motions filed in criminal cases include Motions In Limine (Asking the trial judge to exclude evidence or arguments), Motions to Suppress (Asking the trial judge to exclude evidence), Motions to Reduce or Increase Bond, Motions to Sontinue Hearings and Trials, Motions to Quash, Motions to Exclude Eyewitness Identifications, Motions to Dismiss based upon the Statute of Limitations, and many more.

If either side can find a legal basis to argue that the trial court should rule in a way that they believe will be benifical to their case and they have a factual basis for the request they can drfat a motion asking for relief.

After a party files a request asking th etrial court for a legal ruling, it is standard practice for the trial judge to direct the opposing party or parties to respond to the motion and the trial court will schedule a motions hearing. During the motions hearing the judge will hear any further arguments from the parties, ask any questions that the Court may have and either issue a ruling at the hearing or take the motion under advisement and rule at a later date.

Motion hearings can be scheduled in both felonies and misdemeanors and motions can even occur after a jury trial.

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