Motions
A motion is defined as a written application to the court (or a judge) requesting that they do something; such as make a decision, for a new trial, a motion to dismiss, etc. Normally, only the parties involved in the case file motions. The motion may or may not involve a hearing. Motions make be made at various times during legal proceedings; so pretrial, during a trial, or after. There are many different kinds of motions so some can only be done during certain times. A motion can be done via a written brief or orally. More simple matters can usually be done orally while more complex ones are usually lengthy and involve paperwork. Sometimes doing briefs is helpful because there are records on the motion and the judge has something solid to look at.
Although the components involved in a motion can be extensive, most (although not all) contain the same three basic elements. First, notice of the fact that there will be a motion must be given. Second, there must be a hearing for the motion. The hearing is done by the judge and without a jury. This is usually the time when the judge will ask any questions or concerns he may have about the motion. And third, there a judge will rule on the motion. A judge's ruling can come right away or possibly take weeks. At times an attorney may file motions as a strategic or urgent move, for a trivial issue, without their clients knowing that they have been done. Since attorneys have extensive experience with motions this is usually not an issue, but a client may certainly ask to be involved in all details of their case.
The Sixth Amendment gives a person the right to help from effective counsel. There are deadlines (as defined by Rule of Court) when referring to most motions, and pretrial deadlines may exist but they may not deny the defendant of the right to due process or the Sixth Amendment. Also, any Rule of Court must be published and submitted to the bar association as well as all judges for that particular court, and it must be open for the public to view. This must be done even when the change is minor and will only take place within one area or courtroom. Rules that are approved must not clash with any other state law or policies (no matter how informal) already in place.
Before the beginning of a hearing (or trial) is when a peremptory challenge for bias must be made. When the party who is doing the challenge knows who the judge will be there are 3 exceptions: 1.) If the name of the judge who will hear the issue in a minimum of 10 days is known by the defendant the motion must be filed within 5 days, 2.) If a case is assigned for trial, the challenge must be made right away in the master calendar, 3.) If it is decided that a particular judge will handle all issues regarding the case any further, a challenge must be made within 10 days.
In the case where the judge is known, a challenge may be made at any point but may be considered untimely if there is no hearing (or trial) pending. There is no guarantee of who a judge will be, although there are judges that will normally preside over certain court rooms, and at times judges may call in sick the day of a trial. A challenge of this nature is up to the discretion of your attorney, and having Barney B. Gibbs, Attorney at Law (in Orange County, California) is the first step in the right direction since he has worked in the same Orange County Courts for over 27 years.
If there are any discrepancies with the dates of a trial, a master calendar judge may decide to reschedule a hearing or a trial. In order for a case to be assigned to a judge for all purposes, it must immediately identify which judge will be assigned and that same judge must see the case through to the end. This is helpful because a judge who has been with the same case since the beginning has more knowledge and information about the case than someone who is just taking the case on. This may act to speed up a case that has the possibility of being quite lengthy.