Motions and Challenges to Evidence
Course
Court Systems
and Practices
Unit X
Pre-trial
Essential
Question
How can an
attorney bring to
the court’s
attention issues
that need to be
addressed when
they concern his
or her client
getting a fair
trial?
TEKS
§130.296(c)
(4)(B)
Prior Student
Learning
Search and
Seizure
Estimated Time
5 hours
Rationale
An attorney needs to be aware of the pre-trial tools they have, through
motions and objections, to protect their client from constitutional
violations and assure their client a fair trial.
Objectives
The student will be able to:
1. Identify the different types of motions and objections use at trial
2. Explain the reasoning behind each
3. Play the role of an attorney at trial who has reason to object to the
line of questioning
4. Critique other students’ reason for objecting to the line of questioning
Engage
Use the following scenario and question for a class discussion. The
Discussion Rubric may be used for assessment.
You are an intern working at a defense attorney law firm. You have been
given a case to work on that involves a client who needs good
representation. As you study his case you see that the evidence is
unfairly stacked against him. Some of the issues you have identified that
hurt your client are
 not all of the elements of the crime are proven
 some of the evidence gathered was taken from the client’s house
without a search warrant
 most of the potential jurors are biased
 another person charged with the same crime is going to try to blame
your client for the whole thing
What requests can you make to the judge in addressing these issues?
Key Points
I. Motions
A. Definition
1. A formal request made to a court for it to do something
2. Motions can be oral, which are the most common kind in
trials and hearings
3. Any evidence obtained in an unconstitutional manner may
not be used at trial
4. Motions serve to enforce this rule
B. Motion to Dismiss or Quash
1. This occurs when the defendant believes that the
indictment or information is fatally flawed
2. Examples would include
a. The court lacks jurisdiction
b. The facts alleged do not amount to a crime
1
Copyright © Texas Education Agency, 2011. All rights reserved.
C.
D.
E.
F.
G.
H.
c. An essential element is not charged
d. The defendant has a legal defense such as double
jeopardy
3. If the court agrees with the defendant, the prosecutors are
oftentimes allowed to amend the charge instead of
dismissing it
4. Dismissing the charge does not mean the defendant cannot
be recharged with it later
Motion to Suppress
1. The purpose of this hearing is to determine if the evidence
was obtained in an unconstitutional manner
2. If it is found that evidence was obtained in an
unconstitutional manner then the motion to suppress is
granted and the evidence is not allowed in trial
3. Defendants may testify at suppression hearings, and their
testimony may not be used against them at trial. This
occurs in a separate hearing before the trial
Motion for Change of Venue
1. Venue means the place for the trial
2. A defendant may ask for the trial to be moved to another
location if a defendant receives considerable negative
media coverage
Motion for Severance
1. Defendants may be tried together for the same crime
2. The defense may be antagonistic, which means the jury
must disbelieve one to believe another
3. In this situation, the defendant may want to file a motion of
severance to have his or her own trial to assure a fair trial
Motion in Limine
1. This can be done by the defendant or the prosecution
2. This is a request that the court order the other party not to
mention or attempt to question a witness about some
matter
3. This is similar to a motion to suppress except that it can
apply to more than illegally seized evidence
Motion for a Protective Order
1. This can be filed if the prosecution fears that revealing
information required under a discovery rule will endanger
the case or a person’s life
2. If this applies, the court will review the evidence in camera
(in private) and decide if it is necessary to keep it from the
defendant or not
Motions for Continuance
1. Attorneys can request that hearings or the trial be delayed
for various reasons, including providing more time to
prepare for the trial or gather witnesses
2. Courts must be careful not to violate speedy trial
requirements
2
Copyright © Texas Education Agency, 2011. All rights reserved.
I. Motion for Mental Examination – if the defense counsel believes
that the defendant is not competent to stand trial, they can
request a mental examination
J. Invoking the Rule – invoking the rule is a request by either party
to have all of the witnesses leave the courtroom unless they are
in the process of testifying
II. Objections
A. Definition
1. Another form of challenging evidence
2. Objections are made in court by either party that contests
the legality of the other side’s questions
3. There are numerous objections. Some of the most common
will now be covered
B. Lack of Personal Knowledge
1. A witness may not testify on any matter about which he or
she has no personal knowledge. Nor may an exhibit be
offered into evidence without the necessary facts showing
its relevance and background being established.
2. OBJECTION: “The witness has no personal knowledge that
would enable him or her to answer this question.”
C. Opinion Testimony by Non-Experts
1. Witnesses who are not testifying as experts may give
opinions which are based on what they saw or heard, and
that are helpful in explaining their stories.
2. However, in other than matters that are commonly known
(such as the speed of a car or clumsiness of a person)
witnesses should state only facts—not opinions.
D. Assuming Facts Not in Evidence
1. Attorneys shall not ask questions that assume unproven
facts.
2. EXAMPLE: “When did you stop beating your spouse?”
3. OBJECTION: “The question assumes facts not in
evidence.”
E. Questions Calling for a Narrative Answer
1. Questions should be asked so as to call for a specific
answer and should not be too broad.
2. EXAMPLE: “Tell us what you know about this case.”
3. OBJECTION: “Counsel is calling for a narrative answer.”
F. Hearsay
1. Asking a witness about a statement made by someone else
is hearsay and is not usually permitted.
2. EXAMPLE: “Did the police officer say the defendant was
speeding?”
3. OBJECTION: “Counsel’s question is seeking a hearsay
response.”
G. Relevance of Evidence
1. Only relevant testimony and evidence may be presented
3
Copyright © Texas Education Agency, 2011. All rights reserved.
during a trial.
2. This means that the only physical evidence and testimony
allowed is that which tends to make a fact important to the
case more or less probable than the fact would be without
the evidence.
3. EXAMPLE: The defense asks on cross-examination, “What
is your job?”
4. OBJECTION: “I object, Your Honor. The evidence (or
testimony) is not relevant to the facts of this case.”
H. Character
1. Evidence about the character of a party or witness (other
than his or her character for truthfulness or untruthfulness)
may not be introduced unless the person’s character is at
issue in the case.
2. EXAMPLE: Have you ever received a speeding ticket?
3. OBJECTION: “This question calls for improper character
assumptions.”
I. Leading Question
1. A leading question is one that suggests to the witness
under direct examination the answer desired by the
questioner, or suggests a “yes” or “no” answer.
2. EXAMPLE: “Sergeant Jeans, you really couldn’t see the
defendant very well, could you?”
3. OBJECTION: “Counsel is leading the witness.”
4. An attorney may ask leading questions when crossexamining the opponent’s witnesses, and in fact, that is the
desired form for cross-examination questions.
Activities
1. Have students complete the Motions and Challenges to Evidence
(open-note) Quiz.
2. Divide the class into two teams. Call out information about the
motions and either have the team who calls out the correct answer
first win the round, or go back and forth between the teams until
there are no more questions and the team with the most correct
answers wins. Use the Motions List for this activity. Use the
Individual Work Rubric for assessment.
3. Have students create and write scenarios for each objection. Have
the students turn in the written assignment, then divide the class into
teams of three. Give each team some of the scenarios written by
other students. The number of scenarios per team depends on the
total number of scenarios written. Each team must have at least
three.
During this activity, the students in the teams will alternate acting as
a prosecutor, a defense attorney, and a witness on the stand. Decide
4
Copyright © Texas Education Agency, 2011. All rights reserved.
beforehand which attorney position is expected to give an objection.
The other attorney and the witness on the stand will role play the
scenario until the opposing attorney objects. Have the class assess
the objecting attorney on the appropriateness of and reason behind
the objection using the Debate Rubric. You may require the students
to write explanations of their peer assessment. If you use the
additional assignment, use the Writing Rubric for assessment.
Assessments
Motions and Challenges to Evidence Exam and Key
Motions and Challenges to Evidence Quiz and Key
Debate Rubric
Discussion Rubric
Individual Work Rubric
Research Rubric
Writing Rubric
Materials
Motions and Challenges to Evidence computer-based presentation
Motions List
Resources
0766818314, Criminal Law and Procedure (5th Edition) by Daniel E. Hall,
J.D., Ed.D.
Driving on the Right Side of the Road by Law Related Education
http://www.texaslre.org/lre_drsr.html
Do an Internet search for lawwebtv
Accommodations for Learning Differences
For reinforcement, students will explain what injustices could be done if
these specific motions and objections were not in place. Use the Writing
Rubric for assessment.
For enrichment, students will research any history, law, or court cases
they can find on how the specific motions and objections came about.
Use the Research Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.296. Court Systems and Practices (One to Two Credits).
(4)
The student examines the steps by which a criminal charge
is processed through pretrial, trial, adjudication, and the
appellate stages. The student is expected to:
(B) explain pretrial court proceedings such as rules of
discovery, challenges to evidence, and the bail
process;
College and Career Readiness Standards
5
Copyright © Texas Education Agency, 2011. All rights reserved.
English Language Arts
III. Speaking
A. Understand the elements of communication both in informal group
discussions and formal presentations (e.g., accuracy, relevance,
rhetorical features, organization of information).
1. Understand how style and content of spoken
language varies in different contexts and influences the listener’s
understanding.
2. Adjust presentation (delivery, vocabulary, length) to particular
audiences and purposes.
Cross-Disciplinary Standards
I. Key Cognitive Skills
B. Reasoning
2. Construct well-reasoned arguments to explain phenomena,
validate conjectures, or support positions.
6
Copyright © Texas Education Agency, 2011. All rights reserved.
Motions List
Directions: Use the following motions for Activity 2. Choose the order you like.
Motion to Dismiss or Quash
 This occurs when the defendant believes that the indictment or information is
fatally flawed
 The court lacks jurisdiction
 The facts alleged do not amount to a crime
 An essential element is not charged
 The defendant has a legal defense such as double jeopardy
 If the court agrees with the defendant, prosecutors are oftentimes allowed to
amend the charge instead of dismissing it
 Dismissing the charge does not mean the defendant cannot be recharged with it
later
Motion to Suppress
 The purpose of this hearing is to determine if evidence was obtained in an
unconstitutional manner or not
 If it is found that evidence was obtained in an unconstitutional manner then the
motion to suppress is granted and the evidence is not allowed in trial
 Defendants may testify at this and their testimony may not be used against them
at trial
Motion for Change of Venue
 A defendant may ask for the trial to be moved to another location if a defendant
receives considerable negative media coverage
Motion for Severance
 Defendants may be tried together for the same crime
 The defense may be antagonistic which means the jury must disbelieve one to
believe another
 In this situation, the defendant may want to file this motion to have his or her own
trial to assure a fair trial
Motion in Limine
 This is a request that the court order the other party not to mention or attempt to
question a witness about some matter
 This is similar to motion to suppress except that it can apply to more than illegally
seized evidence
Motion for a Protective Order
 This can be filed if the prosecution fears that revealing information required under
a discovery rule will endanger the case or a person’s life
Motions for Continuance
7
Copyright © Texas Education Agency, 2011. All rights reserved.

Attorneys can request that hearings or the trial be delayed for various reasons
including more time to prepare for the trial or gather witnesses
Motion for Mental Examination
 If defense counsel believes that the defendant is not competent to stand trial,
they can request this
Invoking the Rule
 This is a request by either party to have all of the witnesses leave the courtroom
unless they are in the process of testifying
8
Copyright © Texas Education Agency, 2011. All rights reserved.
Name________________________________ Date_________________________
Motions and Challenges to Evidence Exam
_____1. What are made by either party in court that contests the legality of the other
side’s questions?
a) Motions
b) Objections
_____2. What are formal requests made to a court for it to do something?
a) Motions
b) Objections
Imagine you are playing the role of an attorney for all of the remaining questions.
_____3. The police go through your client’s house and find 18 kilos of cocaine. In a
motion it is determined that the police did not have a search warrant. What
will happen to the evidence?
a) Nothing. It will be used at trial
b) It will be thrown out of trial
c) The police will be allowed to go back and show what made them want to
search the client’s house
_____4. Your client’s charge is dismissed during a motion. What can happen?
I. Nothing. Case is closed
II. Your client can be recharged
III. The prosecutor can amend the charge
a)
b)
c)
d)
I
II
III
II, III
Matching (Part 1): Some answers may be used more than once.
_____5. Your client has a witness who is afraid of retaliation if they testify in the trial.
What motion will you file?
_____6. Your client has already been found not guilty for the crime he is being
charged with. What motion will you file?
_____7. One of the police officers who will be testifying for the prosecution has a bad
history with your client. You know this officer will try to bring up their past
encounters in trial to make your client look bad. What motion will you file to
assure that this does not happen?
9
Copyright © Texas Education Agency, 2011. All rights reserved.
_____8. After spending some time with your client you come to the conclusion that
your client has some psychological issues that could keep him from being
found guilty. What motion will you file?
_____9. Your client believes it is important for the court to know some facts before the
trial but he is afraid that his testimony will make him look guilty and be
allowed at his trial, if there is one. You assure him it will not. What motion are
you going to file that this applies to?
_____10. You believe your client will not get a fair trial at the current location. What
motion will you file to address this?
_____11. It is trial time and there are a lot of witnesses for the prosecution. You suspect
that they will feed off each other’s testimony which will not be good for your
client. What will you do?
_____12. In your client’s case there is another person who is also charged with the
same crime. You know this other person will tell a different story at the trial
that will make your client look guilty instead of him. What motion will you file?
_____13. You have reason to believe that the police had no reason to stop your client
when they found illegal items on him. What motion will you file?
_____14. The court your client is in lacks jurisdiction over his charge. What motion will
you file?
_____15. You have a key witness that will go a long way in showing that your client is
not guilty. The only problem is that this witness is working overseas and won’t
be back for two months. The trial starts next week. What motion will you file?
_____16. The prosecutor has good facts but they don’t show that a crime occurred.
What motion will you file?
Motions:
A.
B.
C.
D.
E.
Motion to Dismiss or Quash
Motion to Suppress
Motion for Change of Venue
Motion for Severance
Motion in Limine
F.
G.
H.
I.
Motion for a Protective Order
Motion for a Continuance
Motion for Mental Examination
Invoke the Rule
10
Copyright © Texas Education Agency, 2011. All rights reserved.
Matching (Part 2): Imagine you are defending your client in court. What objections
will you raise for each situation below?
_____17. The attorney wants your client to agree with his statement and expounds
upon it.
_____18. A witness testifies about a relationship your client once had that the witness
does not have all the facts on.
_____19. An attorney asks your client a question that takes for granted something that
hasn’t been proven.
_____20. A witness is asked to give his or her opinion on something her or she saw.
_____21. A witness begins to talk about something someone said to someone else who
told them.
_____22. The attorney asks the witness if your client is one of those suspicious types.
_____23. The attorney asks the witness on the stand who is a banker if they agree with
the evaluation of your client done by a psychologist.
_____24. The attorney asks the witness to tell what happened on that day from the
moment they saw the alleged crime occur to the time the police wrapped up
the investigation.
_____25. The attorney introduces a detailed account of the weather on the day the
crime occurred even though the crime occurred indoors.
Objections:
a)
b)
c)
d)
Lack of Personal Knowledge
Opinion Testimony by Non-Experts
Assuming Facts Not in Evidence
Questions Calling for a Narrative
Answer
e) Hearsay
f)
g)
h)
i)
Relevance of Evidence
Character
Leading Question
No grounds for an Objection
11
Copyright © Texas Education Agency, 2011. All rights reserved.
Motions and Challenges to Evidence Exam Key
1. B
2. A
3. B
4. D
5. F
6. A
7. E
8. H
9. B
10. C
11. I
12. D
13. B
14. A
15. G
16. A
17. H
18. A
19. C
20. I
21. E
22. G
23. B
24. D
25. F
12
Copyright © Texas Education Agency, 2011. All rights reserved.
Name________________________________
Date_________________________
Motions and Challenges to Evidence Quiz
What are formal requests made to a court for it to do something?
1.___________________________________________
What are made by either party in court that contests the legality of the other side’s
questions?
2.___________________________________________
What happens to evidence obtained in an unconstitutional manner?
3.___________________________________________
If a charge is dismissed during one of the motions, can the defendant be recharged
later?
4.___________________________________________
What else can the prosecutor do if the charge is dismissed?
5.___________________________________________
What needs to happen when an attorney only wants one witness at a time in the
courtroom?
6.___________________________________________
What is the motion to be filed to keep a specific question from being asked?
7.___________________________________________
What is the motion to be filed when the facts alleged to not amount to a crime?
8.___________________________________________
What is the motion to be filed when the defendant has already been found not guilty of
the charge?
9.___________________________________________
What is the motion to be filed when evidence against the defendant was obtained in an
unconstitutional manner?
10.__________________________________________
13
Copyright © Texas Education Agency, 2011. All rights reserved.
What is the motion to be filed when the court lacks jurisdiction over the charge?
11.__________________________________________
What is the motion to be filed when an attorney needs more time to prepare or gather
witnesses?
12.__________________________________________
What is the motion to be filed when a defendant cannot get a fair trial at the location of
their trial?
13.__________________________________________
What is the motion to be filed when two defendants are being tried for the same crime
and their testimonies are antagonistic?
14.__________________________________________
In what motion can the defendant testify without worrying about their testimony being
used against them at their trial?
15.__________________________________________
What is the motion to be filed when someone who testifies’ life is in danger?
16.__________________________________________
What is the motion to be filed when nobody knows if the defendant is competent to
stand trial?
17.__________________________________________
What are the objections for the following occasions?
A question is too broad.
18.___________________________________________
The attorney suggests to the witness a yes or no answer.
19.___________________________________________
A witness gives their opinion on something they did not see.
20.___________________________________________
14
Copyright © Texas Education Agency, 2011. All rights reserved.
Evidence about the reputation of a party or witness is introduced.
21.___________________________________________
The witness testifies on a matter about which they have no personal knowledge.
22.___________________________________________
An attorney asks a question that assumes unproven facts.
23.___________________________________________
The question asked of a witness has nothing to do with the actual trial.
24.___________________________________________
A witness is asked about a statement made by someone else.
25.___________________________________________
15
Copyright © Texas Education Agency, 2011. All rights reserved.
Motions and Challenges to Evidence Quiz Key
1. Motions
2. Objections
3. It may not be used at trial
4. Yes
5. Amend it
6. Invoke the Rule
7. Motion in Limine
8. Motion to Dismiss or Quash
9. Motion to Dismiss or Quash
10. Motion to Suppress
11. Motion to Dismiss or Quash
12. Motion for a Continuance
13. Motion for Change of Venue
14. Motion for Severance
15. Motion to Suppress
16. Motion for a Protective Order
17. Motion for Mental Examination
18. Question Calling for a Narrative Answer
19. Leading Question
20. Opinion Testimony by Non-Experts
21. Character
22. Lack of Personal Knowledge
23. Assuming Facts Not in Evidence
24. Relevance of Evidence
25. Hearsay
16
Copyright © Texas Education Agency, 2011. All rights reserved.
Name:____________________________________
Date:_____________________________________
Debate Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Information
Clear, accurate and thorough
Facts, statistics and/or examples
used to support major points.
Communication
Respectful body language
Respectful responses
Focused/On-topic
Sarcasm avoided
Participation
Full participation
Attentive listening
Total Points (32 pts.)
Comments:
17
Copyright © Texas Education Agency, 2011. All rights reserved.
Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
18
Copyright © Texas Education Agency, 2011. All rights reserved.
Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Total Points (20 pts.)
Comments:
19
Copyright © Texas Education Agency, 2011. All rights reserved.
Name______________________________________
Date_______________________________________
Research Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Question/goal
Student identified and communicated a question
or goal of the research
Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Conclusion/Summary
Student drew insightful conclusions and
observations from the information gathered.
Information is organized in a logical manner
Communication
Student communicated the information gathered
and summary or conclusions persuasively.
Student demonstrated skill in the use of media
used to communicate the results of research
Reflection
Student reflected on the importance of the
research and its potential application
Total Points (20 pts.)
Comments:
20
Copyright © Texas Education Agency, 2011. All rights reserved.
Name:____________________________________
Date:_____________________________
Writing Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The writing has all required parts from
introduction to conclusion in smooth
transition.
The writing is interesting, supportive,
and complete.
The writing demonstrates that the
writer comprehends the writing
process.
Accurate spelling, grammar, and
punctuation
The content of paragraphs
emphasizes appropriate points.
The writer shows an understanding of
sentence structure, paragraphing, and
punctuation.
All sources and references are clearly
and accurately documented.
Total Points (28 pts.)
Comments:
21
Copyright © Texas Education Agency, 2011. All rights reserved.