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Sometimes a
statute or rule of court can be cited as a basis for bringing an Action
Motions 2K10, or as a basis for the relief requested. If authority
by rule or statute exists, clearly quoting this authority strengthens
not only the motion but also the court's confidence in the attorney.
Citing a statutory basis is also valuable as a record preserving
element, i.e., for supporting requests for relief made later in
the trial and, perhaps, subsequent appellate process.
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| Examples
of the Rule or Statutory Basis |
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O.C.G.A.
§17-5-30 provides that: |
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(a) A
defendant aggrieved by an unlawful and seizure may move the court.
. . to suppress as evidence anything so obtained on the grounds
that: |
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(1)
The search and seizure without a warrant was illegal; |
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(b)
A motion shall be in writing and state the facts showing
wherein the search and seizure were unlawful. The judge shall
receive evidence out of the presence of the jury on any issue of
fact necessary to determine that motion, and the burden of proving
that the search and seizure were lawful shall be on the State. If
the motion is granted . . . it shall not be admissible in evidence
against the movant in any trial. (emphasis added). |
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