What is a motion hearing?

Question

and why have it before a jury trial?

Answer 1

A motion is a request for the judge, in the case, to decided if certain evidence in question can be omitted before the trial begins.

Answer 2

It could be almost anything that needs to be decided before a case is presented to a jury.  It could be a Motion to Suppress, a Motion to Dismiss, a Motion in Limine, etc.  It is used by lawyers and the court to decide certain things prior to a trial. It could be substantively dispositive such that if evidence or testimony is suppressed due to police misconduct or failure to adhere to strict procedural requirements, then the state may be left with insufficient evidence to proceed. They may likely nolle pross the case or offer a sweet plea deal.  It may be a procedural motion to exclude certain testimony such as polygraph examinations or results.  It's a lengthy and complicated topic. You could write books about pre-trial motions.

Answer 3

As noted a motion hearing is generally to have a judge decide on whether certain evidence is allowed to be used in court.  They do it before the trial starts (or at least away from the jury) so as not to influence the jury if the evidence is not allowed.

Answer 4

In criminal law, you almost always request a motions hearing date when you're taking something to trial.  It's an opportunity for your lawyer to take up constitutional issues regarding the arrest, the defendant's interaction with the police, and any statements he or she may have made while in custody.  It's when your lawyer tries to get the court to rule certain pieces of evidence against you inadmissable at trial - in other words, if the police interrogated you without a miranda warning, and you were in custody, your lawyer can argue that any responses you gave to those questions should not come in as evidence against you.

Often the motions hearing are waived at the last second.  In my jurisdiction, the DA withdraws any plea offers if you take a case to motions hearing.  So even though it's scheduled, you might not have one anyway.

Typically the defendant does not testify.  Usually the police officer(s) testify as to what probable cause they had to arrest, what happened during the arrest, whether the defendant made any statements, whether the statements were voluntary, etc. etc. etc.  Then your lawyer gets to cross examine that officer.  Then each side makes an argument in favor of either excluding or including the evidence, depending on which side they're on.

That whole answer was for criminal law - civil, I have no idea.

Answer 5

There are usually many things that have to be done or decided before a case is ready for trial.  There may be Motions to exclude or allow certain evidence; to permit certain evidence to be admitted by recording or deposition or copy.  There may be motions to strike certain counts of a claim or elements of damage; or to deem certain facts admitted; or to give certain jury instructions, etc.  There's an infinite number of motions that are possible & need to be ruled on prior to taking tstimony.

Answer 6

Attorneys file pretrial motions---motions that can affect the outcome of rulings during a trial.  For example, in a criminal case, an attorney would file a "motion to suppress" to challenge the legality of seized evidence or a confession.  It is done pretrial because if the judge grants it, the prosecutor won't be able to present that particular evidence during the trial, which could lead to the dismissal of charges without the necessity of going to trial.  There are many different pretrial motions that can be filed in addition---much too many to list here.