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The Importance Of Filing Motions In A Military Court-Martial

Posted by Ernesto Gapasin | Jun 21, 2023 | 0 Comments

The use of filing motions in a military court-martial has often been described as "preparing the litigation battlefield." I cannot stress how important filing motions and the right kind of motions can be in your case. Filing motions do more than just "prepare the litigation battlefield," filing motions can ultimately result in obtaining victory at trial. 

Motions are pleadings or filings made with the military court. Motions are essentially briefs on particular topics of law that the filling party believes to be relevant with regards to certain types of evidence collected from the case. Motions are also filed in order to appropriately deal with procedural issues in a court-martial which the proponent of the motions wishes to either take advantage of, or objects to. For example, regarding evidentiary matters, I may file a Motion to Suppress a statement illegally obtained from my client. If granted by the Military Judge, then my client's statement, which could have been detrimental to his case, would be suppressed and no longer usable by the prosecution at trial.

Regarding procedural issues, I may file a motion if the Government overstepped their bounds by deliberately engaging in a selective prosecution against him simply because he or she perhaps filed an EO Complaint against their commander. Now, and assuming sufficient evidence exists, I could file a Motion for Vindictive Prosecution, seeking sanctions against the Government for such action, as well as dismissal based on the vindictive prosecution.

Motions can make the most impact at trial when they either keep out extremely damaging evidence, or when they allow me to enter in evidence which would not normally be allowed or which the Government previously objected to. Motions are extremely important and to my recollection, I have not proceeded to any court-martial trial without having first "prepped the battlefield" with well-throughout, necessary motions.

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Ernesto Gapasin



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