To make a good sound motion counsel must do three things. First, request the particular relief sought, such as suppression of specific statements or items. Second, state the specific grounds or rule upon which the motion is based. And third, identify and present the facts of the case which support the requested ruling. Facts win motions, not rules or laws or arguments by themselves.
Motion practice is primarily the province of defense counsel.
To successfully master this area of the law counsel must know the procedural rules governing motion practice, such as timing, waiver, and burdens of proof, and the substantive rules and law for the various types of motions. Motions for mistrial and motions for findings of not guilty are discussed in Chapter 28 and R.C.M. 915 and 917. Post- trial correction motions under R.C.M. 1102 are discussed in Chapter 33. Motions may be made orally or, at the discretion of the military judge, in writing. If the motion is made in writing it must be served on all parties.