1. A. Motions should be filed in a timely manner, should comport with the formal requirements of the court rules and should succinctly inform the court of the authority relied upon. In filing a pretrial motion, counsel should be aware of the effect it might have upon the defendant's speedy trial rights.

2. B. When a hearing on a motion requires the taking of evidence, counsel's preparation for the evidentiary hearing should include:

   1. 1. investigation, discovery and research relevant to the claim advanced;
   2. 2. the subpoenaing of all helpful evidence and the subpoenaing and preparation of all helpful witnesses;
   3. 3. full understanding of the burdens of proof, evidentiary principles and trial court procedures applying to the hearing, including the benefits and potential consequences of having the client testify; and
   4. 4. familiarity with all applicable procedures for obtaining evidentiary hearings prior to trial.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:142, 147and 148.

Historical Note

HISTORICAL NOTE: Promulgated by the Office of the Governor, Public Defender Board, LR 35:667 (April 2009).