S. Pretrial Motions Practice

In this course, students will learn a practical application of criminal procedure and doctrinal law to the pretrial phase of motions practice. Building on what students have learned in their doctrinal courses, Pretrial Motions Practice will teach students the soup to nuts technical components of writing and arguing pretrial motions as well as how to think about using pretrial motions as part of a strategic litigation strategy in criminal cases. The goal of this course is to teach students how to think strategically and sharpen the writing and oral argument skills most utilized in litigation. In doing so, this course seeks to prepare students for the thinking and tasks they will encounter in their jobs so they can better hit the ground running. The course begins with an introduction to the goals, strategy, and practical litigation considerations of pretrial motion practice, followed by a focus on the technical components of written and oral motions. We then will apply these principles and skills to eight different kinds of pretrial motions. Students will be required to submit three written motions of their choice, one of which they will also argue in the last class. By the end of the course, students should have an understand the purpose of pretrial motions as an advocacy tool; the ability to think critically and creatively about different strategic approaches to pretrial motions; understand the different kinds of pretrial motions and how to develop a litigation strategy that builds different pretrial motions upon each other; and have developed their practical written and oral advocacy skills.