In this motion, a defendant requests that the court exclude certain evidence from a trial. This page explains how to request a trial, what happens at trial and the basics of how to prepare for trial.In a criminal case, a defendant is entitled to a trial de novo in the district court only if the defendant files a notice of appeal within 28 days. Our Utah criminal defense attorneys explain what a motion to suppress evidence does and when it can be used in court. If the prosecution in a criminal trial asks for a continuance due to an unavailable witness, will it automatically be granted? A pretrial hearing is a meeting between the parties to discuss how a case will proceed and to resolve any preliminary issues before a trial starts. If they do not have enough evidence, they will either dismiss the case, or ask the police to do additional investigation. 3. A Charge is Filed Against a Person. It is likely that any request for a continuance will be denied. The Risks of a Speedy Trial in Utah.