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Motion to suppress evidence in superior court; procedure. (a) A motion to suppress evidence in superior court made before trial must be in writing and a copy of the motion must be served upon the State. The motion must state the grounds upon which it is made.
Whether the defendant performs well under stress ? Testifying can be stressful, emotional, and overwhelming. Some people cannot perform well under such circumstances and become agitated or nervous. A jury may wrongfully interpret this behavior as a sign of the defendant's guilt.
Subpoena. A subpoena is a court order directing you to be present at the time and place stated. You may receive your subpoena in person or by mail. After receipt of the subpoena, contact the District Attorney's Office. Court hearings do not always take place at the precise time scheduled.
Neither can the defendant's attorney nor a judge force a defendant to testify. This is true if you're caught up in a criminal trial. However, you may be asked to testify by a prosecutor in a civil case. If so, you can invoke your Fifth Amendment right against self-incrimination.
The case continues on to trial, in which the plaintiff exercises his right to call the defendant to the stand.
§ 1-52 (16). This is known as the discovery rule. An injured person might not always discover his or her injury right away. These are called ?latent injuries.? For example, in a medical malpractice case, an injured person might not discover until sometime after treatment that he was injured by the treatment.
California Evidence Code § 930 provides that ?a defendant in a criminal case has a privilege not to be called as a witness and not to testify.? While a defendant can waive this privilege and choose to testify, the prosecutor cannot call the defendant to the stand just to make the defendant explicitly claim the ...
G.S. 15A-903. (1) The State to make available to the defendant the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant.