Exactly, your lawyer has to make the motion. It all sounds so logical, but the judge's response depends on a lot of factors, such as case load, number of clerks to formulate the decision, whether or not he likes your lawyer, what he had for breakfast, was there traffic?

You get the Motion, then the Reply to the Motion, then your Brief in response to the Reply, and so on and so on. Then you start to see the Motions in Limine. Our last judge was mad that our lawyer made so many motions.

I had a case this past winter where the judge never read a thing and just denied all motions. During the case I could tell he was watching ESPN Sportscenter on his computer at the bench, when he wasn't sleeping.

Skreal