LAC 22:XV.725. Preparing, Filing, and Arguing Pretrial Motions

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. B. When a hearing on a motion requires the taking of evidence, counsel's preparation for the evidentiary hearing should include: 1. investigation, discovery and research relevant to the claim advanced; 2. the subpoenaing of all helpful evidence and the subpoenaing and preparation of all helpful witnesses; 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. familiarity with all applicable procedures for obtaining evidentiary hearings prior to trial.