Question

when may a motion be amended in a criminal case? Is this a matter of procedural right or procedural discretion? Explain

Answer 1

Motion of a Case: Motion is defined as a procedural device to bring a issues (limited, contested) before a court for the decision. This is a request being made to the judge to provide the decision for the case. Motion can be carried out in administrative, criminal or civil proceedings and it can be carried out at any time. But the right of motion is regulated by the court rules and which may vary from place to place.

Motion of a criminal case can be amended at following situations as

• The layer may ask for the motion to reduce the charges, as the chares applied are very severe.
• The attorney may ask to modify the motion for changes in the case.
• The layer may want need larger timeline for getting the adequate evidences for the case.
• The layer may wants to get some changes for the case, so he may request for amendment in the motion.

This is a matter of procedural discretion, because the changes asked for amendments in the motion are the genuine changes needed for the fare decision for the case. Thus in order to have right quality of evidences and right decision for the case, the motion amendments are initiated for the criminal cases or any type of cases.