What is a counter-motion in a court-martial?

A counter-motion in a court-martial is a legal action taken to oppose the motion of another party. A motion is a request that the court make a decision on a particular issue. The opposing party can then file a counter-motion in an effort to prevent or delay the decision on the other party’s motion. In the case of a court-martial, the counter-motion is used to oppose the prosecution’s motion. In Michigan, a counter-motion can be used to challenge the legality of the charges, evidence, or the jurisdiction of the court. It may also be used to challenge the method of proof or to argue that the evidence is insufficient. Furthermore, it may be used to move to dismiss charges or to challenge the legality of an order or a statute. Another use of a counter-motion in Michigan’s military courts is to make an argument in support of your own position. An individual in a court-martial may file a counter-motion to request that the court not accept the prosecution’s evidence, finding, or recommendation. Ultimately, a counter-motion allows an individual to present their own interpretation of the facts and try to win their case.

Related FAQs

What is the purpose of the Code of Conduct?
What is the UCMJ Article 77?
What rights do service members have under military law?
What is the maximum punishment for an Article 134 offense?
What is the burden of proof in a court-martial?
What is the burden of proof required for a conviction in a court-martial?
What type of offenses can be tried by a special court-martial?
What is the Uniform Code of Military Justice (UCMJ)?
What are the different types of court-martials?
What is an adjudicative authority?

Related Blog Posts

Military Law – What You Need to Know - July 31, 2023
Understanding the Different Types of Military Law - August 7, 2023
Navigating Military Courts and Procedures - August 14, 2023
A Guide to Military Service Member Rights - August 21, 2023
Understanding Military Court Martial Laws - August 28, 2023