In a criminal proceeding, you may file a Motion (usually before a pretrial hearing) to ask the court to dismiiss the case as lacking in probable cause. If that is denied, you move to trial.
At trial, you impanel a jury and go through jury selection. If you opt for a trial to the court, there is no jury. There may be short opening statements. Then, the prosecution proceeds first caling their witnesses and presenting their evidence. When the prosecution rests, if you do not believe the prosecutor has made their case, you ask for a directed verdict. If denied, you proceed with your case by calling your witnesses and presenting your evidence. At the end, each party makes a closing argument and the Judge or the Jury decides the case.
You do not ask to file a Motion for defamation. That is a civil lawsuit and has nothing to do with the criminal proceedings. You may file sich a civil lawsuit at any time if you feel your case is strong enough to do so.
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Edited by Lawmoe on June 9 2007 at 8:39 PM
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The information provided is general in nature only and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state