I am writing a new brief for a rehearing on my motion to suppress evidence on a criminal offense. Do all questions and statements from the first hearing apply? Can I use the statements and testimony from the first hearing within the draft for the rehearing? Would I need to re-ask each question from the first hearing?
A re-hearing is just that - a re-hearing. Everything is done over.
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The re-hearing is like the first hearing did not occur; you must call each and every witness and re-ask every question. You may, however, use the transcript of the first hearing for impeachment purposes if a witness gives a totally different answer to a question asked at the first hearing.
The rehearing is de novo, or starting anew. But there is one significant difference between the rehearing and the first hearing: you have a transcript of your witnesses' testimony. Make yourself VERY familiar with that transcript before the hearing. That way, you will immediately recognize any testimonial inconsistency, and you will be in a position to jump on it for impeachment purposes.
I agree with the other lawyers (de novo / should get a transcript to reveal inconsistencies), BUT are you a lawyer? If not, you should get a local experienced one to help you.
If you are a lawyer, you should probably get co-counsel who actually practices criminal law. Good luck
I am a Dallas area criminal defense attorney and former State prosecutor. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice. This answer does not form an attorney-client relationship.
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