At a 2nd hearing on a Motion to Suppress (rehearing), do all statements and questions from the first hearing apply?

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by Grant St. Jullian III

April 27, 2016

Asked 4/26/2017 – Dallas, TX

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?

Answer

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.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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