What is 'Motion to Destroy' in a criminal court case?
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Once evidence is submitted in any case, criminal or civil, it is kept by the Court for years until they get around to ordering the attorney to either pick it up or it will be destroyed. I would suspect in your question that the evidence could be a firearm or illegal drugs. Alternatively, it's just something submitted to the Court that is no longer needed. After the appeal period is passed, no one has a need for the evidence from a legal point of view. If it's something you want returned, file a response to the Motion to Destroy and ask that the evidence be returned to you. If it's not illegal, the Court will be happy to get rid of it. EDIT: I just read the first 2 answers. I've never heard of such a Motion either and I've been practicing more than 25 years. In my state, the Courts publish notices that evidence will be destroyed if it is not picked up by the party that introduced it into evidence.
I've never seen that, but at a guess.
Once some piece of evidence has been used (which could be an animal in some cases), the court may hear a motion to destroy that evidence rather than return it to a party.
I can imagine situations where that happens, but I've never actually heard of any in practice.
neverheard of it. I would guess that someone wants court permission to destroy evidence, either by testing in a manner that will consume the evidence, or by getting rid of it because the case is over.
From what I have seen a motion to destroy involved files of a discrimatory manner i.e., H. Keith Henson, was convicted in a criminal case involving criticism of the Church of Scientology. The attorney for the church ordered a Motion to Destroy" all discriminatory documents created by Mr. Henson. Sometimes this is also ordered in copyright infringment issues as well.
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