Question: What motions must be filed or are often filed in federal cases in Wisconsin?

Answer: So motions, other than motions for discovery, are really dependent on the case, the situation and the facts in the case. In federal court, as well as state court, you have to look at those specifics to determine what motions to file. You always have to file motions to make sure that you are obtaining all of the discovery and all of the information that’s available in the case and putting the state—the government in federal cases—to their burden. But other than that, the types of motions in federal cases are not fundamentally different than state cases when you’re looking at criminal and traffic defense. Constitutional law is the same; the U.S. Supreme Court is the ultimate authority on that and that is the same for federal or state, when you’re talking about constitutional issues. There are some different statutory provisions and different discovery rules that have to be followed in federal court and have to be dealt with, but the big constitutional issues are the same in federal and state court.

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