GENERAL COURT-MARTIAL
                          UNITED STATES MARINE CORPS
                           EASTERN JUDICIAL CIRCUIT
                                                                DEFENSE MOTION
               v.                                           TO [FILL IN BASIS OF MOTION]

       NAME                                                    (Specify Nature of Motion)
       U. S. Marine Corps / Navy                                            Date:

1. Nature of Motion. Pursuant to (cite applicable RCM and/or MRE), the defense /

government moves the court to (describe nature of motion) based upon (cite primary legal basis

for motion).

2. Summary of Facts.

       a. Set forth the pertinent facts for the motion. If you attach documents to the motion,

label them as “Attachment” with a number and specifically reference them at the appropriate

spot in your factual summary.

       b. The required Eastern Judicial Circuit format for all motions is double spaced lines and

12 point font. There is no required font style – although Times Roman is most common.

3. Discussion.

   a. Number or letter all subparagraphs in a particular section.

   b. Identify the applicable law; then apply the facts to the law in support of the motion.

4. Evidence and Burden of Proof.       List or describe the testimony and evidence that will be

presented in support of the facts alleged in the motion. Also indicate the standard for the burden

of proof and assignment of the burden of persuasion applicable to the motion. For motions with

dual or shifting burdens, set out what they are and how they should apply. Additionally, if you

are requesting production of a witness for an Article 39(a) motion session, include that here

along with the supporting authority.
5. Relief Requested. List the specific relief sought.

6. Argument. Indicate whether or not you desire oral argument.

                                                Counsel Name
                                                Rank, U.S. Marine Corps
                                                Trial / Defense Counsel

                              Certificate of Service

I hereby attest that a copy of the foregoing motion was served on the court and opposing counsel
personally / by facsimile on (DATE).

                                                COUNSEL NAME
                                                Counsel Rank, U.S. Marine Corps
                                                Detailed Defense Counsel
                                                [Individual Military Counsel]
                                                [Civilian Defense Counsel]

To top