Well I have seen motions pushed back to the date of trial and heard by the judge on the day of trial. This will force the other party to deal with what's on the table on that day. The thought of this has crossed my mind, if Markle is confident that he will win the motion, then, I thought that would have been a better move. Unless, the judge wants all motions heard prior to that date.
More so, I have seen prosecutors use this tactic known as (trial by ambush) where the defendant is forced to deal with what's in front of them. It's usually labeled last minute discovery, where if a defence lawyer is not on the ball, and does not ask for a continuance, they can get trapped by last minute evidence.
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