Full question:
I'm involved in a Superior Court case where the judge ordered a continuance of a case management conference hearing and then said he'd be conducting a Walker hearing and he wanted briefs five (5) days before the resumption of the next case management conference. First, what's a Walker Hearing? I know it has to do with monetary amounts involving a threshold of $25,000.00. Does my brief have to prove that the case is worth more than $25,000.00 and is it done in a pleading format or not?
- Category: Courts
- Subcategory: Legal Definitions
- Date:
- State: California
Answer:
A Walker hearing refers to a pretrial hearing where the court determines the voluntariness of a defendant's statements. This is based on the ruling in People v. Walker, where the Michigan Supreme Court established that if a defendant claims their statements were involuntary, the court must hold a hearing outside of the jury's presence. During this hearing, the defendant can testify without waiving their right not to testify at trial. This right is protected by the Fifth Amendment of the U.S. Constitution, which prevents compelling a person to be a witness against themselves.
Regarding your brief, it should address the issue of whether the case is valued at more than $25,000.00, as this threshold is relevant to the hearing. The brief does not necessarily need to follow a formal pleading format, but it should clearly present your arguments and evidence supporting your position.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.