SAN ANTONIO – Brad SimpsonHis lawyers are trying to force the hands of prosecutors to present the evidence against him or to dismiss the murder charge.

On November 7, investigators charged Simpson with murdering his wife, Suzanne Clark Simpson. However, her body was not found. Some legal experts have said a few EVIDENCE in the page-long affidavit may not be admissible in court.

READ THE FOLLOWING: AFFIDAVIT: Brad Simpson had trash bags and bulky object wrapped in tarp after wife Suzanne Simpson’s disappearance

Simpson has not yet been indicted, meaning a grand jury has yet to review the evidence presented by investigators to determine whether it is sufficient to move forward with the case.

A motion filed by Simpson’s attorneys on Thursday formally asks for a trial, or hearing, in which prosecutors must present witnesses and prove there is enough evidence to clear the burden of probable cause for a murder charge.

“If the State fails to present sufficient evidence to support a finding of probable cause by the court, (Brad Simpson) be released from further restriction of his liberties,” the motion states.

Former Bexar County District Attorney Nico LaHood told KSAT that the motion is not normal in all cases.

“Typically, the state simply rushes an indictment when a motion for trial is filed. But it can be a good defense strategy in this type of case or when the investigation is still ongoing,” LaHood said.

Simpson remains in jail on $3 million bail and a federal detainer on an illegal firearms charge.

READ THE FOLLOWING: Timeline details Brad Simpson’s whereabouts before and after wife Suzanne Simpson’s disappearance

Brad Simpson’s attorneys have also filed a request to see any evidence the state has gathered in the case.

This includes:

• Written and recorded statements of Brad Simpson or any witness

• Physical evidence

• Pictures and videos

• A potential witness list

Read more reports on KSAT Page is investigating.