If Zimmerman’s defense itself is bringing up SYG, I haven’t heard it. Their bringing it up would certainly put to rest any idea that it didn’t apply, and failure to bring it up would raise the question why.
The decision to take a motion to dismiss is a defense option. The motion can be taken anytime prior to the trial itself.
However as a practical matter, the presiding judge will hold at least one pre-trial status hearing to decide when and how long the trial will take.
Needless to say (so why am I saying it ;-), the judge would not appreciate not being apprised of your intention to move for dismissal the day before trial. In that case, he’d probably just incorporate the motion into the trial itself and likely be pissed at the defense team and defendant. Not a good approach.
Before taking such a motion, because it qualifies as a mini-trial, the defense will want to have any and all depositions, investigations, exhibits, reports, etc. all lined up before they bring the motion.
They’ll also have to decide who to call as witnesses and whether GZ will testify.
An interesting aspect of this motion would be that, as I understand it, pre-trial, you can only depose the arresting officers (on the report) but here only the state attorney is the arresting officer.
Whether the defense can depose say Martin’s girlfriend, I am unsure.
Pinging my expert Cboldt to hammer my SYG rant and this post - he’s far more current on FL law than I. ;-)