Noticed Motions

A motion is a noticed court-compatible document that is most often noticed (served) upon all lawsuit parties, and stamped and filed by the court. At the court hearing, the court then will make their ruling and either deny or grant the motion.

This is one of my many judgment-related: I'm the Judgment referral expert, not an attorney. This article is only my opinion based on my long term experiences within California, please hire an attorney when you require legal advice.

Most often, court motions are based on previous decisions or actions of that court. Most often, one's court motion needs to get properly served upon each of the other party(s) (also called noticed). But, some court motions (e.g., urgent court motions that are named ex-parte motions), do not require any proof of service documents.

Within California, a moving party may enter their document package for their court motion prior to, after, or during the court hearing. (As per C.C.P.s 1003-1010 and California Rules of Court 3.1320-3.1342).

It's a moving party's duty to be certain their motion pleadings are correct. When the pleadings aren't, it's the duty of the opposite party to bring any mistakes to the court's attention.

Courts will probably take your motion application and will then schedule a court hearing usually while you wait, but the judge will be reading your papers; so you should be certain that you have your MPA (Memorandum of Points and Authorities) using proper titles.

A Memorandum of Points and Authorities should have the legal basis which support the court motion which includes laws, past cases, and facts, declared under the penalty of perjury.

If you haven't filed a motion to your court already, it's smart idea to review prior motions entered at the court. If you were to pull ten paperwork files for ten judgments, you'll most likely discover an example of a motion.

Each court will have unique regulations concerning the format of documents and captions, be certain that you have review your state's laws.

Motions needs to list all the parties submitting the court motion, list all the defendant(s), list the legal basis for the court motion with a proposed order, and when a pleading gets disputed, list only the exact part disputed.

Also, court need to list the correct address and name of all the the party(s), the court name, the case name, the case number, the time, date, and the department the hearing will be held at, and the motion's proof of service.

A motion will usually need supporting evidence. A noticed motion should list the location of the court hearing, the type of proposed order requested, the basis for the proposed motion, and any evidence which support your motion. Within California, CCP 1010 would apply.

Motions might or might not be separated from a noticed motion. A motion always needs to list who's asking for the order, and list the suggested proposed order.

Mark Shapiro - Judgment Broker - http://www.JudgmentReferral.com - where Judgments go and are quickly Collected!

This article was published on 02 Sep 2014 and has been viewed 538 times
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