Writing a motion for the court requires knowledge of the applicable laws and local rules of court that govern the motions' form, content, length and timing. Though certain elements must be included in different types of motions and the specifics of each case will influence the contents, a motion for the court generally identifies the parties, states the basis for the motion and states the relief that is sought.Know More
According to the Virtual Self-Help Law Center, the California Rules of Court, Title 3 (Civil Rules), Division 11 (Law and Motion), Chapter 2 (Format of Motioned Papers), Rule 3.1112 requires that all motions filed in California courts must identify the party bringing the motion, name the parties to whom the motion is addressed, and state briefly the basis for the motion and the specific relief sought in the matter. Additionally, if the motion is challenging a pleading, then the motion must state the specific portion of the pleading that is being challenged.
The Sargent Shriver National Center on Poverty Law advises counsel and persons representing themselves to thoroughly familiarize themselves with any standing orders of the court, review local rules and consult with practitioners familiar with local requirements. Motions are usually accompanied by a memorandum of law and a proposed order, so anyone writing a motion to submit to the court should also become familiar with writing these documents.Learn more about Law
Wrongful termination laws govern when an employer may legally terminate an employee and provide legal remedies to former employees who weren't terminated in accordance with applicable laws, Nolo explains. When an employee is hired "at will," he may be terminated for any legal reason.Full Answer >
Lawyers freeze assets during a divorce by filing a motion in court or obtaining an automatic temporary restraining order, or ATRO, according to Forbes magazine. In some states, ATROs are mutual orders that prevent spouses from selling property, changing insurance policies, switching bank accounts and hiding financial assets.Full Answer >
A motion to suppress is a request made in a criminal trial by the defendant, asking the judge to exclude evidence because it was gathered illegally or in violation of the defendant's constitutional rights, states Nolo. The judge decides whether or not to grant the motion.Full Answer >
A party in a civil lawsuit voluntarily may file a motion to dismiss the civil suit as long as there has not been a motion for summary judgement denied or heard by the court. It also may be filed if the case has not been submitted to a fact finder.Full Answer >