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 in Law
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 >
When the state of Texas legal system deems a parolee to be in violation of their probation a motion to revoke probation is filed, and if granted, an arrest warrant may be issued. Before probation can be revoked, a probation revocation hearing is held in front of a judge, according to Guest and Gray criminal defense lawyers.Full Answer >
Individuals who want to file a motion to quash a subpoena must contact the court that issued the subpoena to acquire and fill out the correct legal forms. All courts have slightly different procedures for individuals who want to file a motion to quash.Full Answer >
A motion to consolidate is a legal motion seeking to combine two separate cases into a single case. These motions can be brought up by the legal council representing either party in the cases, and they are accepted or rejected by the court hearing the cases.Full Answer >