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.
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
A contract is null and void when it can no longer be legally enforced. If one party to the contract gives an indication that it is unable to hold up its end, the other party may claim an anticipatory breach of contract. If the agreement is unconscionable or grossly unfair to one party, or one party commits fraud, the contract may be void.Full Answer >
Since the introduction of Florida Statute 768.0755 in 2010, slip-and-fall laws favor business owners, requiring plaintiffs to prove that the establishment should have been aware of the spill, states Alan C. Nash with the Marshall Dennehey firm. Without circumstantial evidence to support the claim, victims find it hard to win.Full Answer >
Renters have the right to be served with a legal notice of an eviction, and landlords cannot move renters and their property out without the assistance of a law enforcement officer, says Nolo. Evictions must be preceded by a termination of tenancy.Full Answer >
State or federal government bring criminal actions against parties that are accused of violating the law and civil actions are non-criminal acts brought against those accused of violating private rights. Examples of criminal law include murder, kidnapping, embezzlement or theft. Civil law examples include breach of contract, compensation-related cases and fraud.Full Answer >