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
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 >
Squatter's rights confer ownership of real estate on a person who occupies someone else's property for a set amount of time, under certain conditions. The underlying legal principle is adverse possession, an idea that dates back hundreds of years to British Common Law, notes Mental Floss.Full Answer >
A disclaimer deed is a deed that does not warrant good title and can only be used by married couples. One person in the marriage signs as the grantor (the giver of the property), and the other person in the marriage signs as the grantee (the receiver of the property).Full Answer >
Teen curfews vary according to local laws in different cities. Parents also often enforce specific curfews for their children that do not depend on laws but on their own home rules instead.Full Answer >