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
Motion hour refers to the time during which a judge hears motions to be presented to the court. The particular time that motion hour is held is at the discretion of each court.Full Answer >
The ability to change court dates depends on the rules of the jurisdiction that the court is held in. Many times, a court date can be changed if one of the lawyers is unavailable or if there is some type of pending emergency with someone involved in the case.Full Answer >
Family law addresses the rules, regulations and court processes involving the family unit, according to an article on FindLaw. As such, family law deals with marriage, divorce, property obligations, paternity, and child custody and support. It also handles adoption, guardianship, domestic partnerships, foster care, emancipation and reproductive rights.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 >