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 court, whether it is a federal court or a state court, speaks only through its orders. To write a court order, state specifically what you would like the court to do, and have a judge sign it.Full Answer >
In the United States, a bill is tabled when a legislative body adopts a motion to suspend consideration of a bill indefinitely. A majority vote is required to table a bill. Tabling a bill does not kill it; however, for a tabled bill to pass, the legislative body must adopt a motion taking the bill off the table for reconsideration, which also requires a majority vote.Full Answer >
Law.com defines "ex parte" as a motion, order or hearing granted for the benefit of only one party. This is a counteraction to the common court procedure of both parties being required to be present to argue each side of a case. The term is Latin for "one party."Full Answer >
In order to have a protective order dropped in Texas, a motion must be filed with the judge who ordered it. Both applicant and respondent are required to attend the hearing to show just cause for terminating the restraining order.Full Answer >