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WWW.sac law.org Sacramento County Public Law Library & Civil Self Help Center 609 9th St. Sacramento, CA 95814 (916) 8746012 Home Law 101MOTIONS IN CIVIL CASESWriting, Scheduling, and Opposing or
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How to fill out motions in civil cases
How to fill out motions in civil cases
01
To fill out motions in civil cases, follow these steps:
02
Start by identifying the specific type of motion you need to file. Common types of motions in civil cases include motions to dismiss, motions for summary judgment, and motions for a temporary restraining order.
03
Obtain a blank copy of the motion form from the court website or the clerk's office. Make sure you have the correct form for your jurisdiction and type of motion.
04
Read the instructions on the form carefully to understand the requirements for filling it out.
05
Fill in your personal information, such as your name, address, and contact information, as the moving party.
06
Clearly state the purpose of the motion in the heading. For example, if you are filing a motion to dismiss, write 'Motion to Dismiss' at the top.
07
Provide the necessary background information and facts supporting your motion. Be concise and specific in your statements.
08
Include any legal arguments or case law that supports your position. Reference specific statutes or precedent cases if applicable.
09
Include any supporting evidence or documents that are relevant to your motion. Make sure to attach them as exhibits and reference them in your motion.
10
Review the completed motion form for accuracy and completeness. Make any necessary revisions or corrections.
11
Sign and date the motion form at the end.
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Make copies of the completed motion form and all attachments. Keep one copy for your records and serve copies on all parties involved in the case according to the court's rules.
13
File the original motion form and attachments with the court clerk. Pay any required filing fees if applicable.
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Keep track of important dates and deadlines related to your motion, such as the date of filing and the date for response or hearing.
15
Attend any scheduled hearings or conferences related to your motion and be prepared to present your arguments.
16
Follow up with the court to obtain the ruling or decision on your motion.
Who needs motions in civil cases?
01
Motions in civil cases are typically needed by:
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- Plaintiffs or complainants who want to initiate a lawsuit and request specific relief from the court.
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- Defendants who want to defend against a lawsuit or seek dismissal of the case.
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- Both parties who want to request various types of court orders or decisions, such as temporary restraining orders, injunctions, or summary judgments.
05
- Attorneys representing the plaintiffs or defendants who need to formally present legal arguments and evidence to support their clients' positions.
06
- Judges who may issue certain types of motions or orders on their own initiative during the course of the civil case.
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What is motions in civil cases?
Motions in civil cases are requests made to the court by either party involved in the case, asking the judge to make a decision or take a specific action.
Who is required to file motions in civil cases?
Either party involved in the civil case may file a motion with the court.
How to fill out motions in civil cases?
Motions in civil cases can typically be filled out using a standard form provided by the court, or drafted by an attorney.
What is the purpose of motions in civil cases?
The purpose of motions in civil cases is to bring specific issues or requests to the attention of the court for a decision to be made.
What information must be reported on motions in civil cases?
Motions in civil cases must include a clear and concise statement of the request being made, supported by legal reasoning and any relevant evidence.
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