Noticed Motions

August 12, 2023

A noticed motion is a court-compatible document usually served (noticed) on the affected parties, and then entered and stamped by a court clerk. At a hearing, the court later makes its decision to either grant or deny the applicant’s motion.

One of many judgment articles: I am a Judgment Broker, not a lawyer, and this article is my opinion, please consult with a lawyer if you need legal advice.

Usually, motions address prior actions or decisions of the court. Usually, a motion must be served on the other party(s) (noticed). However, certain motions (for example emergency motions which are called exparte motions), require no proof of service.

In California, the applicant can submit an application for a motion before, during, or after a court trial. (See CCPs 1003-1010 and CRC 3.1320-3.1342).

It is the applicant’s responsibility to make sure their pleadings are proper. If they are not, it is their responsibility to bring the errors to the attention of the court.

Court clerks will accept most motion applications and schedule a hearing quickly, however a judge will read your application; so make sure you include a The MPA should include your legal arguments to support your motion that references past cases, laws, and accurate statements of fact, declared under penalty of perjury.

If you have not submitted motions to the court yet, it is a good idea to look at previous motions at that court. If you look at 10 documentation sets from 10 lawsuits, you will probably find a motion example.

Every court has their own rules about captions and the format of documents, make sure you read the laws for your state and rules of your court.

A motion must identify the party bringing the motion, name the defendant party(s), state the basis for the motion and the relief sought, and if a pleading is challenged, state the specific portion challenged.

Additionally, motions must include the name and address of the party(s), the title of the court, the case number, the case name, the date, time, and department of the hearing, and your proof of service.

Motions often require supporting documents. A notice of motion should include the place of the scheduled hearing, the nature of the order being sought, the grounds for the motion, and the documents that support the motion. In California, see CCP 1010.

A motion may or may not be separate from the notice of the motion. Motions always must state who is requesting the proposed order, and specify the proposed order

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