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Proving Your Case Whatever the reason for being at court, you must convince the judge or magistrate that he or she should rule in your favor. This is done by providing sufficient documentary evidence and witness testimony. There are different standards of proof for various types of cases.
A motion must: Be in writing, unless the motion is made during hearing or trial; Specifically state the legal authority in rule and law that supports the request, and state the specific facts that support the request; and. State the relief sought from the court.
Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.
There are several different types of post-judgment motions, but the most common are motions for new trial, motions to vacate, and motions to set-aside. Motions for new trial, motions to vacate, and motions to set-aside are the three most common post-judgment motions.
A written motion in a civil action is made up of a set of documents, including: Notice of Motion; ? Motion; ? Brief in Support of Motion; ? Affidavit in Support of Motion; and ? Other Supporting Documents. Other documents may be required, depending on the court rule and/or law that apply to the type of motion you make.