Jury Demand Form With Motion In California
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FAQ
For California small claims, you don't have to “serve” a demand letter. You just have to send the demand letter. You can send it by mail, email, or hand delivery, or you can text the demand letter.
Bringing a motion by notice usually gives the other side weeks to respond and sets no real deadline for the court to make a decision. If the movant cannot wait weeks, she may submit an order to show cause, asking the court to set tight deadlines for a response and to make a decision.
An Order issued by the court that a party appear in court on a specified date and time to give reason (show cause) why an order requested by the opposing party should not be made.
California Rules of Court Rule 4.545 offers some additional clarity, which provides, “the order to show cause is issued if the petitioner has made a prima facie showing that he or she is entitled to relief; it does not grant the relief requested. An order to show cause may also be referred to as 'granting the writ.
General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to ...
"Motion to strike jury demand" means that one party has requested a jury trial and the other party is objecting to the request for a jury based on some ground, such as it may be the type of proceeding that a jury is not mandated or that the party asking for a jury has no right to ask for a jury in this manner.
Your Response to the Order to Show Cause must show a good reason (“cause”) for not following the Court's rules, directions, or deadlines. You must also do anything else the Court tells you to do in the Order to Show Cause.
On the next court date, there will be a hearing to determine if you have indeed violated a previous written order of the court. If you are unable to show the Court that you have not violated the Order, then you will most likely be held in Contempt of Court.
An Order issued by the court that a party appear in court on a specified date and time to give reason (show cause) why an order requested by the opposing party should not be made.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
