This form is a sample letter in Word format covering the subject matter of the title of the form.
Motion Time Form With Date In California
Category:
State:
Multi-State
Control #:
US-0033LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony.
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.
You will have to formally prepare the Motion or oppose a Motion on pleading paper in ance with the law and California Rules of Court. There are no fillable forms. Motions are complicated. You may wish to seek the advice of a lawyer to be sure the documents are properly prepared.
Filing Motions To Resolve The Case Or Narrow Issues 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. The other side files a written opposition to your motion with the court.
Seek to lay out a summary of your position, which should include (1) what your argument is and (2) what you want the court to do. The more concise and simple you can make the introduction, the more the reader—the judge or their clerk—will be responsive to the more detailed arguments coming in the body of the motion.
Motions: 16 court days before hearing (+5 calendar days for mailing). If the mailing deadline (16+5 days) has passed, but there are still more than 16 court days before the hearing, you can have it served by personal delivery. If you miss the service deadline entirely, you will need to re-schedule your motion.
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 ...
If you need more time or can't attend your court date (hearing), you can ask to reschedule it. Unless you and the other side agree, you may need to give the court a good reason why you need to change the court date.
The request MUST BE SUPPORTED by a declaration signed under penalty of perjury that clearly explains the reasons for requesting a continuance and why the the timeline for a continuance is appropriate under the circumstances. The Court does not offer a form to request a continuance.
Ask at least 10 days before the court date if possible Generally, you can turn in a form to ask for a new court date and the court will make a decision and mail it to you. If the court date is less than 10 days away, though, you'll need to explain on the form why you waited so long to ask.
