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A declaration's information can help the judge1 decide on the motion. At a hearing on a motion, the parties do not get much time to speak. You also usually cannot testify about facts in the case. Anything the judge needs to know to make a decision at the hearing should be in a declaration.
Code of Civil Procedure (?CCP?) section 1005 states the amount of time required to give notice of most motions. The moving papers must be personally given to each opposing side at least 21 days before the hearing on the motion, OR mailed to each opposing side at least 26 days before the hearing on the motion.
Code of Civil Procedure (?CCP?) section 1005 states the amount of time required to give notice of most motions. The moving papers must be personally given to each opposing side at least 21 days before the hearing on the motion, OR mailed to each opposing side at least 26 days before the hearing on the motion.
Follow these steps to file a motion: Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your motion. File the forms. Turn in your completed forms by mail or efiling. Serve the other party. ... Get ready for the hearing. ... Prepare an order.
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.