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If one party to a case has filed a motion with the court, the other side can file an ?opposition.? An ?opposition? is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.
An Order to Show Cause orders the party to come to court to "show cause" or explain why the court should not punish him or her for not following the court's previous order or issue a bench warrant for their arrest.
Respond To A Motion The Right Way Determine Whether a Response is Needed. Not all motions require a response. ... Review the Motion. If you decide to respond, review the motion carefully and thoroughly. ... Research and Prepare. ... Structure Your Response. ... Craft Persuasive Arguments. ... Use Clear and Concise Language. ... Summarize.
A motion requests the Court to take action under a specific Federal Rule. To oppose a motion, you must prepare an affidavit or affirmation. You will title your submission as appropriate, for example: plaintiff s opposition to defendant's motion to dismiss or for summary judgment.
To serve the summons and complaint, you must either serve by: certified mail/restricted delivery/return receipt , or. hiring a process server.
You must include a summary of the legal basis for your opposition, explain the reason you are opposing the motion, and state what you would like the judge to order.
(g) Expedited Consideration. A party may move for expedited consideration of its principal motion by filing a second motion requesting relief in less time than would normally be required for the court to issue a decision.
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.