California General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion

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Multi-State
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US-01058BG
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Word; 
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Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion
  • Preview General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion

How to fill out General Form Of A Motion Of Defendant And Notice To Plaintiff Of Hearing On Motion?

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FAQ

Start by entering the necessary case information at the top of the template. This typically includes the court name, case number, parties involved, and the date of filing. Clearly state the purpose of the motion and provide a brief summary of the arguments or relief sought.

Code of Civil Procedure Section 1005 provides the deadlines for service of specified moving, opposition and reply papers. Under Section 1005(b), moving and supporting papers must be served at least 16 court days before the hearing.

Forms to Change a Child Support Order Using a Simplified Motion (Including Response Forms) You need to use either Form FL-150 or Form FL-155. ) to find out if you can use the simpler Form FL-155. A lawyer or family law facilitator can help you decide which form to use.

To respond to a Notice of Motion ((form FL-680) or an Order to Show Cause(form FL-683), your first step is to fill out a response form and a different form with information about your income and expenses. When you're done, you file both forms with the court and have a copy delivered to the other side.

You cannot waive child support in California because it is not in the best interest of the child. Children are dependent on their parents for care until they become adults, and this support requires money.

If you received a Notice of Motion (form FL-680) or an Order to Show Cause (form FL-683), it means the Local Child Support Agency (LCSA) has filed papers asking for a court date (a hearing). At the hearing, the court may make orders for child support or other issues.

A: The FL-685 - Response to A Governmental Motion or Order to Show Cause is filed by the party who is being brought before the court to pay child support or answer/respond to whatever the court motion is. The FL-150 - is the Income and Expense Declaration which is filed by both parents in a child support case.

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.

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California General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion