This form is a Motion to Clarify and/or Reconsider and for a Protective Order. Defendant requests that the court clarify its order and reconsider the order. The defendant also requests a protective order against plaintiff's demand for discovery. The defendant respectfully submits a request for a hearing on the motion at the court's earliest opportunity.
California Motion to Clarify and / or Reconsider and for Protective order
State:
Multi-State
Control #:
US-MOT-01428
Format:
Word;
Rich Text
Instant download
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How to fill out Motion To Clarify And / Or Reconsider And For Protective Order?
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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.
The court may agree to your application if you: act promptly in applying to set aside the judgment (usually within 14 days); explain that you had a good reason for missing the hearing, and. would have had a reasonable prospect of success at the hearing.
Pursuant to California Code of Civil Procedure section 473, ?the court may, upon any terms as may be just, relieve a party?from a judgment.? An application to set aside a judgment under CCP 473 must be made within a ?reasonable time? and in no case may exceed six months.
A motion to reconsider must state with particularity the errors of fact or law in the prior Board decision, with appropriate citation to authority and the record. If a motion to reconsider is premised upon changes in the law, the motion should identify the changes and, where appropriate, provide copies of that law.
You must file a motion for reconsideration within 10 days of being served with the written notice of entry of the order you want the court to reconsider. The motion must also include an affidavit with information about the original order and the new facts, circumstances, or law.
Once a settlement agreement is entered as a judgment, the Family Code set-aside statute applies. The proper remedy to avoid the deal is a motion to set aside the judgment. There are two statutory frameworks for a family court to set aside a judgment: CCP section 473(b) and Family Code sections 2120-2129.
How to ask the judge to set aside an order Fill out forms. Fill out the Request for Order (form FL-300) ... Write out legal reasons and facts. You must write out what happened and the legal reason why the judge should set aside the order. ... Include a proposed response. ... Make copies and file your request. ... File your forms.
How do I file the motion? Get the form SC-135: Notice of Motion to Vacate Judgment. You must explain on the form why you did not come to court. File the form with the Small Claims Court Clerk's Office at the court where your case was heard. Pay the filing fee.
