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Unless made orally during a hearing or trial, motions should be in writing, should state the action sought, and should set forth the facts. Motions are the primary way for litigants to ask the Court to take action in a case. They must be filed with the Clerk, and copies must be mailed to all opposing parties (L.R.
Form FL-300, Request for Order, is the basic form you need to file with the court. Depending on your request, you may need these additional forms: When specific Judicial Council forms must be used to ask the court for orders. For example, to ask: ? If you and the other party have an agreement.
A Petition, Declaration, and Order for Return of Property may be filed by any person whose property has been seized as a result of a search warrant or an arrest. The owner of the property may petition the court for return of their property whether or not a case has been filed with the court.
Section 1538.5 - Motion for return of property or to suppress evidence (a) (1) A defendant may move for the return of property or to suppress as evidence any tangible or intangible thing obtained as a result of a search or seizure on either of the following grounds: (A) The search or seizure without a warrant was ...
Step 1: Go to the district attorney's office or the courthouse to file. Step 2: Fill out the forms. Step 3: A judge will review your petition. Step 4: Service of process. Step 5: The hearing for a permanent protective order.
To file online, go to E-File Texas ( ) [11] and follow the instructions. To file in person, take your answer (and copies) to the district clerk's office in the county where the plaintiff filed the case. At the clerk's office: Turn in your answer form (and copies).
One way to do this is by mail, called mail service. This means another adult, not you, mails a copy of your Request to the other side.
California Penal Code §1536 provides that under certain circumstances a defendant may be able to move the Court (file a motion) to have property that was seized by the police returned to them.