Utah Plaintiff's Memorandum of Pints and Authorities in Support of It's Motion For Immediate Occupancy

A motion is a written or oral application to a court in a pending case seeking some sort of ruling or order. A petition, on the other hand, is always in writing, and is considered a pleading, used to commence a proceeding, or initiate a collateral one.

The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.

You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You serve (mail) your motion to the other side.

Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition. File the forms. Turn in your completed forms by mail or efiling. Serve the other party. Get ready for the hearing. Prepare an order.

Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages. In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages.

Create a legal heading for your motion. Capitalize your title head. Declare the facts. Write the memorandum using the law and legal precedent to plead your case. Conclude the motion with a brief summary of your request.

It is an informal record or outline of something which may or may not be detailed later. A "memorandum of law" may be prepared by an attorney to support a legal argument, which is similar to a brief but with less attention to legal writing formalities.

A document that cites (refers to) legal authorities such as statutes and court cases, and explains how those authorities support the position advocated by the party who wrote the memorandum. Often written to support a motion.

The legal and factual basis for an argument in a lawsuit. A party who wants the judge to rule a particular way on a motion often must submit a memorandum of points and authorities, in which the party argues that the facts, statutes, and relevant precedents support that party's position.