1

______

[Name]

______

[Address]

______

[Telephone Number]

Petitioner or Plaintiff

Respondent or Defendant [Check one]

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ______

)Case No. ______

______)

)NOTICE OF MOTION

Petitioner or Plaintiff or Case Title)AND MOTION TO (OR FOR)

)

vs.)______

)

______,)______

)

Respondent or Defendant or Blank.)______;

)

______)MEMORANDUM OF POINTS AND

AUTHORITIES; DECLARATION(S);

ORDER AFTER HEARING

To ______[and to ______his or her attorney of record:]

NOTICE IS HEREBY GIVEN that, on ______, 2003 at ______a.m. or p.m., or as soon thereafter as the matter may be heard, in Department _____ of this court, located at ______, California ______will, and hereby does, move for an order

Identity of Moving Party

______.The motion will be made on the grounds that ______. The motion will be based on this notice of motion, on the attached declaration(s) of

[1.] ______(required) [2.] ______and [3.] ______(if available) , on the memorandum of points and authorities served and filed herewith, on the records and file herein, and on such evidence as may be presented at the hearing of the motion.

Dated: ______, 2003

______

[Signature]

______

[Print Name]

MEMORANDUM OF POINTS AND AUTHORITIES

1. Statement of Facts. In the spaces provided on the following page, recite the facts of your case that are relevant to the motion you are making. Remember: You need to file one or more Declarations in addition to the Motion you are making on this form at the same time you file your Motion. Personal knowledge in a Statement of Facts is demonstrated by citing to the Declaration(s) you offer. Declarations may be made on Judicial Council Forms MC-030 [Declaration] or MC-031 [Attached Declaration]. Organize your thoughts carefully and write truthfully. Avoid where possible such statements as “I think” and “I feel”.

______

the movant’s statement of facts

2. Statutory Authority. Supply California Code sections or Court Rules that support your motion, by Name of Code, with the Section Number following, in the spaces below.

______Code section ______

______Code section ______

______Code section ______

and/orCalifornia Rules of Court, Rule ______

and/orLocal Rule ______of the ______County Local Rules of Ct

  1. Case Authority. Supply the Names of the Cases that support your motion in the spaces below. Only use officially-published cases. Cite only to the Reporters abbrev. as Cal., Cal.2d, Cal.3d, Cal.4th, Cal.App., Cal.App.2d, Cal.App.3d, Cal.App.4th, C.C.C., F., F.2d, F.3d, F.Supp., F.Supp.2d, L.Ed, L.Ed.2d, U.S.

______( ) ______

Case Title Year Vol. (of) Reporter Name (at) Page

______( ) ______

Case Title Year Vol. Reporter Name Page

______( ) ______

Case Title Year Vol. Reporter Name Page

4. Legal Argument. Explain why the California Code section(s) and/or the Rules and/or the Case(s) you cited support the relief requested. In making your written presentation, be sure to refer to the relevant statements you supplied in the Statement of Facts (above) and in the declaration(s) you supplied to support it. If you run out of space, attach one or more “Additional Page” Judicial Council Forms [Forms MC-020] behind the following page and continue.

______

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______

______

______

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the movant’s legal argument - page 1 of ___

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 Continued on an attached Judicial Council Form MC-020 Additional Page

Check this box if you are attaching an Additional Page

the movant’s legal argument - page 2 of ___

5. Moving Party’s Request. Based on the foregoing authorities, ______[party making motion] respectfully requests an order granting his/her motion to (or for) ______

______.

Dated: ______, 2003

______

[Signature]

______

[Print Name]

______

[Name]

______

[Address]

______

[Telephone Number]

Petitioner or Plaintiff

Respondent or Defendant [Check one]

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ______

______)

)Case No. ______

Petitioner or Plaintiff or Case Title)

vs.)ORDER AFTER HEARING

)

______,)

)

Respondent or Defendant or Blank.)

______)

The motion of ______[party making motion] for an order

______

came on regularly for a hearing by the court on ______, 2003.

Petitioner or Plaintiff present  not present. [leave all boxes blank for judge]

Respondent or Defendant present  not present.

On proof made to the satisfaction of the court that the motion ought to be

 granted or  denied, IT IS ORDERED that the motion be, and hereby is, ______.

Dated: ______, 2003

______

Judge of the Superior Court

© 2003 Council of California County Law Librarians. Intended for individual uses where permitted by Local Rule or custom. Permission to copy for individual uses is granted. Before using this Form, all users are advised of the fact that certain Motions must be made in a format that is other-than that which is supplied on this Form. With respect to the requirements for making a particular Motion, the advice of an attorney should be sought at all times. Before using this Form, ask the Law Librarian to provide you with suitable additional references.