1
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[Name]
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[Address]
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[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”.
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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
- 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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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.