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Ask the court for a motion date. Identify and fill out your motion forms. Serve and file your motion forms. Confirm that you will attend the motion. Go to your motion hearing. Receive the judge's decision.
You must therefore write everything you want to say to the judge here in your declaration. To begin, you first need to identify what are the issues that you want decided by the court, for example, new custody orders or a change in the parenting schedule or the lowering of child support.
Continuances Based on Inadequate Time. Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Continuances Based on Changing the Indictment or Attorney. Continuances Based on Surprises.
Tell the Truth. A declaration is a written statement made under penalty of perjury. Know Your Audience. Organize for Effect. Be Specific. Stay Relevant. Don't Argue With the Opposing Side. Write Naturally; Make It Easy to Read. Put Emotion Aside.
Legal declarations by definition need to be truthful and accurate to the best of your knowledge. This means it is a good idea to back up any statements you make with documented evidence. Be specific, as declarations are usually about facts. Sign the letter to make it legally binding.
General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to
#1: Follow the California Rules of Court DECLARATIONS HAVE A 10 PAGE LIMIT #2: Use Your Own Words, Write Clearly, and Get to the Point. #3: Avoid Inflammatory Language and Don't Bash the Other Party. #4: Include Only Truthful Information That You Have Personal Knowledge of.
The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing.
The Notice of Motion usually begins with the caption that includes the court of jurisdiction, the docket number, and below the docket number, "Notice of Motion." It is usual to then write, "Please take Notice that the undersigned will bring a motion for (what you are asking the court for or to do)." Read the Local