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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.
Do be on time. Do give proper notice when filing a document with the court. Do prepare a notebook or file, keep everything related to your case organized. Do bring extra copies of all important documents so that you can give them to the judge and the other side.
A motion is a written request or proposal to the court to obtain an asked-for order, ruling, or direction.Courts usually have specific requirements for filing a motion, so either consult your attorney or look up the local court rules to understand what you will need as you move forward.
Dress neatly and respectfully, as if you were going to a job interview. Take all the papers that have been filed or served and any other documents that you will need to show to the judge. Take blank paper and a pen. Be on time. Turn off your cell phone or pager when you enter the courtroom.
Bring a water bottle, snack bar, breath mints (not gum), note pad, a couple of pens, a check book (in case you unexpectedly need to write the court clerk a check), and some quarters (in case you unexpectedly need to make photocopies) also, bring cash to pay for parking.
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.
A small claims case must be filed in the justice court where the defendant resides or where the claim arose (where the events happened). If the defendant resides or the claim arose within a municipality and if the municipality has a justice court, file the case in the municipal justice court.
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.
It is hard to generalize, but it is my experience that most judges do not read the motion papers until few days before the hearing date. By that time, all motion papers, including the opposition and...