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Motion to Make Specific Findings of Fact and State Conclusions of Law...

San Diego California Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations

Name: San Diego California Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations
Brand: US Legal Forms
Rating: 4.76 (236 reviews)

Category:

Civil Procedure - Motions - Sample Motions

State:

Multi-State

County:

San Diego

Control #:

US-MOT-01429

Format:

Instant download

Description

This is a multi-state form covering the subject matter of the title. San Diego California Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations is an essential legal document used in family law cases within San Diego County. This motion aims to request the court to make specific factual findings and state legal conclusions based on the evidence presented in a domestic relations case. It ensures a transparent and fair judgment by compelling the court to provide a detailed analysis of the facts and legal principles behind its decision. The primary purpose of filing a Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations is to obtain a written, formalized explanation of the court's reasoning and legal basis for its ruling. This document is crucial in safeguarding the rights of litigants and ensuring proper review or potential appeals. In San Diego California, there might be different types or variations of the Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations, tailored to specific areas of domestic relations law, such as: 1. Child Custody Disputes: A version of this motion specifically designed for cases involving child custody and visitation arrangements. It allows parents to request that the court provide detailed factual findings and legal conclusions related to custody, visitation schedules, and other relevant matters. 2. Spousal Support (Alimony): A formulation of the motion intended for cases where spouses seek spousal support or alimony. It enables the court to make clear factual determinations and legal conclusions regarding the amount, duration, and nature of spousal support to be awarded. 3. Property Division: This motion type focuses on requests related to the division of marital assets and debts. Litigants can ask the court to provide detailed findings and legal conclusions about the equitable distribution of property, including real estate, financial accounts, and personal belongings. Note: While the main purpose of the Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations remains consistent, the titles and specific details of the motion may differ slightly depending on the court or jurisdiction.

San Diego California Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations is an essential legal document used in family law cases within San Diego County. This motion aims to request the court to make specific factual findings and state legal conclusions based on the evidence presented in a domestic relations case. It ensures a transparent and fair judgment by compelling the court to provide a detailed analysis of the facts and legal principles behind its decision. The primary purpose of filing a Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations is to obtain a written, formalized explanation of the court's reasoning and legal basis for its ruling. This document is crucial in safeguarding the rights of litigants and ensuring proper review or potential appeals. In San Diego California, there might be different types or variations of the Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations, tailored to specific areas of domestic relations law, such as: 1. Child Custody Disputes: A version of this motion specifically designed for cases involving child custody and visitation arrangements. It allows parents to request that the court provide detailed factual findings and legal conclusions related to custody, visitation schedules, and other relevant matters. 2. Spousal Support (Alimony): A formulation of the motion intended for cases where spouses seek spousal support or alimony. It enables the court to make clear factual determinations and legal conclusions regarding the amount, duration, and nature of spousal support to be awarded. 3. Property Division: This motion type focuses on requests related to the division of marital assets and debts. Litigants can ask the court to provide detailed findings and legal conclusions about the equitable distribution of property, including real estate, financial accounts, and personal belongings. Note: While the main purpose of the Motion to Make Specific Findings of Fact and State Conclusions of Law — Domestic Relations remains consistent, the titles and specific details of the motion may differ slightly depending on the court or jurisdiction.

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How to fill out San Diego California Motion To Make Specific Findings Of Fact And State Conclusions Of Law - Domestic Relations?

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FAQ

After many bench trials or the hearing of motions, the judge often will issue findings of fact and conclusions of law, especially if requested to do so by a party. These set forth the facts the judge found to be true and the conclusions of law he reached regarding those facts.

(d) Opposition to motion Any opposition to the motion must be served and filed within five days of service of the moving papers and may be no longer than 15 pages.

A conclusion of law determines what laws and how the laws apply to a particular case. These decisions often determine the outcome of a case, and they are usually the basis for review on appeal. A conclusion of law is to be contrasted with a conclusion of fact which can be made by a judge or jury.

If you wrote the findings of fact clearly and concisely, these will be a snap to write. Although you can use more complex sentences in the conclusions than in the findings of fact, keep them brief. Avoid simply quoting statutes, regulations or case law for the conclusions; instead, paraphrase the relevant law.

Motion: sixteen court days before the hearing date. Opposition: nine court days before the hearing date. Optional Reply: five court days before the hearing date. Pursuant to Local Rule 1.06, the court in most departments makes a tentative ruling on the motion by p.m. the court day before the hearing.

All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing.

1 Every California judge is familiar with the requirement to issue timely decisions under a constitu- tional provision (Article VI, Section 19) that sets a deadline for judicial decisions: 90 days after the matter is submitted for decision.

Motions to dismiss assert that the plaintiff's claim is irrelevant or invalid, but usually not based on the facts of the complaint. Motions to dismiss are filed for a range of reasons, which may include: Statute of limitations expiration: The case does not fall within California's time limit for filing.

(n) Findings Of Fact is the decision, opinion or observation arrived by a judge or jury on the issues related to the fact that are submitted for a decision of the court. The finding of facts ultimately influence the judgment.

Conclusion of fact (also referred to as finding of fact) refers to decisions made by the trier of fact on questions of fact in a case. Questions of fact arise when parties disagree on facts, and after presenting evidence, the trier of fact must decide what the facts actually are.

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Superior Court of California, County of San Mateo. Division V – Table of Contents i.Limited Civil cases do not have general policies or guidelines, but do adhere to state statutes and rules. Filing And Opposing A Motion. A handbook for NLRB trial examiners or administrative law judges has existed in various forms since the earliest days of the National Labor Relations Act. (b) Calendaring A Noticed Motion and Trial . Get free access to the complete judgment in Taylor v. Professor in the Statistics department at University of Toronto - St. The most pro-Jewish governor in America. Telephone: 01387 380 476.

San Diego California Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations

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