How to do Motions
Motions
There is no HEARING DATE OR TIME until either you or the other party files a Motion.
To have a Court Date and for the Judge to HEAR your case and to issue ORDERS, a MOTION
must be filed. The other party will file an OPPOSITION and COUNTERMOTION, then the person who did the MOTION will have the opportunity to file a REPLY TO OPPOSITION.
MOTIONS to Establish tell the court the HISTORY OF THE PARTIES.
There is a legal ARGUMENT with CITATIONS of LAW in the body of the MOTION.
There is an AFFIDAVIT included with the MOTION. The Affidavit must be signed and
notarized along with the Motion.
(There is usually a Notice of Motion along with the Motion which must also be signed as well as a submission cover sheet)
To help your paralegal or typist fill out your motion
A TIME-LINE-HISTORY helps to put things in order and to organize thoughts, notes, information and priorities.
For Example:
We met….. .in May of 1996 where we both worked at the time, Walmart.
We moved in…………… …….in winter of 1991
We got married …….on October 2l’st, 1998, in Lake Tahoe, CA.
We moved to Las Vegas……. …………….in the summer of 2004.
We separated………….. ………..last month when I discovered Sancho.
we had problems…examples, dates, times, etc.
WHO IS THE BETTER PARENT AND WHY. Why the other party should NOT have the primary or full custody of the child(ren).
BE BRIEF AND TO THE POINT!!!!
Give examples of what you claim, for example, don’t say ..she’s lazy…give an example such as ”she was so lazy that here is my exhibit which is a letter from the landlord threatening to evict us because the house was so dirty. I worked two jobs and she watching Jerry Springer all day and never took care of the kids”… etc.
or
“here is a letter from my sister who lived with us and who tells who cared for the children and who was the violent aggressor”…etc.
WHO TOOK CARE OF THE CHILDREN? WHY?
Give the USUAL CUSTODY ARRANGEMENTS.
Break it down to
Monday Tuesday Wednesday Thursday Friday, Saturday and Sunday
give the exact hours if you can.
Tell how the custody had been BEFORE you BROKE UP; Since you BROKE UP; and how it is
NOW. WHAT CHANGED and WHY.
then:
Your WORK HISTORY.
Where, for whom, what occupation, how long, WHAT DAYS AND TIMES YOU WORK and WHAT DAYS OFF you usually have. Give any information helping to establish who is AVAILABLE to care for children.
Her Work History with all above information that you have.
Give explanation and any HISTORY OF DOMESTIC VIOLENCE by either party.
Give explanation and any HISTORY OF DRUG OR ALCOHOL ABUSE by either party.
What happened is there recovery. If Domestic Violence, what actually happened? Who was the actual VIOLENT AGGRESSOR in the Home? How many acts of violence by the other party occurred before any by you ifever. etc any POLICE REPORTS. TPO’s, Proof of who was violent if anyone.
Tell WHAT YOU WANT.
GIVE US AN IDEA OF HOW YOU WOULD LIKE THINGS TO BE AND WHY YOU
SOUGHT HELP. WHAT ARE THE PROBLEMS YOU NEED RECTIFIED BY THE COURT.
Think of and submit if possible LETTERS, AFFIDAVITS, DOCUMENTS, REPORTS,
PHOTOS, etc. WHICH CAN SUBSTANTIATE YOUR CLAIMS.
If you are submitting photos of say, your living arrangements, then make COLOR COPIES.
Make four COPIES putting two or three photos on each page. SHOW ONLY WHAT
SUPPORTS YOUR CASE.
Do NOT give INFORMATION to the public that you do NOT WANT used AGAINST YOU.
Remernber, you can do a SUPPLEMENTAL EXHIBIT or a SUPPLEMENTAL AFFIDAVIT after the filing of the MOTION to further support your claims.
CONSULT WITH ATTORNEYS YOU ARE REFERRED TO ONCE YOUR MOTION IS
FII-ED OR BEFORE IF POSSIBLE.
MAKE USE OF THE ATTORNEYS WHO OFFER YOU THEIR TIME AND LEGAL
EXPERTISE.
