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Filing Motions To Resolve The Case Or Narrow Issues 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. The other side files a written opposition to your motion with the court.
How to Write a Kick-Ass Motion Make an Outline. Keep Your Motion Simple. Maintain Credibility. Mind Your Citations. Focus on Facts. Keep Your Intro Short. Respect the Opposition. Write in English, Not Legalese.
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
To argue that a trial court judge has manifested bias in the presentation of evidence, appellate counsel must demonstrate that the judge officiously and unnecessarily usurp[ed] the duties of the prosecutor and in so doing create[d] the impression that [they were] allying with the prosecution. (People v.
A peremptory challenge means that a party can file a motion to recuse and try to remove a judge on the basis that he/she is biased. When bringing a peremptory challenge, it is not necessary for the party to show that the judge is actually biased.
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