How does one file a motion in a court case?



Answers:
You create a document, including the notice of motion and the memorandum of points and authority, plus any necessary supporting affidavits. You put a caption block on each motion and notice. You set forth the nature of the motion in the notice, and the legal grounds in the memorandum. And you get a court date assigned by the clerk, so you can add that to the caption block.

Other than that very broad general answer, there are huge numbers of details that vary by state, and by court, and based on the type of motion and the type of case.

It's like asking "how does one cook a dinner" -- no simple answer beyond the very broad overview.


You can edit to tell us more. It is ambitious to try this without an attorney. As a minimum you might get someone to show yuou an example. It also depends on the type of court. In an eviction or a family matter the judge may be more forgiving - on the other hand in the types of caes where an attorney is assumed, the judge may not be forgiving - since amateur lawers do things wrong and waste the judges time and time is what the judge is very short on.

Nolo publishes books to help non lawyers go to trial - there are many examples of filing shown there - as a minimum go to Barnes and Noble and to the law book section and read a Nolo book on the subjedt you are dealing with. You may find your motion already there for you to copy.

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