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Can you use a declaration to ask a judge to cancel a motion to vacate?

Manteca, CA |

Can you use a declaration to ask a judge to cancel a motion to vacate? or does the judge have to hear it and the declaration is just a statement of facts?

Attorney Answers 2


  1. Best answer

    A declaration merely provides facts in support of your opposition to the motion.


  2. Remember the judge or opposing counsel has a right to question you, show it to your counsel first.

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.