I am filing a "motion to set aside default" on an Unlawful Detainer. Do I need to prepare a Proposed Order for the Judge to sign, with my motion?
It is a good practice to do so but it is not absolutely required, especially for a limited jurisdiction case.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Employment / Labor Attorney
Yes. Most courts require you to prepare and file a proposed order any time you bring a general law and motion matter, including ex parte applications. There are a few judges around that do not insist on it, but it is better to do it and be told it wasn't necessary.
Good luck to you
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Personal Injury Lawyer
I agree with Mr. Pederson and Mr. Chen. Additionally, always remember that you will almost never have your motion rejected because you included a proposed order when one was not required; however, there's a good chance that you will have it rejected if you didn't include a proposed order and one was required.