A motion must contain the following: (1) identity of the party bringing the motion; (2) identity of the party to whom it is addressed; (3) a brief statement of the basis for the motion and the relief sought; and (4) if a pleading is challenged, the specific portion challenged. (California Rules of Court ("CRC") 312(b).)
Notice of Motion
A notice of motion must be in writing and state: (1) when and where the motion will be made (date, time, and court location); (2) the nature of the order being sought and the grounds for issuance of such order; (3) the evidence or papers, if any, on which the motion will be based.
Memorandum of Points and Authorities
Typically a motion will be supported by a memorandum of points and authorities containing legal and factual arguments in support of the motion. The motion may also be supported by a declaration or affidavit and possibly exhibits (documents). Some courts also require the moving party to submit a proposed order to be signed by the judge in the event the motion is granted.
Proof of Service
A proof of service should be attached to the motion papers, although it can be served later. (If served later, it must be filed with the court no later than 5 calendar days before the hearing. CRC 3173(c).)
Opposition and Reply
The party opposing the motion may file and serve an Opposition. Like the motion, the opposition will contain a memorandum of points and authorities and, if appropriate, declaration(s) or affidavit(s). Currently, the Code of Civil Procedure requires an opposition to be filed no later than 9 court days before the hearing.
The moving party is allowed to file a Reply to the opposition no later than 5 court days before the hearing. (The time requirements for a motion for summary judgment are different. See CCP 437c.)
On the date designated for the hearing, the court will hear the motion -- i.e. preside over an oral argument. Many courts will issue a "tentative ruling" the day before the hearing or on the morning of the hearing based on the papers submitted. This allows counsel to present a more focused oral argument at the hearing or stipulate to the tentative ruling if s/he decides to accept the ruling. It is usually (but not always) an uphill battle to present a persuasive oral argument sufficient to cause the court to change its tentative ruling.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
What determines Avvo Rating?Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.