The Anatomy of a Motion
A well-written motion has at least three components aside from an identification of the pertinent facts. These three components are "the substantive law", "the procedural law" and "the evidentiary law".
The Substantive LawIn this section one would identify the substantive law that applies to the facts. For example, if you are filing a motion to compel (MTC) discovery which the opposing party has objected to on the grounds that it is allegedly protected by the attorney-client privilege, then you would include in you MTC:
1. Factual allegations about when discovery was served and when responses and objections were made by the opposing party.
2. Factual allegations about which discovery item is involved and that the opposing party objected on the grounds that the requested information is allegedly protected by the attorney-client privilege.
3. Identify the issue presented and the rule or case law that resolves the purportedly conflicting positions (i.e. the substantive law).
The Procedural LawUsing the MTC example, one would cite the particular rule of civil procedure which permits the moving party to file a motion to compel and a statement that the motion is being filed within the time period allotted for discovery.
The Evidentiary LawIf you are seeking legal fees as cost for filing the MTC, then you will need to include an attorney fee affidavit and cite the evidentiary law that permits an attorney to a present those fees by the way of a fee affidavit; as opposed to having to testify to his/her fees on the witness stand at the MTC hearing. Normally, affidavit testimony is considered hearsay unless there is an exception to the hearsay rule.
Other Parts of a MotionNormally, you would want to also include the following other parts:
An introduction, a prayer for relief, a certificate of conference, a request for hearing, and a certificate of service.
Finally, you will need to include a proposed order for the court's signature.