how to file a motion without a lawyer

^{Part 1 of 3: Drafting Your Motion}

1. Look for forms. Many courts have fill-in-the-blank forms that you can use for your complaint or motion in this context.
2. Consider consulting an attorney. Although you don't need an attorney to file a motion for contempt, an experienced family law attorney may be able to best protect your rights ...
3. Gather information. If you have any documents that support your allegations, you may want to attach them to your motion.
4. Fill out the caption for your motion. The caption of your motion generally will be the same as the caption in the original case.
Write the body of your motion. The body of your motion tells the judge which orders the other parent isn't following.
Fill out any other required forms. If you don't have an attorney, some courts require you to file an appearance along with your motion.
Sign your documents. After you've signed everything, make sure you've made at least two copies of everything you plan to file with the court.

Full Answer

How do I file a motion in court without an attorney?

Jun 23, 2015 · 3 attorney answers. You can file a brief in opposition, but you have to be prepared to support your position with the facts, the law, and an appropriate legal analysis. You would be wise to retain an attorney. This answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice.

How to file a motion in court without an attorney?

Mar 16, 2019 · File a Motion in Court Without an AttorneyA motion is a request for a court to do something in a case that is currently open in that court. Therefore, a moti...

How do I petition the court without an attorney?

Aug 25, 2010 · Posted on Aug 25, 2010. There are no forms for such a motion. The only way to make a motion is to customize it to the situation and follow the rules of the courtroom you're in and Supreme Court Rule 201 (k). If you are appearing pro se, you'll be held accountable for having the same information about the rules of court, rules of law, and rules ...

Can you file a motion without your lawyer?

How Do I Start a Lawsuit Without an Attorney? Drafting the Complaint. You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit. You may also write your own complaint without using a court form.

How do you prepare a motion?

Does a motion need to be served?

How do you ask a judge to do something?

What is the purpose of a motion?

How do you write a legal motion sample?

What is an example of a motion?

What happens after a motion is filed in court?

What types of things do motions ask the court to do?

How do you move a motion in court terms?

What are the 4 types of motions?

What does it mean to file a motion in court?

What is the difference between a motion and a brief?

Can you file a brief in opposition?

You can file a brief in opposition, but you have to be prepared to support your position with the facts, the law, and an appropriate legal analysis. You would be wise to retain an attorney.

Can I file a motion against the opposing party on my own concerning the motion they filed?

"can I file a motion against the opposing party on my own concerning the motion they filed" - To counter their motion you would file an answer to their motion. Focus on the specific points they raise and their reasoning. If you must represent yourself, go to your county law library and do some research on motions for reconsideration. Good luck...

2 attorney answers

There are no forms for such a motion and each situation requires its own recitation of the facts and law. The practice of law is complicated and appearing pro se is not a good idea, even if you are an attorney. The best advice here is to get an attorney involved to guide you.

Steven M. Shape

There are no forms for such a motion and each situation requires its own recitation of the facts and law. The practice of law is complicated and appearing pro se is not a good idea, even if you are an attorney. The best advice here is to get an attorney involved to guide you.

What size paper do you need to file a complaint?

All complaints must be in English on 8-1/2” x 11” paper and include:

Do you have to notify the court of a change in contact information?

All litigants, including pro se litigants, are required to let the court and other parties to the lawsuit know if their contact information changes. This is to make sure that all case filings can be sent to the correct mail (or email) address. For this reason, you must inform the Pro Se Intake Unit in writing of any change to your contact information.

Can you request a summons without prepayment of fees?

If you request permission to proceed without prepayment of fees and your request is granted, the Pro Se Intake Unit will complete and issue a summons only if the assigned judge directs it to do so in an order of service.

What happens if you fail to support a motion?

If you fail to support your motion with a memorandum of points and authorities, the court could deny the motion because you have implicitly admitted there is no basis for it. (EDCR 2.20 (c); JCRLV 11 (a).)

What is a motion in civil court?

A “motion” is a written request to the judge that asks for a ruling on some issue in the case. (NRCP 7 (b); JCRCP 7 (b).) 1.

What happens if you lose a motion?

Motions are powerful tools, but they’re tricky. Winning a motion might win the entire case for you! But losing a motion could result in a money judgment against you. Click to visit Lawyers and Legal Help.

What is a notice of motion?

The “notice of motion” is where the court clerk inserts the date, time, and place the motion will be heard by the judge. When you “serve” (mail) the motion to the other side, the notice notifies the other side when the hearing will be held.

How long do you have to respond to an opposition?

If you are in the district court, you can file and serve a reply any time up to five business days before the hearing date. (EDCR 2.20 (h).)

How long does it take to respond to a court case?

If your case is in justice court, you can file and serve a reply within five business days after you receive the other side’s opposition (plus three extra calendar days if you receive the opposition by mail). (JCRLV 11 (c); RJCR 9 (4).)

What evidence is needed to support a motion?

Your evidence could be a contract, photographs, e-mails between the parties, or any other document that supports your position.

What is required in an injunction form?

In the form, you are required to state every condition that has led to that injunction request. They include; times, dates of the harassment or the neglects of the other party in doing what the court has asked him to do. When it comes to the complex cases, you may need to file additional paperwork.

What is an injunction hearing?

A legal order requiring one to withdraw from something or to act in a particular way is called an injunction. To petition an injunction hearing, you will fill the forms with the courts. People request this in many situations such as a tenant-landlord matter where the tenant needs the landlord to secure some safety hazard.

Can a judge know if you are a Republican or Democrat?

it is evident now that federal and state judges move with political intent .. the judge will know whether or not you are a Republican or Democrat , if you feel that you are being discriminated against because of your political views or your culture such as being a American Christian , which is now frowned on in the us. It would be best to file a lawsuit for constitutional rights violations against the state in which you live or against the United States..trying to sue the judge will be almost , if not impossible ! but you can file ethics complaint against the person you believe violated your constitutional rights.

Can you file an injunction without a lawyer?

You can easily file an injunction without a lawyer if you wish because it is as easy as ABC. However, you may not receive approval of the injunction immediately because the judge will cautiously weigh the injunction to know if the evidence and the facts are suitable for the court to handle. If after the review it is found that the injunction is without merit, or can cause harm to the other person, the court will withdraw from such case. Judges hate making a bad situation worse by filing a case concerning domestic violence without concrete evidence at first hearing. There might be retaliation by the other party especially when injunctions are filed, and the court rejects it. Therefore the judges will adhere to evidence and facts on the ground for making his decision according to the constitution.

What is arbitration?

Arbitration is a process in which the parties involved in a legal dispute agree to empower one or more individuals to render a decision about the legal dispute after receiving evidence and hearing arguments.

Here's a typical arbitration provision in a contract

A typical arbitration provision in a contractual agreement says something like: “All disputes or claims relating to or arising under this Contract will be settled with binding arbitration in [State XYZ|. Any court with competent jurisdiction may confirm the award.”

Where will the arbitration take place?

If your dispute is eligible for arbitration, another key issue is determining where you agreed to arbitrate the dispute. When you file your Motion to Compel Arbitration, it should be in the district where your arbitration is supposed to occur. You can figure this out by reviewing your arbitration provision.

State Court or Federal Court?

Another issue to address is whether to pursue arbitration in state court or federal court. The Federal Arbitration Act (“FAA”) is a federal statute, but it does not guarantee or mandate that someone seek arbitration in federal court.

AAA, JAMS, and Forum are the main arbitration providers

American Arbitation Association (AAA), JAMS Solutions, and Forum are the three primary arbitration organizations in the US. If your Motion to Compel Arbitration has been accepted by the court, it is very likely that your arbitration case will involve one of these three organizations.

Arbitration clause example

Here's a real example of an arbitration clause, as sited in a contract with Synchrony Bank:

Guides on How to Beat Every Debt Collector

Being sued by a different debt collector? We're making guides on how to beat each one.

What is the rule for motions concerning discovery?

Most importantly,before filing any such motion you must attempt to confer with the opposing party (or if the opposingparty is represented, his/her counsel) to resolve the dispute. Local Rule 37.1 governs motions relatingto discovery.

What is Local Rule 7.1?

For your convenience, Local Rule 7.1., which governs civil motions, is set out in full below. You should not rely exclusively on this rule, however, and are encouraged to obtain and review theFederal Rules of Civil Procedure and this Court’s Local Rules in full.

What should be the first paragraph of a motion?

The first paragraph of the motion should identify who you are, e.g., “I, Jane Doe, the Plaintiffin this action,” and should state precisely the relief that you are seeking, e.g., “I am requesting anextension of time to answer the Defendants’ discovery requests.” It is very important that you arespecific and concise about what you want so that the Court knows immediately what you areasking for.

What is a caption in a motion?

The caption is the description on the front of every document filed with the Court listing the Court, parties, and case number. Your motion must include a caption. The caption of a motion looksmuch like a complaint, except that in a motion you do not need to list all the plaintiffs and defendants. On a motion, you may list only the first plaintiff and first defendant followed by “et al.” in the caseof multiple plaintiffs and/or defendants. An example of a caption for a motion is set out below:

What is the first step in a lawsuit?

Filing and serving a complaint is the first step in a lawsuit. After that, if you want the Courtto do something related to your case, YOU MUST FILE A MOTION. You cannot obtain relieffrom the Court by calling the Judge or Clerk of Court.

Do all motions have to be accompanied by a supporting memorandum?

Generally. All motions must state precisely the relief requested. Except for routine motions--suchas motions for extension of time--each motion must be accompanied by a supporting memorandum. Failureto file a supporting memorandum may be grounds for denying the motion.