how to write great motions lawyer

When writing a motion, include a caption with the case number, introduction, supporting facts, conclusion, signature block, and, if required, certificate of service. On a court form, neatly fill in the blanks and at the end, sign your form. To file your motion, speak with a court clerk, schedule a hearing, and serve your motion to the other party.

Full Answer

How do I write a legal motion?

Writing and then formatting a legal motion is best done by a legal professional. Becoming familiar with the elements of legal motions and legal formatting assists you in being proactive in your legal needs. Review the types of courts to determine where you motion should be filed as there are several different types -- both civil and criminal.

How to write a motion to compel for a judge?

When writing a motion to compel for a judge, you want to make it persuasive. You don’t want to make it a chore to read. Honorable Randy Wilson, a District Judge out of Texas wrote an article in the Advocate juxtaposing two Motions to Compel.

What is a legal motion?

A legal motion is an all-purpose procedural device with which trial attorneys should be intimately acquainted. Submitting a motion enables you to approach the court directly and ask it to do something specific.

How do you write a motion for summary judgment?

To write a motion, you should begin by looking at sample motions to get an understanding of the format. Check if a motion is available. One common motion is a motion for summary judgment. You can bring the motion in certain circumstances and only at specific points in the law suit.

How do you write a good motion?

Writing motions that are specific, concise, and unique keep the meeting moving along fluidly. By understanding the type of motion you are making, taking time to think it through, and addressing potential objections, you can write a clear motion that will help members make an informed vote.

How do you write a brief in support of a motion?

For an effective brief in support of most motions, the Statement of Facts should cite support sentencebysentence. Including specific support for the facts has an added benefit. By focusing support factbyfact, a conscientious brief writer is better able to describe the facts with precise accuracy.

How do you organize a legal motion?

Motion Memorandum Outline ExampleIntroduction/Issue.Facts.Rule (e.g. standard for summary judgment)Analysis/Argument. Issue #1 Heading. Issue #1 (summary statement or paragraph) Rule (law that applies to your issue) ... Conclusion of Memo (summarize why the court should grant your motion)

What does it mean when a lawyer puts in a motion?

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony.

How do you write a good introduction for a legal brief?

Legal Writing Tip: Start Your Brief with a Solid IntroductionBegin with a paragraph or two explaining who the parties are; when, where, and how the dispute arose; what the question is (what the fight is over); and why your side is right. ... List three or four reasons why you should win.More items...•

What is the difference between a motion and a brief?

As a general principle, a motion asks a court to do something or to not do something. A "memorandum of law" or a "memorandum of points and authorities" "briefs" the court, i.e., explains to the court the legal authority, consisting of both decisional and statutory law, which supports the moving party's request.

How do you write a legal discussion?

Prior to your Analysis Subsections, you might begin your Discussion section with an Umbrella Paragraph that provides an overview of the law. In providing that overview, start off with a broad statement of the law, then narrow down to the more finite elements of the law and the issues that you will discuss in the memo.

How do you conclude a motion?

Add a conclusion. The conclusion is basic. You simply need to repeat your request for the judge to grant the motion. For example, you can state, "WHEREFORE, the plaintiff requests that the Court grant her request for a continuance."

How do you write a legal issue?

Legal Writing TipsIssue statements (sometimes referred to as Questions Presented) should:Be a single sentence.Be a question that can be answered "yes" or "no"State the names of the parties.Include enough facts to provide necessary context to the reader.

What is an example of a motion?

Examples Of Motion Our daily activities, like walking, running, closing the door, etc. involve motion. There is a change of position of the object involved in these activities. The flow of air in and out of our lungs is also an example of motion.

What are types of motion?

In the world of mechanics, there are four basic types of motion. These four are rotary, oscillating, linear and reciprocating.

How do you move motion in terms?

To move in terms, a lawyer simply introduces the motion to the court, stating the date on the motion paper and the date the same was filed, and then, sits down in order for the court to hear from the Counsel on the other side as to whether he would be opposing the application or not.

How to sign a motion in a letter?

Insert a signature block. Every motion must be signed. You should insert “Respectfully submitted” and then insert a line below for your signature.

What do you need to say in the second paragraph of a motion?

In the second paragraph you need to give the judge a legal reason to grant the motion. Judges are limited in what they can do. It is your responsibility to tell the judge the law or rule which allows the judge to grant your motion.

What is caption in a motion?

A caption includes the name of the court, the names of the parties, the case number, and sometimes either the judge’s name or the courtroom number. Take out another motion or court document filed in your case and copy the caption information from that document.

How to schedule a hearing?

If you need a hearing date, then some courts will have you fill out a Notice of Hearing form. You then will get a hearing date from the clerk and insert that information on the form. You must then send a copy of the notice to the other party along with a copy of your motion.

How to add a certificate of service to a motion?

Add a certificate of service, if necessary. You need to send a copy of the motion to the other party. You also need to certify to the court that you have sent a copy of the motion. In your certification, you should state the date you sent it and the method you used. Use a separate piece of paper.

What to do if you can't attend a trial?

If you can’t attend your trial in two weeks because you have been diagnosed with cancer and need to attend chemotherapy on that date, then get an affidavit from your doctor.

What is the opening paragraph of a continuance?

For example, if you are asking for a continuance, then the opening paragraph might read: “COMES NOW the Defendant, Sherry Adams, in the above captioned case, and respectfully requests that the court continue the matter set for June 22, 2016.”

What do lawyers need to write?

To be a skilled legal writer, lawyers need to be authoritative, credible, and persuasive in their writing . The following legal writing tips will help you improve your writing.

How to improve legal writing skills?

One of the most helpful legal writing tips to improve your legal writing skills is organizing your research into an outline. Starting with an outline will help keep your writing organized and focused. A good outline starts by detailing your topic, putting your most important information at the top.

How to structure a piece of writing?

The best way to structure any piece is by writing from the top down. Start by showing the reader what you’re writing about and why, then provide the arguments to support your case. Pick your best or most persuasive arguments to focus your writing on, then filter additional, supporting arguments thereafter.

What are some good legal research tools?

Some helpful legal research tools include FastCase, Legal Information Institute (LII), and CourtListener. Depending on the piece you’re writing, you may also find secondary sources such as legal dictionaries, law reports, and academic journals helpful in your research.

How to write a good first draft?

On your first draft, focus on capturing the right information. Make sure the information is complete and sufficient, and that the content flows nicely from one section to the next. Give yourself as many drafts as you need before your deadline. Also, give your writing some room to breathe by taking a break and coming back to it with fresh eyes.

What does knowing who you are writing for help with?

Knowing who you’re writing for will help shape the structure and tone of your piece. A judge, another attorney (including an opposing attorney), or a client will have different experiences and expectations that inform how they read your writing.

What is legal writing?

Legal writing is the type of writing used for documents that relate to legal matters. This includes briefs, contracts, memorandums, motions, and more.

Preparation

Preparation First, you want to use your computer and your printer to type your pleading (motion) up. It should be letter size paper and the font should be 12 point. Except for the top part, the style of the case, it should be at either 1.5 or double spaced.

The Style

The Style This is easy but it would help if you have another pleading in your case. Everyone who has ever looked at the first page of a legal pleading has seen a style of the case. In a criminal misdemeanor case, it is often difficult to find a pleading which has the proper style on it.

Style Continued

Style Continued Next, on the left side of the page you list the names of the parties. You have seen this before.

Paragraphs in Support

Paragraphs in Support Then, you list the reasons why you want the order or why you are entitled to it. You list these reasons in short, concise, simple sentences in numbered paragraphs. You presume the judge does not remember what the case is about so you inform him/her. Such as: 1.

Prayer Clause

Prayer Clause Finally, after listing the reasons why you want and are entitled to the order, you do a final paragraph which begins like this: Wherefore, the Petitioner (meaning you) respectfully requests the Court to issue an order requiring the Respondent to (do whatever it is that you want to court to do).

Certificate of Service

Certificate of Service The next paragraph is a statement that you have mailed a copy of the motion to either the other party or, if he or she is represented by an attorney, then to that attorney.

Notice of hearing

Notice of hearing You are not finished yet. You need to set your motion down for hearing in front of the judge. To do that you need a date and time. To get the date and time you must call the judge's judicial assistant at the judge's office.

What is a legal motion format?

Format for Writing a Legal Motion. A legal motion is used to ask a judge to take a specific action. Legal motions are used for many different kinds of relief. Writing and then formatting a legal motion is best done by a legal professional. Becoming familiar with the elements of legal motions and legal formatting assists you in being proactive in ...

Who is served with a copy of motion papers?

A copy of all your motion papers that you will file are to be served on the other party or the other party's attorneys (if you know who the attorney is). You must advise the Court that you have processed the service.

What is a notice of motion?

Notice of Motion. The Notice of Motion usually begins with the caption that includes the court of jurisdiction, the docket number, and below the docket number, "No tice of Motion.". It is usual to then write, "Please take Notice that the undersigned will bring a motion for (what you are asking the court for or to do).".

How to write an affidavit in support?

Write "Affidavit in Support" below the caption and docket number (following what you wrote on the motion). The Affidavit should, in short paragraphs that are numbered, explain why you believe you are entitled for the relief you are asking for. Exhibits can be attached to this affidavit.

What is a memo of law?

The Memorandum of Law should be titled and captioned, as are the other sections. The Memorandum of Law contains citations in support of your motion. Sometimes this section also includes a Statement of Undisputed Facts.

When did Richard Georges start writing?

Richard Georges began writing professionally in 1985 by creating business plans and proposals for venture capital groups in San Diego. He received a Bachelor of Business in accounting from San Francisco State University and pursued course work in creative writing and film.

Who surveyed judges about what they want to read in briefs and motions?

Guberman surveyed more than 1,000 state and federal trial and appellate judges about what they want to read in briefs and motions and wrote about it in “ Judges Speaking Softly: What They Long for When They Read ” in the Summer 2018 issue of Litigation Journal.

What does Guberman advise lawyers to do?

Summing up, Guberman advises lawyers to “shoot for strong, compelling, yet concise introductions; a restrained use of case law; and modern diction.”

What to avoid in briefs?

Stay classy. The judges agree briefs should show, not tell. “Avoid phrases and sentences that reflect a lack of civility. Don’t belittle the other side’s arguments but rather focus on your own strengths,” wrote one judge. Another warned that “words such as ‘clearly,’ ‘plainly,’ ‘obviously,’ ‘absurd,’… are crutches intended to prop up weak arguments that lack logical force.”

When writing a motion to compel for a judge, do you want to make it persuasive?

When writing a motion to compel for a judge, you want to make it persuasive. You don’t want to make it a chore to read. Honorable Randy Wilson, a District Judge out of Texas wrote an article in the Advocate juxtaposing two Motions to Compel.

Which version of motion does Judge Wilson prefer?

Judge Wilson prefers the modern version of the motion. I do too. But that doesn’t really matter unless you’re appearing in front of a judge like Judge Wilson. Many judges likely prefer the “old school” version of the motion and would not care for the modern approach.

Why was the second motion to compel this week a pleasure to read?

The second motion to compel this week was a pleasure to read because the movant made my job easy. It began essentially the same as the first; it identified the parties and gave a brief statement of facts of the case. However, rather than simply listing and reciting all the requests at issue, the movant lumped and categorized the requests in dispute by inserting this paragraph:

Draft a What?!

Demurrer, in limne, ex parte, duces tecum... when you're new to the law the different types of pleadings and motions can get very confusing, very fast.

Resources for Drafting Pleadings and Motions

Most procedural guides include advice on drafting motions and some are entirely focused on motions.

What Is Legal Writing?

Legal Writing Tips to Help You Get Started

• Tip 1: Understand your purpose
  What is the first and arguably most important legal writing tip? Understand the purpose of your writing. Ask yourself: Why are you writing this? What are you hoping to accomplish? What is the outcome you wish to achieve? Writing a contract may serve to inform, while court documentatio…
• Tip 2: Understand your audience
  Knowing who you’re writing for will help shape the structure and tone of your piece. A judge, another attorney (including an opposing attorney), or client will have different experiences and expectations that inform how they read your work. When it comes to your audience, keep the foll…

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