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The Definite Guide to Motion To Set Aside Declaration Courts State Hi

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Instruction of Motion To Set Aside Declaration Courts State Hi

[Music].how can attorney Steve founder and.welcome back happy new year we are back.with our litigation whiteboard by.popular demand we had a lot of requests.for people wanting to see more.litigation whiteboard so 2018 I got a.lot of stuff in store too for you so.make sure you're subscribing to our.channel we're now up over five thousand.subscribers thank you all so much for.your support to spend a great 2017 and.we are here making the law more.understandable and more accessible okay.so let's head to the attorney Steve.litigation whiteboard okay so usually.you're used to my big whiteboard but we.are doing a modified version of this.today so we are talking in this video.about how to file a motion like a pro.filing a motion like a pro now in court.when you're in civil litigation motion.work is a lot of what you do it's not.it's not everything but you end up.filing a lot of motions well what is a.motion essentially a motion is asking.the court to do something you say well.for example you try to get discovery.from your say you're a plaintiff in a.copyright lawsuit and you're trying to.get discovery out of the other party the.defendant and they won't give it to you.and you've asked them for the documents.and the questions and they won't give it.to you well you may have to then go file.a motion with the court asking the court.to tell them to give you those documents.and so something like that is where you.would file a motion and you tell the.other attorney I'm gonna be filing a.motion on this so let's walk through.what I think are the seven key pieces of.filing a motion like a pro okay so let's.go over here first as I show up here.this says meet and confer now you.especially in federal court you want to.definitely be making sure you're taking.care of your meet and confer obligation.and the meet and confer is essentially.meeting with the other attorney or.calling them by phone and saying look.this is our position sometimes you're.going to be citing them the case law we.think we're going to get those documents.you better give them to us if not we're.gonna file a motion and the other.attorney may agree they may say okay.fine we'll give in or they may say take.it to the judge I don't I don't.with you I don't think the judge is.gonna do that so that's when you do your.meet and confer and sometimes you want.to I would say usually you want to.document that with an email to the other.attorney you know since you failed to.turn over the documents we're gonna be.filing a motion seeking sanctions.against you and your client okay.something like that if it's appropriate.okay so meet and confer is usually the.first step of the law and motion process.okay so meet and confer next you're.gonna want to make sure you check your.court dates you want to get a make sure.you get a court date now some of the.cases and I litigate in in California.predominantly but some of the cases you.know the courts are clogged they're full.and you may be several months out to try.to get a motion date so it's really.important to know what you can and can't.get so find out what the the nearest.court date is realize you need to give.you just say 35 days you want to get a.sufficient amount of notice to the other.party you can't file a motion you can't.file a motion and give them you know 10.days to respond prior to the court date.you have to give them a certain amount.of time in there I think a good rule.general rule of thumb is 35 days but.check your rules could differ in your.your courts and whatnot so get your.court date step number 2 get your court.date step 3 you file the motion now your.motion is essentially it's a pleading.it's on your pleading paper and it's.gonna be telling the judge here's what's.going on I need this I asked for that we.met and conferred they won't supply it.we believe were entitled to the.documents for example that's just one of.the motions there's other kinds of.motions sometimes parties want to extend.trial dates and if you don't they're.gonna say oh I'm going in ex parte on a.motion and ex parte on a motion just.means there's an emergency and you're.trying to get in there quicker and have.the judge hear the case quicker so so.your motion your motion is going to.consist of your legal arguments it's.going to I put some things down here.that might help you out rjn that's.requests for judicial notice you may.want to be making a request and we'll go.over that in another.video which I will be producing on that.that's a very popular topic but a.judicial notice is essentially things.that are so undisputable that the judge.would consider it to be evidence in the.case and the judge would consider your.request for judicial notice in ruling on.this motion okay declarations is another.one you may have a declaration under.penalty of perjury and that's where.you're telling the judge you know.somebody is swearing could be your.client could be a witness could be an.expert it could be an attorney.declaration something where you're.telling the judge under penalty of.perjury that something happened or these.are some relevant documents or whatnot.so the judge can consider that excuse me.in ruling on the motion so you want to.have your motion you want to have.excuse me any requests for judicial.notice any declarations I put here.points and authorities these are your.legal citations telling the judge why.you're entitled to get what you're.asking for so you're finding the case.law for example if you're in California.state court you want to be citing to.California state court cases if you're.in California federal court oftentimes.it's good to cite to federal court cases.but also state court cases so you want.to know who you want to know what you're.citing to and you want to ask for relief.make sure it's clear to the judge what.you're looking for the judge needs to.know what you're seeking for relief okay.so this is your documents that might.accompany your motion you can put a.proposed order in there which is what.usually you want to do a proposed order.that the judge could sign saying you.know you know having heard the oral.arguments of the parties the court.hereby orders defendant to turn over the.documents so you may want to prepare a.proposed order now always make sure.you're checking with your local your.court rules if your judge has any.particular rules make sure you're.checking on that check your local rules.and for example in California also want.to check your California rules of court.so there can be a lot of different.things you got to look into when you're.in litigation sometimes if you're in.proper.the judge could give you some leeway but.sometimes they don't so you want to do.make sure that you're doing the best job.possible now so bear in mind this is not.legal advice this is general legal.information only I should have said that.at the outset just so you know these are.generals so don't rely on this until you.do check all your rules okay so that's.step three is the motion with the.accompanying documents now step four is.what I have here the opposition and.these are documents by the way that's.why they're like that but so the other.party the defendant let's say you're.going to file and serve your motion on.the defendant could be a motion for.summary judgment for example so you're.you're you're serving that on your.opposition giving them sufficient amount.of time to respond so they're going to.respond.likewise they're going to be probably.saying everything you're saying is wrong.that they may have their own request for.judicial notice their own declarations.they're gonna have their own points and.authorities that are are contradicting.yours and or maybe distinguishing your.cases but they're going to be opposing.your motion so that's the next step in.the law in motion now after that the.plaintiff the party the moving party the.one that filed the motion is going to.file a reply.bear in mind also that there's page.limits on these you know you can't just.write 500 pages you're gonna put the.judge in the clerk's to sleep so you.know you may have page limits of 15.pages you may get more pages for summary.judgment motions being that it's could.be dispositive of the case and certain.now you also may have if you're over 10.pages for example in California courts.you may need to put a table of contents.and a table of authorities so one is a.table of contents about what your motion.is about the other is a table of.authorities which lists all the cases.that you're citing to in your points and.authorities okay so that's really key to.make sure because you don't want to.upset the judge if you have these local.rules you need to follow or rules of.court make sure you're not exceeding the.page limits okay so you got to look all.this stuff up that's why.can be a lot of work so then the.plaintiff is going to get the reply the.moving party gets to reply to the.opposition in California this is really.a short one this is you're talking about.five pages or less you can usually file.extra motions if you want to seek extra.page limit extensions if that's critical.to your case you have so much you need.to say you need more more pages to say.it then you file a motion for that if.you can't get the other party once again.to stipulate or agree to it which they.probably won't from there usually the.next step you're gonna see is the.tentative ruling this is not in all.courts but this is in a lot of courts.where they may issue a tentative ruling.on their website so you go to the.website before the hearing you could be.a day before it could be two days before.sometimes it's the day of and you want.to get that tentative ruling and read it.and see how the judge is gonna rule and.then some in some courts you can submit.on the tentative and avoid the hearing.in other courts they're just gonna set.it for a hearing and you can come in and.make your arguments at this point you're.arguing essentially your points and.authorities your evidence you're arguing.all these things and the judge is going.to make a decision and issue some sort.of order or make a final decision on the.case so those are your seven steps the.hearing being the last one that's where.you show up in court sometimes you can.get court call where you can appear by.phone on certain motions in certain.courts check on that and this is a lot.harder in federal court a lot of times.personal appearances are required so.that's a general overview of how it's.gonna go.that is filing motions like a pro that's.how we do it in the business again this.is general information this is not.exclusive there's a lot of other things.that can pop up during this process but.that gives you a good general overview.when you hear an attorney say oh well.you know I'm in law and motion or I'm on.the law in motion calendar this is the.stuff they're talking about okay so I.hope that's helped if you need help with.civil litigation you can find us here on.the web at attorney Steve calm if you.like this video if it helped out hit.that like button that helps us helps.keep.going here and to really join the party.here hit that subscribe button become a.subscriber to get our latest free legal.updates as we like to say be smarter.than your friends okay.attorney Steve wandering out Happy New.Year have a great year and we look.forward to talking with you again take.care now.

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