Chapter 8 (Introduction to Motions) FINAL Flashcards
Memorandum of Points and Authorities
Document setting forth facts and legal authorities to support a motion
Reply
Response to opposition to a motion
Tentative Ruling
A ruling by the judge based on the written beliefs submitted by the parties and before oral argument is heard
Under Submission
/refers to the judge delaying decision on a motion until the judge has an opportunity for further consideration
Removal
Procedure to transfer action from state court to federal court
Procedural requirements for removal
a, Timing
b. Notice of removal
c. Filing a notice in state court
d. Further proceedings
Consent Order
Both parties draft an agreed-upon order that disposes of the motion.
Proof of Service
A certificate issued by a lawyer or non-lawyer, that states that service on the other parties has been made in a proper way.
Minute Order
In Federal court routine motions are usually decided by a minute order, which is a form in which the clerk makes an entry reflecting the ruling. The minute order is signed by the judge or stamped with the judge’s signature, and a copy is mailed to the lawyers.
If the motion is important, the judge may prepare a written opinion and order explaining the reasons for the ruling. OR the judge may ask that the prevailing party prepare an order for the judge’s signature.
Motion
An application to a court for an order. (they are a significant part of the litigation process - used to regulate the routine “housekeeping”) Every litigated matter will involve motions.
Notice of Motion
The notice of a motion must state, in the first paragraph, the type of order requested as well as the “grounds for issuance of the order.” The opening paragraph will also indicate where and when the motion will be heard. Rule 3.1110 of the CRC governs the formatting and filing of motions.
