Law & Legal & Attorney Wills & trusts

How to Write Legal Motions

    Formatting a Motion

    • 1). Use paper that is formatted with line numbers on the left-side margin.

    • 2). Type using double space.

    • 3). Leave approximately a 3-inch margin at the top of the first page.

    • 4). Use the same heading that was used on the initial court filing, changing the title to describe your motion; for example, "Motion to Compel Discovery."

    • 5). Include in the header whether you are requesting an oral argument and, if you are, how much court time you expect the matter to take and that you would like official court reporting services.

    • 6). Add a footer that restates the title of your motion.

    Writing a Motion

    • 1). Begin your motion by informing the court of your role in the case, your name, and what you want; for example, "COMES NOW Respondent, Your Name, pro se and moves this Court for an Order compelling Petitioner to provide discovery." Some of the capitalization may seem odd, but you are not yelling at the court and you would not be over-capitalizing in this example. "Pro se" simply means that you are representing yourself.

    • 2). Explain to the court why your motion should be granted, numbering your "paragraphs" as you go and centering each number above the text. Each paragraph should contain only one point or reason.

    • 3). Include a paragraph titled "POINTS AND AUTHORITIES" and list the legal authority that supports your motion. If your motion is also supported by an affidavit, include that information here, letting the court know that it is filed "herein," or concurrently.

    • 4). Make a "prayer" for the relief you seek; for example, "WHEREFORE, Respondent prays for an Order compelling discovery and sanctioning the Petitioner for his failure to have done so."

    • 5). Leave space to sign and date the motion, listing your contact information beneath the signature line.

    Finalizing the Motion

    • 1). Print three copies. One is for the court; one is for the other party; and one is for your file.

    • 2). Sign and date the "original" for the court. You can indicate that you signed the original by writing "/s/" above the signature line on the other two copies.

    • 3). Certify the copies as "true" by writing "True Copy" at the top of each document and signing your name beneath.

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