What are the court procedures for filing a motion?

Filing a motion in civil court in California involves a few simple steps. A motion is a request for a court order or ruling on an issue in the case. First, the person filing the motion (known as the mover) must prepare and file the appropriate documents with the court. This includes the court filing fee, a Certificate of Service (showing that the other party was properly served with the motion), and a proposed order that the judge will sign if they grant the motion. Once the documents have been filed at the court, the mover must arrange to have the other party served with a copy of the motion and proposed order. The mover can use a process server, a registered mail, or a personal service to serve the other party. Then, the mover must file a “proof of service” with the court. This is a document that shows that the other party was properly served with the motion. The other party then has the opportunity to file an opposition to the motion with the court. This opposition includes any relevant arguments or legal authority. The mover may then file a reply to the opposition. Finally, the court schedules a hearing on the motion. The mover must appear at the hearing and present their argument. After hearing from both sides, the judge will then decide whether to grant or deny the motion.

Related FAQs

What is the standard of review for an appellate court?
What is a cross-complaint?
What are the elements of a civil lawsuit?
What is a motion for default judgment?
What is a motion for sanctions?
What is a motion for a permanent injunction?
What is a motion to intervene?
What are the court rules for a summary judgment hearing?
What is the burden of proof in civil cases?
What is a motion to change venue?

What are the court procedures for filing a motion?

Related FAQs

Related Blog Posts