§ Form 10.10 Motions: Format and General Form

Form 10.10 Motions: Format and General Form

    [CAPTION]                                                                                  MOTION FOR
                                                                                                                           (Title of motion)
                                                                                                                            AND PROPOSED
                                                                                                                              ORDER   [FN1]

[Plaintiff]/[Defendant], (name), moves the court to enter an Order in the attached form (describe relief desired). This motion is made upon the ground (briefly state the grounds for the motion).

This motion is made pursuant to (cite the rule or statute authorizing the requested relief), and is based upon (state all pleadings, affidavits, or other materials evidencing the grounds for the motion), and upon the memorandum of law annexed hereto.

(date and signature block)

MEMORANDUM OF LAW [FN2]

(Set forth a brief recitation of the facts and legal authority entitling movant to the relief sought. Statements of fact should cite to the underlying pleading, affidavit, or other evidence of its truth.)

(date and signature block)

STATEMENT OF [OPPOSITION/NO OPPOSITION] TO [PARTY] MOTION TO (TITLE OF MOTION) [FN3]

The [attorney(s) of record for the] other party(s) to this action have advised the undersigned they [do not]/[intend to] oppose (name), [plaintiff]/[defendant's] pending motion (insert title of motion) [now set for hearing on the _______ day of _______, 19__ at __:_ _.M.]

[There being no opposition, the clerk is requested to [cancel the hearing now set for __:_ _.M. on the _______ day of _______, 19__; and] submit the motion to the court for ruling.]

REQUEST FOR HEARING

(A written request for hearing, including whether the hearing will be testimonial or non-testimonial and its expected duration, may be incorporated in the motion.)

NOTICE OF HEARING

(A Notice of Hearing may be included in the motion at this point (see Form 6.10, supra) or filed as a separate document if a date is available. See Rule 7(b)(3) and Form 10.20.)

(date and signature block)

ORDER

(A draft Order granting the relief requested must be incorporated or submitted separately as provided by Rule 7(b)(3).)

[FN1] Rule 7(b)(3) requires that a proposed order granting the relief requested must be filed with all Motions. The order may be included with the motion as here, or set out as a separate document with the appropriate caption and title.

[FN2] Rule 7(b)(3) also requires a Memorandum of Law which shall include citations and authorities. The memorandum may be included with the motion or set out as a separate document.

[FN3] A statement of opposition or non-opposition is required with motions for continuance and enlargement of time, Rule 7(b)(4). The statement may be included with the motion as here, or filed simultaneously as a separate document with the appropriate caption and title.