Law & Motion for Self Help Centers

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Law Motionfor Self Help Centers

• Monica Mitchell
• Superior Court, County of San Bernardino --
  Supervising Attorney, Self Help Services
• Jodi Prior
• Superior Court, County of Ventura -- Senior Court
  Attorney, Self-Help Legal Access Center
• Larry Meyer
• Law Library for San Bernardino County -- Director

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Todays Entertainment . . .

• Part 1 Understanding law motion
• Part 2 Using your new law motion skills in
  your self help center

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Objectives

• Understand principles of law motion
• Know where to look for information needed
• Obtain tools adaptable content to assist self
  represented litigants

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Newtons 1st Law of Motion

• Definition 1 First law of motion
• Unless acted upon by a net external force, a
  body, at rest, will remain at rest and a body, in
  motion, will remain in motion.

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What is law motion?

• law and motion calendar n. a court calendar in
  which only motions and special legal arguments
  are heard legal.dictionary.thefreedictionary.com
  
• law and motion calendar
• A description of the kinds of legal matters a
  particular judge or courtroom will hear that day,
  week, or any other block of time. The law and
  motion calendar consists of pretrial motions
  (such as a motion to compel the other side in a
  civil case to answer discovery requests) or other
  legal requests Nolo.com

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Motions by the Rules

• California Rules of Court
• Rules beginning with Rule 3. about motions
• Rules beginning with Rule 2. about format
• Code of Civil Procedure
• General info 1005
• Check statutes for specific motions

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Motion Defined, CRC 3.1112

• 1 Notice of Hearing
• 2 Motion
• 3 Memorandum of Points Authorities
• 4 Order lodged (check county) served with
  moving papers but not attached to them (CRC
  3.1113(n).

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1 Notice of Hearing
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Required Items in Notice

• California Rules of Court, CRC 3.1110
• 1st paragraph of notice must state the nature of
  the order being sought and the grounds for
  issuance of the order
• 1st page must state
• date/time/location
• Title of all attached documents (other than
  exhibits)
• Date of filing of action
• Trial date, if set

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How Much Notice is Needed?

• Written notice for motions CCP 1005
• Moving papers served filed at least 16 court
  days before the hearing
• If motion served by mail, then 16 court days
  extended -- by 5 calendar days if mailed to place
  in CA 10 calendar days if out of state or 20
  calendar days if out of the US
• If motion served by fax, express mail or
  overnight delivery, add 2 calendar days to 16
  court days

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Quick Tip Special Timing

• UD motions
• Motion to Quash Service or Stay or Dismiss Action
  defendants motion is heard not less than 3
  days but no more than 7 days after filing the
  notice

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Quick Tip Special Timing

• Summary Judgments, CCP 437c
• Cant file motion until 60 days after other party
  has made general appearance
• Served 75 days prior to hearing (add extra time
  for mailing or fax/overnight)
• Must be heard no later than 30 days prior to
  trial

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Quick Tip Special Timing

• Discovery Motions
• Motions concerning discovery issues must be heard
  prior to 15th day case is initially set for trial
  (CCP 2024.020)
• Motions regarding expert witnesses must be heard
  on or before the 10th day before the initial
  trial date (CCP 2024.030)
• Can file motion to extend the cut-off (CCP
  2024.050)

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What About Ex Partes?

• Must notify all parties no later than 10am the
  court day before the ex parte appearance, absent
  a showing of exceptional circumstances to justify
  a shorter time for notice. (CRC 3.1203)
• UD ex partes can be shorter, but must be
  reasonable amount of notice. (CRC 3.1203(b))

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Ex Parte or . . . OST

• When the court will not rule on the merits of the
  motion on an ex parte basis
• Court may, by application or on own motion, set a
  shorter time for filing and service of papers
  beyond the regular time
• Ex Parte Application for Order Shortening Time
  for Service of Notice of Motion

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2 Motion
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Required Elements of Motion

• Must identify the party (parties) bringing the
  motion
• Identify party to whom motion is addressed
• Briefly state the basis for the motion and relief
  sought
• If a pleading at issue, state which one (i.e.,
  Demurrer to 2nd Amended Complaint)
• CRC 3.1112

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3 Memorandum of Points Authorities
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Points Authorities

• The court may construe the absence of PsAs as an
  admission that the motion is not meritorious and
  cause for its denial. (CRC 3.113)
• Required elements within 15 page limit
• Statement of facts
• Concise statement of law
• Evidence arguments relied on
• Discussion of law cited

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Generic Points Authorities
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Opposing Ps As
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Getting a Hearing Date

• Reserving dates
• Finalizing
• Service

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Responding to the motion

• Timing
• Opposition 9 court days Reply 5 court days
• CCP 1005(b)
• Short service deadline, watch service delivery.
  CCP 1005(c) reasonably calculated for delivery
  close of business day after due date

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What else do you need to know?
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Testimony at Hearings

• Evidence restricted to declaration or Request for
  Judicial Notice, unless court orders otherwise
  for good cause. (CRC 3.1306(a).
• A person seeking to present oral evidence at the
  hearing must file no later than 3 court days
  prior to the hearing a written statement setting
  forth nature and extent of proposed oral
  evidence. (CRC 3.1306(b))

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Formatting Rules

• Specific items in California Rules of Court (see
  handout)
• Check your county for acceptability are your
  clerks looking for perfect?

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Looking at specific motions . . .
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Unlawful Detainer Set Aside Motion

• Venturas form
• Results in Ventura
• Results in other counties?

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Motions to Assist with Collection

• Motion for Payment of Judgment by Installments
• Motion in Limine to Exclude Evidence
• Notice of Motion and Motion for Assignment Order

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A Tale of Two Motions

• Guardianship Motions for Visitation
• Probate Code 1602 provides for former guardian
  visitation use Petition for Termination of
  Guardianship Judicial Council Form
• See CRC 7.1008 when visitation not ordered at
  termination
• Parental Visits --No Probate Code or CRC
  available for guidance
• Ventura San Bernardinos solutions

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Discovery Motions
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Family Law -- Visitation

• Petition for Family Visitation
• Petition for Grandparent Visitation

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How can you use this information at your self
help center?
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Ways to Use this Info . . .

• Take advantage of our efforts
• Instruct litigants about what to look for at the
  law library
• Craft your own motions
• Create new handouts

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Do It Yourself Ideas

• How to make a generic form
• Document principles
• Does it need to be a local form
• Submission protocol of your county
• Advance planning might need to submit 4 to 6
  months before next rules cycle

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Secrets of the Law Librarians
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Law Library Basics . . .

• Each County has a county Law Library
• Various size and quality of resources
• Located in or near Courthouses

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Resources at the law library

• Most include self-help material to more advanced
  treatises (many SRLs do master advance material)
• Staff trained to assist in finding material, not
  provide legal advice. Research guides
• May help alleviate some of the pressure on your
  resources

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Any Questions?