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26 Cards in this Set
- Front
- Back
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Filed
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To become part of the court record
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Motions
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A request for an order from the court
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Moving Party
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The party making a motion
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Affidavit
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A statement under penalty of perjury sworn to before a notary
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Declaration
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A statement under penalty of perjury containing factual statements
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Responding Party
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The party opposing a motion
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Pleading
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The formal written allegations filed with the court by both sides in a lawsuit
Claims and defenses are clearly set out so that both parties are placed on notice of the position of the opposing party Include complaints, answers, counterclaims, cross claims, third party complaints, and responses |
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Demurrer
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A state-court pleading comparable to a motion to dismiss the complaint
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Jurisdiction
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The power of a court to hear cases and render judgements
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Venue
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The geographical area in which a case should be tried
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Service
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Proper delivery of papers to a party affected by legal proceeding
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Statement of undisputed material facts
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Statement required in a summary judgement motion in which the moving party lists facts not in dispute
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Acquittal
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Not guilty
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Standard of Review
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Criteria a court uses to review the merits of a motion or appeal
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Notice of Motion
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A document describing a motion and containing the date, time, and place of a hearing on that motion
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Interrogatories
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Method of discovery used in civil cases consisting of written questions from one party to another to which a response is required in a timely manner
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Deposition
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An out-of-court oral questioning of a witness or party in a case by an attorney
Answers to questions are under oath and a written or video transcript is prepared |
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What is the general purpose of motions?
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To seek an order from the court that is somehow related to the case
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Describe the general procedures for motions
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-After obtaining a hearing date from court, moving party serves opposing party with a memorandum of points and authorities & supporting documents describing motion, notify of hearing, and affidavits or declarations
-Responding party serves and files a memorandum of points and authorities and affidavits or declarations opposing the motion - Moving party files and serves a reply memo -Brief court hearing where judge hears arguments from attorneys -Judge issues an order |
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What are some common motions in civil cases?
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-Motions regarding the proceedings
-Discovery motions -Summary judgement motions -Motions for judgement as a matter of law -Motion for a new trial -Motion for relief from judgement or order |
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What are some common motions in criminal cases?
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-Motion for a change of venue
-Motion to suppress evidence -Discovery motions -Motion to dismiss -Motion for judgement of acquittal -Motion for new trial |
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Explain the importance of the grounds or basis for the granting of a motion
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When an attorney makes a motion, they have a very specific purpose or request
Before granting or denying a motion, the court must determine that it has a legal basis for the action it takes |
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Describe the research sources for determining the procedural requirements for motions
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Procedural issues include requirements such as format, time limits, and service requirements
Often found in local rules of court Some are found in the rule or code sections describing the motion. |
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What is the importance of local rules of court to research related to any motion?
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In most cases, you need to follow the procedure found in the local rules of court
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What is the purpose of an affidavit or declaration in relationship to motions?
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Evidence is presented to the court - written in the first person by an individual who has personal knowledge of the facts stated
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List some supporting documents that company a memorandum of points and authorities in support of a motion
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A notice of motion is required to be written by the moving party providing written notice of the time, place, and nature of the motion
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