Attorney Steve discusses how to file a motion like a PRO
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In this episode of Litigation Whiteboard, Attorney Steve discusses how to file a motion in California court like a pro. Rules may vary from jurisdiction to jurisdiction and this is general legal information only and not legal advice.
The 7 main steps of filing a motion are discussed
1. Meet and confer
2. Getting the court date
3. Filing the motion (request for judicial notice, declarations, proposed order)
4. The opposition brief (and page limits)
5. The Reply
6. Tentative rulings
7. The hearing
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Because of you I was able to get custody of my daughter 2012 F 1076!! Thanks
congratulations!!
Wow, I had 5,000 subscribers just three years ago. Thank you all for watching and supporting my channel. It means the world to me. Steve
I live in Sarasota Florida and it was suggested I file a motion about my suspended license so I start by writing a letter and mailing it or do I take to clerks office
Now you have over 42,000 subscribers :)
You could tell Steve wins because his presentation style is top notch.
Thank you!! Steve
I LOVE that this video has had such a WARM reception. Thank you all!! I give you my all. Steve
As a Moorish American. I got to say thank you for the understanding.
You are welcome!!
Revisited again...thanks Steve...i know you're busy..pro se's thank you deeply...
Thank you! I will never stop.....busy yes, but I will continue to deliver!! SV
So how would this process work for relocating children to a different state?
@@attorneysteve your channel is a gold mine. I swear you ALWAYS deliver in your videos. As a pro se who is aiming to perform at the level of a licensed attorney, I just want to say thank you, for everything and for all of your content🙏🏾
Steve, I've tuned into a few of your videos in the past and again now. Thank you for your SHORT, TO THE POINT VIDEOS (unlike 99% of the others out there) with great information.
Thanks Terry, I like to say only that which I believe needs to be said to cover a topic. In and Out!! Thanks for the comment! Steve
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.
Common pre-trial motions include:
• Motion to Dismiss - an attempt to get the judge to dismiss a charge or the case. This may be done if there is not enough evidence, if the alleged facts do not amount to a crime.
• Motion to Suppress - an attempt to keep certain statements or evidence from being introduced as evidence. For example, if police conducted a search without probable cause (in violation of the Fourth Amendment), it may be possible to suppress the evidence found as a result of that search.
• Motion for Change of Venue - may be made for various reasons including pre-trial publicity. If the local news has covered the case a great deal, it may be necessary to move the trial to another venue to protect the defendant’s right to an impartial jury.
Best lawyer on CZcams! Thanks, Steve!
Aw thanks!!! Steve
You sir were born to be a teacher, i subscribed already
Thanks Marco, I really enjoy it! Steve
Thank you, this will help me to finish up a court case even before the hearing, you are awesome
Really great info again, Steve. We in the Pro Se world are very grateful.
Thanks Steve. I’m handling a civil unlimited case Pre Se. This helps me tremendously.
Glad to hear!! Best of luck. Steve
Your videos are great, Attorney Steve. I would love to sit in during one of your trials.
This man is amazing! What a teacher on "general info" Ty Att. Steve~!
Thank you!! SV : )
Steve these videos are great! Not being from California it’s not reasonable to call you but I’d just like to throw a huge Thank You for the time taken to help us out! It’s greatly appreciated!
I appreciate that!! Steve
I just had this idea to see if any lawyers have a CZcams channel to help me figure out how to beat this case I have no legal experience at all but I want to be a lawyer I’m starting school from the beginning soon I’m so blessed to have found this channel thank you Steve
Who is the claimant? Who are you defending against? Have you caused any harm, loss, injury to anyone? What facts and evidence do they have?
Thank you I had a case and I your videos helped tremendously you are one of the best resources on the internet for the layperson. I didn't thank you then because I was up to my eye balls at the time, I was able to get seven charges of which I was innocent dismissed. Thank you for helping me get a fightingl chance.
Thank you, Steve - that was wonderful! :)
Writing this in Feb 2024: new subscriber!! 🎉
congratulations on the 5K mark! fantastic accomplishment!
Steve, I so love your videos. Thank you for taking the time to educate.
Thank you Belinda, that really means a lot!! Steve
I concur, you are talented at teaching. I have watched a lot of videos and this is by far the best one so far!
Thank you Edward. Appreciate the kind words!!!
Thank you for keeping it simple Steve!!! Good presentation
Thanks Sarah, I like the KISS principle......keep it simple!!! : ). Steve
Steve, your videos are outstanding. Especially those pertaining to HOA's . But, attempting to make a contact with you is impossible... Even attempting to get a HOA Member advocate attorney referral has been impossible... Attorneys prefer to solely represent the Management Companies and Board of Directors. I would bet that you have dozens of attorney contacts that would represent members of an HOA. Please share...
Loved this man's presentation....thank you!
Cool, thank you!!
Great info and clearly explained thank you Steve.
My pleasure Kevin, glad you liked it! Steve
By far the best and most informative video I've seen on filing a motion.
Wow, I appreciate that!! Steve
@@attorneysteve I filed the motion it was accepted, however the Judge didn’t rule on it because I haven’t been served.
Very good information. Now I know why the lawyer I was consulting about a motion wanted to charge me $3500 retainer fee. This is a good amount of work.
it's very true
This is a very well done video and a great presentation. Good job!
Awesome!!! I love that. Thank you!! Steve
Great personality, thank you for all the information.
Thank you for everything you do Mr. Vondran
You are welcome! Stay tuned for more goodies!! Steve
Hello Steve. I currently have an open small claims case here in Phoenix, AZ. The company I am suing just filed a motion to defend this lawsuit by telephone since they are out of state. Would it be beneficial to file a motion to compel them to be physically present at the hearing? If so what motion and statute would I file here in AZ in the AZ rules of civil procedure to compel their representative to be physically present to defend?
Miss u man....hope all is well....great teacher...next teach us unwritten rules to litigation...thanks for all your videos...
Hi Steve. This is great. Thank you!
Thanks Damon, appreciate the feedback! Steve
This is one of the most helpful videos I've seen. As a forced pro se, I've watched hundreds. Thanks and God bless you.
Thanks for the feedback, I am super glad to hear that!! All the best, Steve
Same
Thank you. Great quick summery.
I really wish I had stumbled across your videos earlier. This is all great stuff. I will be contacting your firm in the near future. Thanks again.
Sounds great Damian! SV
After losing in NC court of appeals. Where do I file motion for appriorate release
What happens, if the court is not responding to your paperwork? For example, never received a notice to appear in court. However, I was put in default judgment. I have submitted a motion to vacate judgment and purposed order to dismiss the case with prejudice. Now, I receive monthly invoice.
That’s what I’m going through now judge didn’t acknowledge nothing I filed I’m in garnishment now smh thinkin about contacting the state attorney general becuz it’s violating rights
Great information and overview. Thanks.
Love the name!!! Thank you. Steve
Thank You Mr. Steve.
I've Subscribed So Please Keep'em Coming
Yes sir! I've got big plans for this year!! Welcome aboard! SV
Super advice, thanks Steve.
This was very helpful thank you so much!
you are welcome!! Steve
Great job keep it going 👍👍👍
If the party filing the motion doesn't request a hearing on their motion, then can you request a hearing on their motion?
This is great, thank you so much!
I love your channel Steve! I struggle putting CA civil procedure into real life context, but your videos helped me get an A on my law school final 🥶
Hi Michelle, I am so happy to hear that. I remember feeling overwhelmed with CIV PRO and other courses, so excited to hear about your "A"!! Keep up the great work. Steve
Yay, now Michelle is going to be able to guide us and give us great advice... 😊
Haha, I need that law license first! I'll be back in 1 year :) @@maryjean-vb8bm
🙏🏾 Prayer for Relief
Thanks again
You are great as usual, Sir.
I appreciate the feedback, thank you!!! Steve
People, stop asking for specifics for your issue. Jeezaloo, this is informational. Use his guidance to apply to your issue.
You are a GEM, thank you!!! Steve
Hey do you have a sample of a Notice of Motion to Cancel/lift Notice of Pendency? Or know where I can find this?
Great video! Thank you.
Glad you liked it, thanks Jack!! SV
Thank you Steve, great video I got alot of information out of it, I was wondering if I'm disputing a case in arbitration, should the motions be the same as in federal court or is it less intense ?
The same use language to honor the court
You are the best Attorney Steve! Do you have a link for any good complain format's? Mahalo!
Hello sir do you have a video Showing how to put together and whats needed to make up a Motion in Civil Litigation.
Like Explaining Substantive Law, Procedural Law , & Evidentiary Law. And its place in the motion.
Hello. There was no meeting to confer in my case (I'm the plantiff). yet they sent request today for discovery. Can't I set motion for dismissal and what does it look like? Also, I was reended at a stop. The driver was mot the owner of vehicle and the owners insurance is disputing with little settlement. I filed against the driver; isn't it my legal right to do that, regardless of the owner insurance? Thoughts?
I haven't watched your tunnel in a long time and I realize I was missing out
Welcome back!! Steve
Steve you’re the man!!
I appreciate that!! Steve
Thank you Steve for the valuable legal information you give on on your channel! I have learned quite a lot from watching your channel. Question for you. Could you explain the sanction on frivolous law suits and frivolous motions or could you do something on your channel on that.
Keep up the Excellent channel Steve!
Sanctions, yes, good topic. I will add it to my list! Thanks for the comment. SV
Thank you Steve!
I’m trying to find how to file a motion to object to a motion by plaintiff to dismiss without prejudice. What are the objections one can make to oppose that motion.
Excellent video. Thank you.
Thanks for the comments!!
I just love how some of his videos he changes his writing hand.
Thank you Steve!!
You are welcome buddy!! SV
Thank you so much I've been getting messed around for about 6 months.
You are welcome!
Can you Email a request for Discovery to the prosecutor of a Traffic ticket,
I have a question I ask the judge for extension for the trial and he approved and set the date but the plaintiff opssed and want to have proof for my trip and deposit the money she is suing for ....can she do this .. do I have to provide her with all she asked or just the court ? Please advice
do you have anything for a MOTION TO POSTPONE a sale of a home in divorce? we have a hearing on my motion to reconsider but i have to stop the sale in the mean time. Please help?
I need to file a motion of continuance for defense of my civil restraining order. After I complete the paperwork who exactly do I send it to? It's hard to find a lawyer for my case , and I still need time to find a lawyer to help me with evidence. I have a open investigation against me and I don't want to incriminate myself in this restraining order case. Any recommendations or tips to file continuance myself?
Hey Steve could we get a detailed overview of Motion in limine in the litigation Warriors series 2018?
Yes, motion in limine is on my list, coming up shortly!! Attorney Steve
Does anyone know any laws from north Dakota I could put on my motion judge wrote me a letter saying I need this like account number is wrong no privacy statement. Any help please
insightful
Thank you!
You are welcome Tanya! Steve
How would you file a motion to contend the estate assessments value of a DE 160 - DE 161?
Hello, Mr. Attorney. I need medical records & camera evidence of an incident that happened in a hospital, can I subpoena BOTH on the SAME form ? Thank you, sir, for your enlightment.
where can I find PDF template for Discovery and other motions?
You're the best! 👌
Yahooo!! Thank you. SV
IV been to almost 100 child custody hearings in California. I have never seen a numbered list of complaints
(1) that sucks
(2) added difficulty addressing each
accusation
(3) IV made several oral motions to amend .
All ammend motions have been denied
I’m trying to learn how to write motions the motion that I’m trying learn how to write is the motion of identification is there a book on how to write or can u teach me on a video
Do you cite cases pertaining to the motion itself? meaning a similar case asked for the same relief in their motion? If so how do you find those cases because all the cases are pertaining to full trial and don't usually discuss motions unless you get the case transcripts and full history or are you just citing a case that supports your argument in the motion?
How many times can you submit evidence after your motion noting date?
This video is like a birds nest in my reel. Litigation is like unraveling the birds nest, in hopes it comes out as a success.
interesting analogy!
My ex wife has messaged me and told me that our 15-year-old son wants to live with me and that she's not fighting it and to draft up paperwork that she can sign. Previously I drafted our divorce case myself as well as our previous custody order. Since this will be an AGREED arrangement, what would I need to do?How I would I word it? Thank you!
That is the biggest microphone I've ever seen in my life! LOL
Does there have to be an actual complaint filed in order to file various motions .
CAn I file a motion, a motion to rule on anything or does it have to be within the rules of federal rules of civil procedure?
What are your thoughts on filing a Motion To Determine Confidentiality of Court Records, Filing a Motion Requesting That The Information be Deemed Confidential or submitting a Request For Confidential Filing of Address on a Closed Misdemeanor Case and Closed Injunction Case?
Hello my friend. I have motor vehicle issues and I can’t afford a lawyer I live in Connecticut. I saw the judge and he nallyed my case comes to show they said I never showed up even when the judge threw out the case and said had a good life. I was told I need to file a motion to vacate re arrest. Is this something I get the court date that day? Is it something I can do without a lawyer? Should I plan to be there all day?? Please help and thank you so much!
Hi, I do not know anything about CT law, and not licensed there. Your best bet is to try to contact a lawyer in your state to see if they can get your questions answered. Good luck!! SV
I have filed a suit Pro se against my local government. It was dismissed because I did not demonstrate how any action from city violated my rights under color of law. I figured what I did wrong and appealed. The Appellee were instructed to provide notice of Counsel by a certain date. They missed that deadline by 2 days, and have not notified me.
Can I file a motion to grant my appeal due to missing deadline, and not requesting and extension of time?
Steve, Thank you. What bothers me is it takes an officer 20 mins to falsely cite me for an offense. I MUST appear in court or pay the fine of $100. I earn $100 after taxes for a day of work. So if I fight the wrongful citation I have to appear in court. That costs me $100 in wages. I enter my plea of Not Guilty and the court orders bail in the amount of the fine. That costs me another $100. The court sets a hearing date 6 weeks later. I miss another day of work at a loss of another $100. I enter my plea again of not guilty. The court again sets a "Pre-Trial" date 6 weeks later. I return to court for the "Pre-Trial" I lose another $100. I appear in court and the county tells the court something and the court tells me that the matter has been dismissed. When I ask "When was it dismissed ? I am told on the day I entered my first plea of Not Guilty. A $100 ticket cost me $5000. $100 I got back 12 weeks later But when I asked the judge about compensation for missing days of work, my loss He told me Your case was dismissed, would you like to re-open it? That means "Miss more days of work" Lawyers, police, court personnel and judges get paid when I don't. There is an unfairness in many laws
What am I saying. Legislators are all for the "Loser Pays" system to reduce the amount of civil cases. People would be less likely to bring a civil action against someone if they don't have a stronger case than the defendant. Court dockets would open up. So Why not a "loser Pays" system for criminal matters? This would stop false charges and citations being written freeing up court dockets for real criminal offenses. What do you think, your opinion?
So sad to read this! Where's help for individuals in these courts?
It's all a racket. All states should be brought up on racketeering charges.
I agree, that is one of the most disappointing things in the world. I know cops have a tough job, granted, but we see some of the false and bogus things they do. They know they will likely get more credibility in Court that you will, so they have been known to bring false claims that really hurt people from a time and money standpoint (not to mention from a justice standpoint). I feel your concerns believe me. There should be some form of compensation for cop claims that don't bear the burden of proof. This would have a deterrent effect of writing someone up just because of your ego, for example. Great comment.
What if u disagree and there is rebuttal evidence to the judges order? Can I still file something to get the evidence on the record?
Do you think we could see a legal overview for a Motion for requests for Admissions be Deemed Admitted????? Just a suggestion
I think that is a great idea, I will add it to my list!!! Attorney Steve
Hey steve if im going to file a motion for continuance is there a form i would look for or do i just draft one up myself?
pleaded paper very difficult reasons can be essential witness missing, death, illness must have a substantial reasoning.
courts normality have a continuance form where you click what your reason for continuance a small area to write if its "others" and where you and the opposite party signs to agree for the continuance, of cause Judge can grant or reject the motion. After having the opposite party signing you'll give it to the Judge and it be enter into the file and reset for the agree set date between you and the other party.
Hey Attorney Steve,
I'm seeking a template to draft a 'Motion Of Intervention' for a CPS related California Superior Court case.
My pre-trial disposition is exactly 21 days away...I know, it's late in the game.
Objective: To argue that I am the (2) children's father; 1 of whom I submitted a 'Take Notice To Establish Paternity' letter to the court.
I expect judge to strike it down...I hope intervention adds me as a party to the case since DNA will prove I'm the parent.
I need the template to assist with 'Motion Of Intervention'.
P.s., any special tips on how I should mail and/or hire a process server?
Any advice?...thanks in advance
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“Attorney Steve, I like your stuff.”
Very good
Thank you! SV
I really need help on this Im out job right now
Litigation whiteboards all day!
YESS!!!! I like how you think!! SV
How do you look all the legal citations and rules? Where is a good place to start?
Im not sure what your question is. Usually you can start by googling the legal issue you have and follow the trail from there. SV
do you need a meet and confer to challenge validity of a will? biatch step mom got dads whole estate, do I need to contact her first and tell her I want half or just file the motion? Does the court require that you try to work things out first?
Wills and Trusts (my worst grade in law school), I am not the guy to ask!! : )
I tried to file a motion with the Court and they looked incredibly at me and said they don't couldn't do that, then she shuffled some papers and said she didn't have the forms.
What do I file to ask judge to set aside ex parte custody order