Legal Draft Motion

LEGAL DRAFT MOTION

IN THE COURT OF .

Case No.:    Judge:

Movant Name: (hereinafter "Movant") and Respondent Name: (hereinafter "Respondent").

RECITALS

WHEREAS, Movant is a party to the above-entitled action and seeks judicial relief to address the matters set forth herein; and

WHEREAS, on certain events occurred relevant to the subject of this motion, including the following summary: ; and

WHEREAS, Movant has made reasonable efforts to resolve the dispute without court intervention and has complied with applicable pre-filing requirements as described below.

NOW, THEREFORE, Movant respectfully moves the Court for the relief set forth in this Motion and in support thereof states as follows.

1. RELIEF REQUESTED

Movant requests that the Court grant the following relief: (select all that apply)

Temporary Restraining Order (TRO)    Preliminary Injunction    Other:

Movant requests that relief be granted on an emergency basis and that the Court issue all ancillary orders necessary to effectuate the relief requested, including but not limited to injunctive language, bond requirements, and scheduling of an expedited hearing.

2. STATEMENT OF FACTS

3. LEGAL ARGUMENT

Movant is entitled to the requested relief under applicable law because the facts establish: (a) a likelihood of success on the merits; (b) irreparable harm in the absence of relief; (c) the balance of equities tips in Movant’s favor; and (d) an injunction is in the public interest. Movant's argument in support follows.

4. SUPPORTING EVIDENCE

Attached and incorporated by reference are the following exhibits and declarations in support of this Motion:

5. REQUEST FOR HEARING

Movant requests that the Court set a hearing on this Motion on an expedited basis to be held no later than: . If the Court prefers scheduling options, Movant is available on the following dates:

6. COMPLIANCE WITH PROCEDURAL REQUIREMENTS

Movant certifies that prior to filing this Motion, counsel for Movant attempted to confer in good faith with counsel for Respondent to resolve the matters presented, as required by applicable procedural rules. The conferral occurred on: , and involved the following summary of efforts:

7. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that the Court enter an order that:

1. Grants the relief requested in Section 1 above;
2. Orders any provisional remedies necessary to preserve the status quo pending final determination;
3. Awards Movant costs and reasonable attorney's fees if applicable; and
4. Provides such other and further relief as the Court deems just and proper.

8. CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this Motion and all supporting documents were served on the following parties in accordance with the applicable rules of civil procedure:

Date of Service:

GOVERNING LAW; MISCELLANEOUS PROVISIONS

Governing Law. This Motion and any order entered hereunder shall be governed by the procedural and substantive law of the jurisdiction in which this Court sits.

Entire Agreement. This Motion, together with any exhibits and declarations attached hereto, constitutes the entire statement of Movant on the matters addressed and supersedes any prior oral or written statements on the subject.

Severability. If any provision of this Motion is held invalid or unenforceable, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.

AMENDMENTS; WAIVER; COUNTERPARTS; NOTICES

Amendments. This Motion may be amended or supplemented only by a writing filed with the Court and served on all parties.

Waiver. No failure or delay by any party in exercising any right shall operate as a waiver of that right unless set forth in a writing signed by the waiving party.

Counterparts. This Motion may be executed in counterparts, each of which shall be deemed an original and together shall constitute one instrument.

Notices. All notices required or permitted hereunder shall be given in writing and shall be effective upon personal delivery or three days after deposit in the United States mail, postage prepaid, addressed to the contact information provided below.

CONTACT INFORMATION FOR MOVANT

VERIFICATION

I, the undersigned Movant or Movant's counsel, declare under penalty of perjury under the laws of the jurisdiction in which this Court sits that the foregoing is true and correct to the best of my knowledge and that I am authorized to submit this Motion on behalf of Movant.

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