Legal Motion Template

LEGAL MOTION

Court Name:    Case No.:

Judge:    Department/Division:

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

Recitals

WHEREAS, Movant is a party to the above-captioned matter and seeks court intervention to obtain the relief described below; and

WHEREAS, Respondent is a named opposing party in this action and has been given notice of proceedings in accordance with applicable procedural rules; and

WHEREAS, Movant asserts that facts and legal authority supporting this Motion are set forth in the Statement of Facts and Argument sections below and in any supporting declarations and exhibits submitted contemporaneously.

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

1. Statement of Facts

1.1 Material facts relevant to this Motion are as follows:

1.2 The following exhibits are submitted in support of Movant's factual assertions:

2. Legal Authority and Argument

2.1 Movant relies upon the following legal grounds in support of this Motion:

2.2 Argument: For the reasons set forth below, the undisputed facts, when applied to the cited law, require entry of the requested relief. Movant avers that Respondent has failed to rebut the material facts and that relief is warranted as a matter of law.

3. Relief Requested

Movant respectfully requests that the Court grant the following relief (select applicable requests and describe specifics):

Motion for Summary Judgment Temporary Restraining Order / Preliminary Injunction Evidentiary Hearing Other (specify below)

Describe specific relief sought:

4. Request for Hearing

Movant requests oral argument and a hearing on this Motion. Proposed hearing date: at , or at the Court's convenience.

5. Proposed Order

Movant submits a proposed order granting the relief requested. Proposed order text or summary:

6. Certification of Counsel

I, the undersigned counsel of record for Movant, certify that the statements made herein are true and correct to the best of my knowledge, that I have conferred in good faith with opposing counsel where required by applicable rules, and that the relief requested is warranted under the governing procedural standards.

7. Certificate of Service / Notice

I certify that on , a true and correct copy of this Motion and accompanying documents was served on the parties listed below by the indicated method(s).

8. Governing Law; Miscellaneous Provisions

Governing Law: This Motion is governed by the rules of procedure and substantive law of the State of and by any controlling federal law where applicable.

Entire Agreement: This Motion, the attached declarations, exhibits, and any order entered constitute the entire written application for the relief requested herein and supersede any prior written statements on the same subject.

Severability: If any provision of this Motion is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments and Waiver: Any amendment to this Motion must be in writing and signed by the party seeking amendment. No waiver of any provision shall be effective unless in writing and signed by the waiving party.

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

9. Declaration Under Penalty of Perjury

I declare under penalty of perjury under the laws of the State of that the foregoing is true and correct.

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