Legal Motion to Clarify

LEGAL MOTION TO CLARIFY

Court:   Case No.:   Presiding Judge:

COMES NOW Movant Name: (hereinafter "Movant"), by and through counsel of record, and files this Motion to Clarify against Respondent Name: (hereinafter "Respondent"), and in support states as follows:

RECITALS

WHEREAS, on , , the Court entered an Order identified as: (the "Order");

WHEREAS, Movant reasonably believes that the Order contains an ambiguity or internal inconsistency with respect to: , such that the practical implementation or enforcement of the Order is unclear;

WHEREAS, Movant seeks a narrow clarification of the Order to permit consistent interpretation and to avoid disputes among the parties or further proceedings on matters that are susceptible to prompt clarification.

NOW, THEREFORE

1. Relief Sought. Movant respectfully requests that the Court enter an order clarifying the Order dated , , to state explicitly that:
2. Background. The factual and procedural background relevant to this Motion is as follows: Movant avers that the ambiguity identified has resulted in the following concrete operational or compliance concerns:
3. Legal Standard. The Court has inherent authority, and pursuant to applicable procedural rules, to construe and clarify its prior orders to effectuate the intent of the Order, prevent injustice, and to eliminate uncertainty that would otherwise necessitate additional proceedings. Movant submits that clarification is appropriate where an order's plain terms are reasonably susceptible to more than one interpretation and where clarification will conserve judicial resources.
4. Argument. For the reasons below, the Court should grant this Motion:
   1. The language of the Order is ambiguous as to: , producing practical uncertainty.
   2. Clarification will not alter substantive rights but will effectuate the parties' original intent and the Court's objective in issuing the Order.
   3. Movant has acted promptly to bring this matter to the Court's attention and has engaged in good faith efforts to resolve the ambiguity prior to filing:
5. Requested Form of Clarification. Movant proposes that the Court enter an order in the form attached as a proposed order or in the alternative issue the following clarification language:
6. Timing and Further Relief. Movant requests that the Court specify any necessary implementation schedule, including any date by which the clarified obligations must be performed:

CERTIFICATE OF SERVICE

I certify that on , , a true and correct copy of this Motion was served on all counsel and parties as follows:

Mail    Email    Hand delivery    Electronic filing system

NOTICES

All notices required or permitted under this Motion shall be given in writing to the counsel of record for each party at the addresses below:

GOVERNING LAW

This Motion and any order entered in connection with it shall be interpreted and governed by the laws applicable to the underlying action and by the procedural rules of this Court. To the extent an order modifies or clarifies obligations arising under state or federal law, the Court's clarification shall be construed in a manner consistent with such law.

ENTIRE AGREEMENT

This Motion constitutes the complete statement of Movant's request for clarification and supersedes any prior oral or written communications submitted for the purpose of obtaining the relief sought herein.

SEVERABILITY

If any provision of any order entered in response to this Motion is determined to be invalid or unenforceable, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect to the maximum extent permitted by law.

AMENDMENTS; WAIVER; COUNTERPARTS

Any amendment to this Motion must be made in writing and filed with the Court. Failure to insist on strict performance of any term or provision shall not constitute a waiver of Movant's right to enforce that term or any other term in the future. This Motion may be executed in counterparts and by facsimile or electronic signature, each of which shall be deemed an original.

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