Legal Oppo Praecipe Form

Legal Oppo Praecipe Form

Case caption: Court: — Case No.: — Assigned Judge:

This praecipe is submitted by the undersigned on behalf of the following parties for the clerk's administrative action in connection with the above-captioned matter: Plaintiff/Movant: , Counsel: , Bar No.: .

Defendant/Respondent: , Counsel: , Bar No.: .

Recitals

WHEREAS, on the Movant filed a motion or pleading identified as: ; and

WHEREAS, responsive papers or oppositions may be required, and the undersigned seeks administrative entry, docketing, and/or scheduling associated with the opposition described herein; and

WHEREAS, the undersigned certifies that the facts set forth in this praecipe are known to counsel or are believed on reasonable inquiry to be true and that the requested clerk action is consistent with court rules and applicable scheduling procedures.

Now therefore

NOW THEREFORE, the undersigned requests that the clerk take the administrative actions set forth in Section 1 below with respect to the documents, exhibits, and appearances described in Sections 2 and 3.

1. Request to Clerk

The undersigned requests that the clerk:

1. Accept for filing and docket the documents identified in Section 2 and any attachments submitted concurrently.
2. Enter the opposition or responsive pleading on the docket under the above case number and calendar the matter for hearing on the requested date if indicated below.
3. Note the appearance of counsel for the party identified above and update service lists accordingly.

2. Filing and Attachments

Proposed hearing date (if requested): . Alternate available dates: .

Opposition brief Exhibits Affidavit/Declaration Certificate of Service

3. Certificate of Service

I certify that on the following parties were served with the documents described above by the indicated method(s):

Personal service U.S. Mail Hand delivery Electronic service (as permitted by local rules)

4. Attorney Certification

The undersigned counsel certifies under penalty of perjury that:

1. The information set forth in this praecipe and in the documents submitted concurrently are true and correct to the best of counsel's knowledge after reasonable inquiry.
2. The opposition and any exhibits attached are prepared in compliance with applicable rules of procedure and local court filing requirements.
3. Where a hearing is requested, counsel has conferred with opposing counsel regarding available dates and has complied with local scheduling protocols where required.

5. Relief Requested

The undersigned respectfully requests that the clerk: (a) accept and docket the opposition and attachments; (b) enter counsel's appearance for the party identified above; and (c) schedule the matter for hearing on the requested date or otherwise process the submission as appropriate under court practice.

6. Notices

General Provisions

Governing Law: This praecipe shall be governed by the local rules and procedures of the court in which this matter is pending and, to the extent applicable, by the substantive laws of the state or jurisdiction before which the matter is pending.

Entire Agreement: This praecipe, together with any attachments, constitutes the entire administrative submission with respect to the matters addressed herein and supersedes all prior administrative requests related to the same actions unless expressly stated otherwise.

Severability: If any provision of this praecipe is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments and Waiver: Any amendment or waiver of a provision of this praecipe must be in writing and signed by the submitting counsel. Failure to enforce any provision shall not constitute a waiver of future enforcement of that or any other provision.

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