Pre-Trial Motion Template

PRE-TRIAL MOTION

Court:    Case No.:

Plaintiff:    Defendant:

RECITALS

WHEREAS, Movant, , seeks pre-trial relief in the above-captioned matter; and

WHEREAS, Respondent, , opposes the relief described herein; and

WHEREAS, the parties require a judicial determination as to the matters set forth below prior to trial to secure just, speedy, and inexpensive resolution of the contested legal questions.

NOW THEREFORE, Movant respectfully moves the Court for the relief set forth below pursuant to the applicable rules of civil procedure and governing law.

RELIEF REQUESTED

Movant requests the Court to grant the following relief:

JURISDICTION AND VENUE

1. This Court has jurisdiction over the subject matter of this action pursuant to the applicable statutes and rules because the controversy arises under laws enforceable by this forum, and the parties are subject to this Court's jurisdiction.

2. Venue is proper in this Court because the events giving rise to the claims occurred within this judicial district and because a substantial part of the operative facts occurred here.

FACTUAL BACKGROUND

LEGAL STANDARD

1. The party seeking relief bears the burden of demonstrating entitlement to the specific remedy requested. This Court must apply the standard articulated in controlling authorities, including whether there exists no genuine dispute of material fact or whether equitable relief is appropriate under the circumstances.

2. In evaluating a pre-trial motion that seeks dispositive or injunctive relief, the Court shall consider (a) the likelihood of success on the merits, (b) the possibility of irreparable harm in the absence of relief, (c) the balance of equities, and (d) the public interest.

ARGUMENT

1. Movant is entitled to the relief requested because the undisputed facts, as set forth above, establish the essential elements required by law. Movant submits that application of the governing legal principles to the undisputed facts mandates the entry of the requested order.

2. The Court should consider the contemporaneous evidence and declarations filed in support of this motion. Affidavits or declarations based on personal knowledge are submitted to corroborate the factual assertions and to show the absence of material factual disputes.

3. Where applicable, Movant further asserts that the balance of hardships favors Movant, as the harm to Movant in the absence of relief outweighs any potential hardship to Respondent, and the public interest favors enforcement of rights under the law.

SUPPORTING DOCUMENTS

NOTICE OF HEARING

A hearing on this motion is requested for: at before Judge in Department/Room .

DECLARATION AND CERTIFICATION

I, the undersigned, 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 belief, and that I am authorized to make and file this motion on behalf of Movant.

CERTIFICATE OF SERVICE

I certify that on , a true and correct copy of this Motion and supporting papers was served on the parties or counsel of record as follows:

By United States mail addressed to counsel and parties of record.

By personal delivery to counsel and parties of record.

By electronic service where permitted by court rules and agreement of the parties.

PROPOSED ORDER

MISCELLANEOUS PROVISIONS

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

Entire Agreement: This Motion, including any attachments and supporting declarations, constitutes the entire written request for the relief herein and supersedes any prior oral or written statements relating to the same subject matter.

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

Amendments; Waiver: Any amendment to this Motion must be in writing and signed by the party or counsel seeking amendment. Waiver of any provision shall not constitute a waiver of any other provision.

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