Pretrial Motion Form

PRETRIAL MOTION

Court:    County:

Case No.:    Judge:

Plaintiff/Petitioner:    Defendant/Respondent:

RECITALS

WHEREAS, Movant is Plaintiff/Petitioner or Defendant/Respondent as identified above and has standing to move the Court for the relief requested in this motion; and

WHEREAS, Movant asserts that facts exist that warrant pretrial determination of the issues specified in this motion and that judicial economy and the interests of justice will be served by resolution of those issues prior to trial; and

WHEREAS, Movant has provided or will provide notice to the opposing party and any necessary supporting documents or exhibits in accordance with applicable rules of procedure;

NOW THEREFORE, Movant brings this Pretrial Motion and respectfully requests that the Court grant the relief set forth below.

1. MOTION

Movant hereby moves the Court for the following relief (check all that apply):

Motion to Dismiss for failure to state a claim
Motion for Summary Judgment
Motion in Limine (exclude evidence)
Motion to Suppress evidence
Motion for Continuance
Other:

2. GROUNDS

Legal grounds for this motion (statutes, rules, and controlling authorities relied upon). Cite statutes, rules, case law, and other controlling authority that support the motion:

3. STATEMENT OF FACTS

Material facts relevant to the motion. Include dates, locations, identifications of evidence, and witnesses that form the factual basis for this motion:

4. ARGUMENT

Concise legal argument in support of the motion. Address standard of review, application of law to facts, and any precedent that controls the outcome:

5. EVIDENCE AND EXHIBITS

Attachments and exhibits supporting this motion. Identify each exhibit by letter or number and describe its contents:

6. HEARING

Proposed hearing date and time (if known). Movant requests that the Court schedule a hearing as follows:

Date: ,    Time:   Estimated length:

7. RELIEF REQUESTED

Specific orders sought from the Court. Include precise language for each order requested:

Additional remedies requested (check as applicable):

Award costs and attorneys' fees
Grant temporary or preliminary relief pending resolution
Other specific relief:

8. NOTICES

Service information for notices and communications regarding this motion:

9. CERTIFICATE OF SERVICE

I certify that a true and correct copy of this Motion and all attachments were served on all parties entitled to service in accordance with the applicable rules of procedure on:

Date of Service: , .

Method of Service: Mail Hand Delivery Email Other

Name of person effecting service:

CLOSING PROVISIONS

Governing Law: This Motion and any order entered in response to it shall be governed by the laws and rules of practice of the jurisdiction in which the Court sits.

Entire Agreement: This Motion, together with any exhibits attached hereto, constitutes the entire statement of Movant's request for the relief sought and supersedes any prior written or oral statements directed to the matters addressed herein.

Severability: If any provision of this Motion is determined to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect.

Amendments and Waiver: No amendment, waiver, or modification of this Motion will be effective except in writing signed by the party to be charged. Failure to enforce any provision shall not constitute a waiver of future enforcement of that or any other provision.

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

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