Motion Practice and PersuasionThis book teaches new lawyers how to effectively make and oppose motions and help experienced lawyers create more original and innovative work. It teaches the basics of motion practice, with a particular focus on the written motion and provides expert advice on making motions more persuasive. It discusses the tools of persuasion and the marshaling of facts, law and form to produce a winning motion. Instead of merely laying out the rules, the book outlines the analysis that the lawyer must make in writing and presenting a motion. |
Contents
The Motion Defined | 1 |
Oral and Written Motions | 2 |
Contradictory and Housekeeping Motions | 3 |
Judges Handling of a Motion | 5 |
The Motion to Suppress | 7 |
Civil versus Criminal Motion | 9 |
Three Critical Factors | 13 |
The Judges Mind | 14 |
Shortcomings of Affidavits and Declarations | 76 |
Making Affidavits and Declarations More Persuasive | 80 |
The Second Hurdle Evidentiary Hearings | 87 |
The Evidentiary Hearing | 91 |
Visual Aids | 104 |
The Third Hurdle Argue the Law | 107 |
Matters of Form | 117 |
Oral Persuasion | 121 |
Shortcomings of Both Models | 18 |
Preserving the Record for Appeal | 21 |
Rules of Procedure | 25 |
The Five Hurdles | 29 |
Present the Facts | 30 |
Argue the Law | 32 |
The Motion and Its Supporting Documents | 33 |
Deliver the Motion | 36 |
The First Hurdle Request the Order | 39 |
The Second Hurdle Present the Facts | 53 |
The Second Hurdle Affidavits and Declarations | 63 |
How to Write an Affidavidt | 64 |
How to Write a Declaration | 68 |
Personal Knowledge | 69 |
Information and Belief | 75 |
The Fourth Hurdle Prepare the Order | 127 |
The Fifth Hurdle Deliver the Motion | 131 |
Using the Motion | 135 |
Developing Ideas for Motions | 140 |
A Motion from the Dred Scott Case | 145 |
Conclusion | 153 |
Sample Motions | 159 |
Plaintiffs Motion for a Summary Judgment | 161 |
Motion to Set Aside Default Judgment | 177 |
Motion to Dismiss | 192 |
Motion for US Marshal to Serve Subpoenas | 206 |
Motions to Correct Record on Appeal | 215 |
| 231 | |
Common terms and phrases
affiant affidavit or declaration affidavits and declarations answer Attorney for Defendant BLACK'S LAW DICTIONARY brief certificate of service cite Civil Procedure client contradictory motion court clerk Court of Appeals criminal David Deadman Deadman & Sawbones default judgment Defendant Charlie Mootry discovery District Court docket documents Dred Scott Earl Rogers evidence evidentiary hearing example Federal Rule file a motion Honorable Court housekeeping motions issue Jane judge's jurisdiction lawyer filed magistrate medical malpractice memorandum ment motion in Appendix motion to suppress motions practice moves this Honorable moving lawyer notary November 20 opposing lawyer party personal knowledge persuasive phrase Plaintiff prosecutor Pursuant to Fed ran the red Record on Appeal red light request require Ronald Jorgensen Salt Lake City Second Motion sentence signature block statement of facts summary judgment motion support the motion testimony tion transcript trial lawyer U.S. Marshal U.S. Supreme Court Utah xxxxx Phone witness writing xxx-xxxx Fax