motion samples book
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Counsel should check all authorities cited in the motion samples for current validity. Remember to not only check for current cases, but also check for current rule numbers which can be found on the Judicial Council web site. Counsel should also be prepared to tailor the samples to the particular facts or issues in the case. These samples are designed to assist you and not to be a substitute for your own professional work.
A B C D E F I J L M N O P R S T V W
A
Abandonment
Abatement of Proceedings
Appealability, Application for Order Concerning
Appealability, Application for Order Concerning Misdemeanor Case
Association of Counsel, Request for
Associate Counsel Agreement
Associate Counsel Hours, Claim Attachment
Augmentation, First Request
Augmentation, 2nd Request
"Augment" Informally by Supplemental Record Request: Letter to the Trial Court per rule 8.340(b)
B
Bail on Appeal
C
Calendar Preference
Certificate of Probable Cause, Motion to Construe Notice of Appeal to Include Request
Change of Address
Client's File from Trial Counsel - Application
see TIP for first steps and Letter to Trial Counsel re Cooperation, below.
Consolidate Two Appeals, Motion to
Consolidate Pending Appeal and Habeas
D
Declaration of Service
Dependency Motion to Treat Appeal as Writ
Dependency Writ of Mandate/Prohibition
Dismiss Appeal, Moot
Dismiss Review
E
Early Remittitur, Stipulation for Issuance of
Errata Letter
Exhibits, Request to Augment Record with
Exhibits, Request to Transmit
Expand Appointment, Appearance in Trial Court to Unseal Juror Info
Expand Appointment, Habeas Writ, Dependency/300 Case
Expand Appointment, Habeas Writ, Superior Court
Expand Appointment, Habeas Writ, Court of Appeal
Expand Appointment, Petition for Writ of Certiorari
Expand Appointment, Petition for Writ of Mandate
Extension of Time Request, Fifth District
Extension of Time Request,Third District
F
Fares Informal Letter Request to Correct Credits/Abstract in the Superior Court
Fares Formal Motion to Correct Credits/Abstract in the Superior Court
Fines/Fees/Abstract - Request to Correct in the Superior Court
I
Interpreter Expenses, Request for Court Pre-authorization
J
Joinder in Briefing by Co-Appellant
Judicial Notice - Criminal
Judicial Notice - Dependency
Notice of post-adjudication events affecting adoptability
Juror Information, Motion to Unseal per CPC 237(b)
L
Letter to Trial Counsel re Cooperation & "State Bar" Compliance
This is a first step in trying to obtain the file from trial counsel.
Enclose a copy of State Bar Ethics Opinion #1992-127.
M
Marsden Certificate
Medical Release Form
N
Notice of Appeal, Application to Include 1237.5 Language
Notice of Appeal, Felony Cases
Judicial Council Form: fillable-format PDF
Notice of Appeal, Juvenile Cases
Judicial Council Form: fillable-format PDF
Notice of Appeal, Application for Filing of Companion VOP Case
Notice of Appeal, Application for Constructive Filing of
Notice of Appeal, Motion to Construe in Dependency Case
Notice of Intent of File Rule 8.450 Writ Petition
Fillable-format PDF form; declaration of intent to file writ petition from the review order setting the 366.26 hearing, filed in the superior court
O
Opposition to Ag's Motion to Correct RT
Oversized Brief, Request to File
P
Petition for Extraordinary Writ - Dependency
Dependency - Judicial Council fillable-format PDF form
Petition for Modification (WIC 778) – DJJ dispo
Petition for Modification (WIC 778) – exhibit DJJ report
Petition for Review, Grant & Hold
Petition for Writ of Habeas Corpus - Federal
Fillable-format PDF form for use by state prisoners in any federal district court (28 U.S.C. § 2254). The Eastern District does not have a district-specific form.
Petition for Writ of Habeas Corpus - State
Criminal - Judicial Council fillable-format PDF form
Petition for Writ of Habeas Corpus LPS Act
LPS - Judicial Council fillable-format PDF form
Petition for Writ of Habeas Corpus Penal Commitment (Mental Health)
Mental Health - Judicial Council fillable-format PDF form
Petition for Writ of Mandate
For issuance of a certificate of probable cause
Phoenix H. sample (see "S")
Proof of Service
Publication Request
R
Recall Remittitur & Reinstate Appeal
Reversal, Acquittal & Release (Stogner)
S
Sade C./Phoenix H. – Third District Only
Sade C./Phoenix H. – Fifth - Letter brief sample coming soon
Sealed Transcripts, Request to View
Settled Statement, 5th DCA Sample
Settled Statement, Motion in Superior Court for
Stipulated Reversal & Remand (dependency)
Substitution of Client in Pro.Per. in Dependency Case
Substitute Wende Brief & Abandon Issue, Motion to
Summary Reversal, Motion for
Supplemental Brief, Request to File
Stipulation for Early Issuance of Remittitur
T
Travel Expenses, Request for
V
Vacate Judgment for Lost/Destroyed Records, Request for
W
Withdraw Argument
Withdraw as Attorney of Record, Request to
Word Certificate for Length of Brief
Writ of Habeas Corpus
Criminal - Judicial Council fillable-format PDF form
Writ of Habeas Corpus LPS Act
LPS - Judcial Council fillable-format PDF form
Writ of Habeas Corpus Penal Commitment (Mental Health)
Mental Health - Judicial Council fillable-format PDF form
Writ Petition Information Sheet 5th DCA requires for Petitions