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 U V W
A
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)
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B
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C
Certificate of Probable Cause, Motion to Construe Notice of Appeal to Include Request
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
Correct the Record on Appeal, Application to
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D
Dependency Motion to Treat Appeal as Writ
Dependency Writ of Mandate/Prohibition
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E
Early Remittitur, Stipulation for Issuance of
Exhaustion Petition Template
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, Third District
Includes TrueFiling proof of service and fillable-format PDF form
Extension of Time Request, Fifth District
Includes TrueFiling proof of service and fillable-format PDF form
Extension of Time Request, Juvenile Dependency Cases
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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
Fares/Clavel Formal Motion to Correct Restitution & Parole Fines in the Superior Court
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I
Interpreter Expenses, Request for Court Pre-authorization
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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)
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L
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M
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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
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O
Opposition to Ag's Motion to Correct RT
Oversized Brief, Request to File
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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 - English version
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 - Federal - Spanish version
Spanish-English form for petition under 28 U.S.C. § 2254.
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 - Attorney as declarant
(CCP 1013a(2))
Proof of Service - place of business drop / non-party as declarant
(CCP 1013a(3))
Proof of Service - generic form / non-party as declarant
(CCP 1013a(1))
Proof of Service - Attorney TrueFiling
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R
Recall Remittitur & Reinstate Appeal
Relief From Default addressed to COA (Untimely Petn for Review)
Relief From Default addressed to CSC (Untimely Petn for Review)
Reversal, Acquittal & Release (Stogner)
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S
Sade C./Phoenix H. – Third District Only
Sade C./Phoenix H. – Fifth District Letter brief
Sealed Transcripts, Request to View
Settled Statement, 5th DCA Sample
Settled Statement, Motion in Superior Court for
Stay Appeal (Awad Motion)
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
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T
Travel Expenses, Request for
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U
Unredacted AOB, permission to file
(re: “personal information” derived from a probation report)
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V
Vacate Judgment for Lost/Destroyed Records, Request for
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W
Withdraw as Attorney of Record, Request to
Word Certificate for Length of Brief
Writ of Habeas Corpus, Petition for
Criminal - Judicial Council fillable-format PDF form
Writ of Habeas Corpus LPS Act, Petition for
LPS - Judcial Council fillable-format PDF form
Writ of Habeas Corpus Penal Commitment (Mental Health), Petition for
Mental Health - Judicial Council fillable-format PDF form
Writ Petition Information Sheet 5th DCA requires for Petitions
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