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I have decided to request an order for the court to either

 

Customer Question

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I have decided to request an order for the court to either ask university not to stop my stipend or allow me to find alternative work so that I could sustain myself. How do I go about requesting court for this order?

 

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Country relating to Question: United States
State (if USA): Texas

Submitted: 314 days and 8 hours ago.
Category: Legal
Value: $25
Status: CLOSED

Accepted Answer

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Expert:  INFOLAWYER replied 314 days and 8 hours ago.


INFOLAWYER :

Hello there

INFOLAWYER :

There is a pending lawsuit I recall

INFOLAWYER :

you would file a motion notice to the university

INFOLAWYER :

it would be through notice of motion and supporting affidavit

INFOLAWYER :

which would outline the relief sought and why you are seeking it now

INFOLAWYER :

another option is to see if court can schedule a conference and entertain application more informally

INFOLAWYER :

or if both sides can negotiate it

INFOLAWYER :

preferably with you being represented by a lawyer.

Customer :

I don't have a lawyer, so please tell me a little more about this 'notice of motion' and 'affidavit'. What should notice say and what should affidavit say?

INFOLAWYER :

You can get sample from the court clerk

INFOLAWYER :

notice of motion provides the caption of the case, the relief sought, and date for the motion

INFOLAWYER :

the affidavit narrates what happened, the university's new position, and the relief you are seeking

INFOLAWYER :

if you have e-mails or relevant exhibits you include and reference them to the motion

Customer :

Well, there does not seem to be much difference between what motion and affidavit says, right? What should be the title of 'notice of motion' and 'affidavit', I guess one has to put a title. I have recieved a letter stating that my stipend will be stopped so should I attach that with both the documents or just reference it.

INFOLAWYER :

Affidavit is a document in support of the motion

INFOLAWYER :

correct

INFOLAWYER :

letter would be exhibit to the affidavit

INFOLAWYER :

affidavit under notice of motion

INFOLAWYER :

entire thing called a motion

INFOLAWYER :

as this is not a standard motion, it would be notice of motion only

INFOLAWYER :

for various items of relief

INFOLAWYER :

I hope you are satisfied with the answer.


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Customer :

If I ask court to tell deendant not to stop my stipend then wouldn't court perceive it negatively, since I am not working there?

INFOLAWYER :

They are not likely to

INFOLAWYER :

more likely to find it premature

INFOLAWYER :

since need to let case progress.....

Customer :

Should I send a copy of the motion along with affidavit to the defendant. Also, I was not sure if I just reference the letter or attach the actual letter?

INFOLAWYER :

It gets sent to them and then filed with the court

INFOLAWYER :

with proof of service

INFOLAWYER :

wish you best of luck

Customer :

Thanks.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 96.6 %
Accepts: 18816
Answered: 6/21/2012

Experience: Licensed attorney helping individuals and businesses

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