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?
Country relating to Question: United States
State (if USA): Texas
There is a pending lawsuit I recall
you would file a motion notice to the university
it would be through notice of motion and supporting affidavit
which would outline the relief sought and why you are seeking it now
another option is to see if court can schedule a conference and entertain application more informally
or if both sides can negotiate it
preferably with you being represented by a lawyer.
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?
You can get sample from the court clerk
notice of motion provides the caption of the case, the relief sought, and date for the motion
the affidavit narrates what happened, the university's new position, and the relief you are seeking
if you have e-mails or relevant exhibits you include and reference them to the motion
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.
Affidavit is a document in support of the motion
letter would be exhibit to the affidavit
affidavit under notice of motion
entire thing called a motion
as this is not a standard motion, it would be notice of motion only
for various items of relief
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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?
They are not likely to
more likely to find it premature
since need to let case progress.....
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?
It gets sent to them and then filed with the court
with proof of service
wish you best of luck
Licensed attorney helping individuals and businesses
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