Ask a Lawyer and Get Answers to Your Legal Questions
Without knowing whether or not the motion is on the court docket (check the Court's online register of actions to see if your motion is filed there), I would recommend that you file a new motion, get a court date, and include a proof of service as a package. It is less likely to be overlooked, and the documents you file will be included in the motion packet sent to the Court (judges very rarely review the entire docket, and filing all of the moving papers in one packet will ensure that you get your motion heard properly).
You will need to get a court date from the clerk and then file and serve the following documents:
I set a court date for the motion.
What happened to the motion I faxed that was rejected?
(1) Notice of Motion - this is the document that says when the hearing is, and what you are asking for (change of venue)
(2) Motion - this is a very short document that says what the grounds for your motion are
(3) Points and authorities in support of your motion - this is your lengthier motion paper, all of the legal arguments and facts must be laid out here
(4) A declaration by you in support of the motion
I did 2-4 in one doc
I will do #1. Should I resend all 1-4 again just to make sure?
If the motion was rejected, you will simply need to file your new moving papers over again. The Court is unlikely to grant a default in this matter following your attempt to file the motion, and the time in which you have to deal with it is sufficient (I doubt that default is going to be an issue, particularly if you can refile promptly).
ok. I will refile with the Notice. Is there a form for the Notice of Motion?
While it is likely not necessary to refile, I would recommend it for two reasons, (1) you will ensure full consideration by the Court; and (2) there will be no question about the service of your motion and all supporting documents.
Let me see if I can find a sample (it is fairly straightforward: It says you will appear on xyz date and time in Dept. 123, and what the motion is. Please give me a moment.
will that work?
Here is a sample (the Sacramento Law Library is actually fairly helpful: chrome-extension://bpmcpldpdmajfigpchkicefoigmkfalc/views/app.html
The fl301 is a Family Law document.
that link doesn't work.
Let me try again.
If that does not work, try a Google Search (or other browser) for "Sample Motion to Strike Sacramento Law Library"
I may be having a browser error on my side, I apologize.
Oh this is a motion to strike?
or is that just a term for any motion?
Use that as a template for your motion - the required parts are when and where the hearing is located, and what the basis for the motion is. (It is used to put the other party on notice).
are you talking about the Word Doc on pleading paper that says NOTICE OF MOTION TO TERMINATE... I can just change that one?
Yes, just use that format (make sure you insert the proper court etc.) and you can use that to build your own Notice of Motion.
Just put "NOTICE OF MOTION" only right?
or maybe "NOTICE OF MOTION FOR CHANGE OF VENUE"
Use the second one.
cool. thanks again.
Hi William. We worked together on the Motion for Change of Venue. I got a court date of Jan 28th. Before that date, I would like to reach out to the plaintiff's lawyer and discuss a settlement. Should I call, email or fax? I would prefer to get it in writing I guess. Should I propose an amount and have them consider it or do I ask them to propose an amount? I'm figuring they will just reply with the amount in the pleading but at least it starts the process?