The Template motions are not written in the factual context of a specific case; thus, the notice of motion and motion, the declaration in support of the motion and [proposed] order are not included. The purpose of the Template is to provide the framework for your legal argument, for a winning motion. A winning motion is not always, or exclusively, determined by the eloquence of the writing, but more often by (1) telling the court what the attorney wants, and (2) advising the court that it has authority to rule favorably on the motion, and being aware of, the arguments that will most likely be asserted by the opposition. Most motions neglect the above points; while perhaps not fatal to the success of the motion, why leave it to chance?

Each motion provides a description of the basic law governing the type of motion and a comprehensive, but not exhaustive, list of the potential arguments that may be made in support of the motion, with statutes and case law as appropriate. The attorney should review the Template, decide which arguments are pertinent / best suited to his case, shepardize the authorities, and weave in the facts of the client’s case.