Locate in your state rules the requirements, procedures, and time limits that apply to motions. Write a checklist for drafting, filing, and serving motions for both state and federal court, and place it in your systems folder. Verify the time limits pertaining to motions in the Pleadings, Motions, and Time Limits table at the end of the chapter. Add state deadlines.

Question

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The Answer is You may want to draft a state checklist to use in evaluating students' work.
Federal Motions Checklist
I. Drafting Motions, Rules 7(b) and 11
A. Must be in writing, except at trial or hearing
B. Grounds stated with particularity setting forth order
C. Same caption as complaint (et al. allowed) D. Addresses of parties not necessary
E. Attorney's signature and address necessary
II. Components
A. Motion
B. Notice of Motion to inform opponent of motion and hearing (combined with motion) C. Affidavit to set forth additional facts
D. Memorandum of law to present legal authority
E. Order Granting Motion
III. Filing (this is discussed in Drafting the Documents) A. Obtain hearing date from clerk
B. File original documents with clerk
C. File copies in case file
D. Serve copies on plaintiff's attorney
IV. Service
A. Served on opposing attorney (Rule 5)
B. Served not less than five days before hearing [Rule 6(d)]
C. Affidavits served not less than one day before hearing [Rule 6(d)]

Locate in Your State Rules the Requirements, Procedures, and Time