Motion Practice and Persuasion

Front Cover
American Bar Association, 2006 - Law - 235 pages
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This book teaches new lawyers how to effectively make and oppose motions and help experienced lawyers create more original and innovative work. It teaches the basics of motion practice, with a particular focus on the written motion and provides expert advice on making motions more persuasive. It discusses the tools of persuasion and the marshaling of facts, law and form to produce a winning motion. Instead of merely laying out the rules, the book outlines the analysis that the lawyer must make in writing and presenting a motion.
 

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Contents

The Motion Defined
1
Oral and Written Motions
2
Contradictory and Housekeeping Motions
3
Judges Handling of a Motion
5
The Motion to Suppress
7
Civil versus Criminal Motion
9
Three Critical Factors
13
The Judges Mind
14
Shortcomings of Affidavits and Declarations
76
Making Affidavits and Declarations More Persuasive
80
The Second Hurdle Evidentiary Hearings
87
The Evidentiary Hearing
91
Visual Aids
104
The Third Hurdle Argue the Law
107
Matters of Form
117
Oral Persuasion
121

Shortcomings of Both Models
18
Preserving the Record for Appeal
21
Rules of Procedure
25
The Five Hurdles
29
Present the Facts
30
Argue the Law
32
The Motion and Its Supporting Documents
33
Deliver the Motion
36
The First Hurdle Request the Order
39
The Second Hurdle Present the Facts
53
The Second Hurdle Affidavits and Declarations
63
How to Write an Affidavidt
64
How to Write a Declaration
68
Personal Knowledge
69
Information and Belief
75
The Fourth Hurdle Prepare the Order
127
The Fifth Hurdle Deliver the Motion
131
Using the Motion
135
Developing Ideas for Motions
140
A Motion from the Dred Scott Case
145
Conclusion
153
Sample Motions
159
Plaintiffs Motion for a Summary Judgment
161
Motion to Set Aside Default Judgment
177
Motion to Dismiss
192
Motion for US Marshal to Serve Subpoenas
206
Motions to Correct Record on Appeal
215
Index
231
Copyright

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