C.  Drafting Action Motions Plus 2K10

Motions may be oral or written. For obvious reasons, motions are better written unless time prohibits. Most motions are required to be in writing, some must be accompanied by an affidavit or verification. Some jurisdictions require a memorandum of law to accompany the motion. It is advisable to read the local rules before beginning; this should be done even if you have practiced in the jurisdiction for a long time. It is often surprising how the local rules differ from the usual practice.
 The following structure used in drafting written motions is easily adapted to formulate emergency oral motions.  To frame the issues in a motion effectively and to prepare those issues for presentation and preservation, each motion should contain ten essential elements:
       (1)    headline;
       (2)    can-opener;
       (3)    lead;
       (4)    factual basis;
       (5)    about the accused
       (6)    instructive element;
       (7)    rule or statutory element;
       (8)    state and federal constitutional basis;
       (9)    the relief requested; and,
     (10)   appropriate use of an index.

  Actions Motions Plus 2K10 generally are most effective if written in the journalistic inverted pyramid style: they should begin with the important facts and end with the record-preserving elements, then, at the end, there should be a kicker that enforces the points of importance. Each motion should sell some aspect of the case and have a function in advancing the goals of one of the four basic systems used by advocates. The motion should obviously portray the accused persuasively and positively; educating the triers of fact so that they are capable of ultimately rendering a favorable disposition of the charges.
  In most Action Motions Plus 2K10, the triers of fact should be able to understand it as well as a person with a legal education. It is helpful if members of the media can quote the motion verbatim and relay the information to the general public.
  Before we begin drafting Action Motions Plus 2K10 it is necessary to decide exactly what needs to be accomplished with the motion and which of the basic system or systems of advocacy will best accomplish these needs.

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