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.
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:
(4) factual basis;
(5) about the accused
(6) instructive element;
(7) rule or statutory
(8) state and federal
(9) the relief requested;
(10) appropriate use of an index.
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.
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.
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.