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Civil Motion Form

Submitted by nklemme on Mon, 11/13/2023 - 10:01

Rule 7(b)(1) of the Federal Rules of Civil Procedure states that a request for a court order must be made by motion.  The motion must:

  1. be in writing unless made orally during a hearing or trial;
  2. state with particularity the grounds for seeking the order; and
  3. state the relief sought.

When using this form, please make sure you have completed the following prior to submitting it to the Court:

•    The case caption includes the case number and case section.
•    Clearly state the title of the motion. 
•    Clearly state what relief the Court should order and why the Court should grant the requested relief. 
•    Sign the document with a “wet” (handwritten) signature and date. (Typed and/or electronically signed documents are not permitted.) 
•    If any opposing parties have made an appearance, include a completed Certificate of Service at the bottom of the form in compliance with Local Rule 5.4.*
•    If any opposing parties have made an appearance in the case and have not consented to the relief requested in the motion, include a completed “Notice of Submission” found in the Civil Pleading Forms section. Submit the completed Notice of Submission along with your motion.
•    Complete a “Proposed Order” found in the Civil Pleading Forms section and submit it along with your motion.

Local Rule 5.4: When a document that is required to be served is served by means other than the court's electronic filing system, the document must include a certificate of service indicating that the document has been served on all parties contemporaneously with its filing with the court, or within a reasonable period of time after the document has been filed with the court, and must list each party on which the document has been served by means other than the court's electronic filing system, and the means of service.

Every pleading shall bear a certificate by the party who files it that copies have been served on all parties that have made an appearance (or on their counsel of record) by hand delivery or by mail.

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