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How Do I Object to a Motion?

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Before, during or after your hearing anyone involved in your case may ask the court to consider a specific issue and make a decision about it.  This is called “making a motion.” Opens new window  There are many types of motions.


You may object to a request (motion) made by someone else 

Step 1.  Write a letter to the court. 

  • Generally, there are no forms for this.  However, some Motion forms include an “Answer” portion.  If the Motion form you were served with includes an “Answer” portion, use this space for your objection. 
  • You have to provide evidence that shows why the court should not grant the request.  You do this by attaching a Declaration (Form MC-030Opens new window with the supporting facts involved (signed under penalty of perjury). Opens new window  Attach any copies of documents that prove your facts. 
  • Write in the letter that you have served Opens new window a copy of your letter, Declaration and copies of your supporting documents to the other side. 
  • Make copies of your letter and its attachments – one copy for your files and one copy for each party on the other side. (The court will keep the original.)


Step 2.  File Opens new window the original Answer (or letter) with the court.

Mail or take your Answer (or letter), with its attachments, to a court clerk. The clerk will put the original papers in the case file, then stamp the photocopies and return them to the person doing the filing.


Step 3.  Serve Opens new window your Answer (or letter) and attached declaration to the other side.

Have your server (an adult not related to the case) serve the Answer (or letter) and attached declaration to the other side. Your server may either deliver the papers in person or by mail.


Step 4.  Inform the court that a copy of the letter was provided to the other side.

Have your server fill out a proof of serviceOpens new window  If service is: 

File the proof of service form (POS-020 or POS-030) with the court.

The court will inform each side of its decision about the request (motion) by mail.

NOTE:  The court may hold a special hearing on the request and your objection.  If the court sets a special hearing, it will inform each side of this by mail.

 

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