How to Write a Motion for Court (Like A Pro) | File a Motion in Court Without an Attorney

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  • Опубліковано 7 вер 2024

КОМЕНТАРІ • 46

  • @audiedickert1745
    @audiedickert1745 5 місяців тому +5

    This is such good advice. I wish i had found this video sooner. Only reason im leaving a comment is I'm hoping that helps this video get to someone else that may need it.

  • @Shadow_Mama
    @Shadow_Mama 28 днів тому

    Thank you. I'm definitely checking out your videos for my situation. I'm being made to represent myself against my former abuser because I can't afford an attorney, and the resources in my area are stretched so thin that they can't accept my case. I have no one in my corner in the courtroom. I'm doing this alone. The emotions running through me have me unhinged. I don't know how I'm going to do this. I've always been a fighter, but this time, I'm so afraid of losing because of what's on the line.

  • @kingsagenda
    @kingsagenda Рік тому +5

    This video gave me anxiety. I have a bunch of evidence and no attorney. I can write a novel but can't speak. Ex is the complete opposite. 😢

    • @pocahontas4583
      @pocahontas4583 Рік тому

      Hope it all works out. I’m in a similar situation. Supposedly I have pro bono lawyer that picked up my case for free through a non profit but it’s been weeks since I was notified and I can’t get ahold of her. So I’m questioning if I should just move forward without her. I’d been getting help from another advocacy group for domestic abuse victims that has a hotline with attorneys you can speak to. So I did write one motion with their help, included emails (where he’s talking to me like an animal) and filed it but haven’t done a hearing yet and stressed about doing it as I have basically zero experience in court. My soon to be ex on the other hand has been in court more times than I can count between old criminal charges and constant traffic court. I’m surprised he still has a license.

    • @AdrineLiu
      @AdrineLiu 2 місяці тому

      Same thing as what you are going through... I can feel you.

  • @jenniferhemingway530
    @jenniferhemingway530 2 роки тому +10

    Hello! When you said “you can do it “ That made my day. I am writing a motion for accounting for probate. I hope this isn’t a silly question.Can you submit your reason for your request along with evidence in your motion?

    • @NakedNarcissism
      @NakedNarcissism  2 роки тому +2

      Hi Jennifer! I am glad you were encouraged by this video. That means alot to me!! Can you tell me more as I am not sure I completely understand your question. Whenever I wrote a motion, I referenced all of my evidence in that motion and referenced each as an Appendix
      (Appendix A, Appendix B, etc.) and attached all of my evidence to the back of the motion and then filed all of it as one package. I hope this helps.

    • @jenniferhemingway530
      @jenniferhemingway530 2 роки тому +1

      @@NakedNarcissism Thank you for responding. Yes that was the question I was trying to ask. I watch your video a couple a times to figure it out. So I did write the motion to compel with my evidence of emails and text messages. I efiled. It was accepted. I just sent the original motion documents to the court. So now I am just waiting on a court date. So you can do it! Cause I couldn’t afford an attorney. Thank you again! God Bless you!

  • @RescuingourCommunities
    @RescuingourCommunities 7 місяців тому +1

    Bless you Tamara. This has helped me so much as a victim stalked for 2 years. Super informative and insightful

  • @jackpotsanimalrefuge919
    @jackpotsanimalrefuge919 11 місяців тому

    I found this video very helpful. I have to submit a motion to a court in Seattle. I live in Florida. You have definitely given me better direction. Thank youi

  • @bboylorettoEight08
    @bboylorettoEight08 Рік тому

    Wow so I just got ordered about use of cell phone for my daughters mom who used to take away my phone I bought to speak with her now they got and order for a judge to have me not interfere so this helps me think to file a motion since the mom doesn’t even follow those rules

  • @mylifewithmy3minions
    @mylifewithmy3minions Рік тому +1

    Thank you, im writing one Monday, because my ex does not want to abide by visitation. He only wants one child but we have 2 children for summer. He has consistently canceled other visits. Thanks for the info.

  • @darylhoyt5012
    @darylhoyt5012 Рік тому +7

    What app or software do you folk suggest for creation and layout of a motion?

    • @amberwilson4620
      @amberwilson4620 Рік тому

      I am curious aswell.

    • @pocahontas4583
      @pocahontas4583 Рік тому +1

      Might want to check documents for your state because they may have specific forms from the law library you should use or a blank motion form where you write in the specific type of motion.

  • @iheartherbs
    @iheartherbs 5 місяців тому

    YOU ARE A ROCKSTAR! New sub here ❤

  • @Gokywildcats11
    @Gokywildcats11 9 місяців тому

    Thanks

  • @diamondsimone
    @diamondsimone Рік тому +1

    Hello I need to file a motion in court to get a protection order lifted in court

    • @NakedNarcissism
      @NakedNarcissism  Рік тому

      Did you initiate the protective order? It is my understanding that you can just go to your local courthouse and fill out the paperwork to withdraw the protective order, but I believe you will need to also have a hearing and show evidence as to why you want to withdraw it.

  • @Avalynnlee123
    @Avalynnlee123 2 роки тому +1

    Hello! I need to write a motion asking the judge if at all posible to obtain attendance records from the school my grandchild (6 yrs old) has 2 sheets absent and lates, the day i was picking up the documents from the school the mother and i both were pulling up at the same time (9:45am) mind you school starts at 8:00 am. she saw me and called the office as i was looking at the papers with the secretrary and told the secretary not to give me any paperwork i was for emergency pickup only. But I did get to see the records, 2 weeks into school my grandchild missed 3 days because mom went on a girls trip to vegas with her sister for her birthday. And another trip to NY for 2 days. And all the other days were becasue she hung out late and didn"t get up in time to be on time or there at all. we were suppose to be in court tomorrow (June 8th) got a letter in the mail Monday (June 6th) saying, due to COVID the case has been continued to August 10th wihich is 2 months away, this is so heartbreaking considering she won't allow us to see her only when it's convenient for her. And she tells her if she says certain things (I love you daddy, grandma) on the phone she'll get a whooping. I"m sorry for the book but this is really killing me inside and need some type of info on writing a motioin asking the judge to obtain the school records in correct form.

    • @NakedNarcissism
      @NakedNarcissism  2 роки тому

      Hi. If your are only listed as 'emergency pickup only', you can always ask your attorney to subpoena the school attendance records so that you have them for the August hearing. What is the August hearing about?

    • @kandaceedwards2668
      @kandaceedwards2668 Рік тому

      @@NakedNarcissism VOID JUDGEMENT DUE TO THE LACK OF DUE PROCESS UNDER THE COLOR OF LAW
      On December 6, 2019 at 3 PM Etowah County Department of Human Resources Supervisor Sabrina DeRamus and Social Worker Brittani Studdard came before the Etowah County Juvenile courts in front of Judge Joe F Nabors to petition Dependency on the said child Kaydance Serenity Lynn Parslow at the shelter care hearing. The mother Kandace Kay Edwards at that present moment was incarcerated at Chambers county jail awaiting to go to prison at Julia Tutwiler women's prison in Elmore County Alabama. Edwards was not properly notified of this said Shelter Care Hearing. Because the mother was not properly notified under the color of law Edwards was not given the ability to hire counsel nor was she able to communicate with the judge of her current position and situation at hand. Two months after the fact of Kaydance Serenity Lynn Parslow was born the biological mother had a legal binding document handwritten, signed, and notarized giving Sandra Kiker physical custody of this said child. The geographical location is the same exact address that this said child came home from the hospital and this child's address has never changed. The location is in Anniston Alabama. Because of the fact of this said mother was incarcerated and not given full due process to this hearing Etowah County Department of Human Resources ended up getting dependency of this said child.
      What we are dealing with here is a substantive due process and procedural due process. Procedural due process concerns the procedure that the government must follow before it deprives an individual of life, liberty, or property. Making room for innovations the court has determined that due process requires notice and opportunity to be heard with an impartial tribunal. In the wake of Griswold, the court expanded substantive due process jurisprudence to protect panoply of liberties, including the right of interracial couples to marry (1967) the rights of unmarried individuals to contraception (1972) the right to abortion (1973) the right to engage in intimate sexual conduct (2003) and the right of same sex couples to marry (2015) The “substantive due process” jurisprudence has been among the most controversial areas of supreme court adjudication. The concern is that five unelected justices of the supreme court can impose their policy preferences on the nation given that by definition, unmerited rights do not flow directly from the test of the constitution.
      “Kelson V Springfield 767 F2d 651 (9th Cir 1985)”Supreme court and 9th Circuit precedent established that a parent has a constitutionally protected liberty interest in the companionship and solidity of his or her child. The states interference with that liberty interest without due process of law remediable under section 1987.
      Slaughter house cases wrote that “the due process clause protected individuals from state legislation that infringed upon their privileges and immunities under the federal constitution. While there is no definitive list of the required procedure that due process requires, “Judge Henry Friendly” generated a list that remains highly influential, as to both content and relative priority:
      1.The right to cross examine adverse witnesses.
      2. The right to present evidence including the right to call witnesses.
      3. The right to know opposing evidence.
      4. A decision based exclusively on the evidence presented.
      5. An unbiased tribunal.
      6. Notice of the proposed action and the grounds asserted for it.
      7. Opportunity to present reasons why the proposed action should not be taken.
      8. Opportunity to be represented by counsel.
      9. Requirement that the tribunal prepare written findings of fact, and reasons for its decision.
      10. Requirement that the tribunal prepare a record of evidence presented.
      This is not a list of procedures which are required to prove due process but rather a list of the kinds of procedures that might be claimed in a due process argument roughly in order of their perceived importance
      Title 5 USC 556 (d), sec. 557, sec 706; Courts lose jurisdiction if they do not follow due process. An order that exceeds the jurisdiction comes into issue (see Rose V. Himely (1808)
      This is the list for due process not only for Criminal but also civil as well as family as well. You must explain finding that can place property or liberty in parel.
      1. Give notice of Charges and Changes
      2. Clear violation of Particular standards of Conduct.
      3. Time to refute what you are being accused of.
      4. There must be a hearing before trial.
      5. Deprive life, liberty and credible evidence that support the charges.
      “WOOLEY V. CITY OF BATON ROUGE (5TH CIR. 2000)” Defendants could not lawfully seize a child without a warrant or the existence of probable cause to believe the child was in imminent danger of harm. Where police were not informed of any abuse of the child prior to arriving at the caretaker's home and found no evidence of abuse while there, seizure of the child was not objectively reasonable and violated the clearly established fourth amendment rights of the child. "MORRIS V DEARBORNE (5TH CIR. 1999) "Right to Procedural due process violated: The state denied the plaintiff the fundamental right to a fair procedure before having their child removed by the intentional use of fraudulent evidence dure the procedure. " PEOPLE V BENNETT (1923)” In reversing the conviction of a teacher who violated the law, the court held that the due process clause protected “the power of parents to control the education of their own children. ” LAWRENCE V TEXAS, 539 U.S. 558 (2003) “Protecting the right to live as an untraditional family under the due process clause. “381 US 479 GRISWOLD V CONNECTICUT 1965”The constitution also protects “the individual interest in avoiding disclosure of personal matters “Federal Courts (and State Courts), under Griswold can protect, under the “life, liberty and pursuit of happiness” phrase of the Declaration of Independence, the right of a man to enjoy the mutual care, company, love and affection of his children, and this cannot be taken away from him without due process of law. There is a family right to privacy, which the state cannot invade, or it becomes actionable for civil rights damages. “WHISMAN V RINEHART 119 F.3D 1303 (8TH CIR 1997)” Whisman filled this action against juvenile officers and social workers claiming they violated plaintiff constitutional rights of familial association, denying plaintiff's due process of law, defendants filed a motion to dismiss contending that plaintiffs' claims were not actionable under 42 USC 1983. “LASSITER V DEPARTMENT OF SOCIAL SERVICES 452 US (1981)” The court held parents have a due process right to a fundamental fair procedure that may require the appointment of counsel.
      In light of this extensive precedent, it cannot now be doubted that the due process clause of the 14th amendment protects fundamental rights of parents to make delay concerning the care, custody and control of their children
      “TROXEL V GRANVILLE” How are the courts able to determine best interest of the child which falls under care and control of the child. The constitution protects the fundamental rights of parents to make, decisions concerning the care, custody, upbringing, management, and control of their children ‘TROXEL V GRANVILLE” Any motive to protect a child from abuse does not override a parent's constitutional right “FRANZ V LYTTLE” Termination of parental rights is completely unconstitutional because it violates life, liberty, and pursuit of happiness. There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights. “SHERER V CULLEN” The state cannot diminish rights of the people “HURTADO V PEOPLE OF THE STATE OF CALI 110 US 516 Termination of parental rights is a protected fundamental right and an unalienable right that cannot be touched. The whole TPR process is unconstitutional as well as null and void on face value.

  • @Nat4U_XOXO
    @Nat4U_XOXO Рік тому

    Hi I need to write a motion for my ex-husband making false allegations and bringing me to court, which has caused me emotional stress

  • @normansim5497
    @normansim5497 Рік тому

    I love you

  • @idaliaibarra-g8f
    @idaliaibarra-g8f 2 місяці тому

    I need to motion to consolidate my child support, what can I do, how can I do that?

  • @rocmacgeorge5910
    @rocmacgeorge5910 Рік тому +1

    I'm trying to file my own motion over wage judgement llvn collector does anyone know any laws in north Dakota to help as far as account number or the privacy statement any help please

    • @NakedNarcissism
      @NakedNarcissism  Рік тому

      Please clarify what exactly you need so I can better assist you and point you in the right direction. You can give me the scoop here in the comments or if you would like to do it privately, book a free 15-minute consultation call.

    • @YoshiXO
      @YoshiXO Рік тому

      Learn consumer laws and commercial law as well as Ucc codes/usc and apply them to your life because everything is commercial in nature

  • @randy7108
    @randy7108 Рік тому

    Do you have any examples on how to write a motion, I need help with asking for parental time changes. I would like to see the language used when representing yourself

    • @NakedNarcissism
      @NakedNarcissism  Рік тому +2

      Hi Randy. Your local courthouse actually has the Modification of Custody forms to complete if you are representing yourself. Filling out those forms (most likely available online from your local courthouse) is pretty easy. It is my understanding that there has to be a material change of circumstances for the court to grant a change in parental time. I found this online to provide examples of "material change of circumstances": Common “substantial changes in circumstances” may include: a loss or gain of employment, a sudden change in either party's finances, a relocation of the parties or children, a death, a change in the child's wishes, etc.

  • @angelandenvy
    @angelandenvy 2 роки тому +1

    Were do u get the templates from

    • @NakedNarcissism
      @NakedNarcissism  2 роки тому +1

      When I first starred representing myself and writing motions, I already had a few templates because I was represented by an attorney for about 15 months. But, if I needed a motion that I didn't have a template for, I just googled to find one. It has been my experience that they are pretty accessible online. You won't necessarily find like a blank fillable template, but you will find examples of motions and then you just model your motion after what other people have written. I hope this helps.

  • @martharamirez6967
    @martharamirez6967 2 роки тому

    Presente una MOTION para mi hijo preso el tiene 20 años y tenía 16 años cuando se vio involucrado en problemas el DA lo vicitaba lo interrogaba siendo menor de edad le prometieron ayuda para el pero la ayuda fue que esperaron a que cumpliera 18 años para meterlo a una PrISON con un mínimo de 5 años presente la Motion antes de cumplir un año ya lo trajeron ala court el juez aceptó la motion en unos días ya tenemos fecha de la corte espero que se corte la sentencia PADRES NO SE DEN POR VENCIDOS CUANDO SE TIENE PRUEBAS DEL ERROR FISCAL.

    • @NakedNarcissism
      @NakedNarcissism  2 роки тому

      I am so sorry but I don't understand your language. Thank you for watching!

  • @rabiasofi9721
    @rabiasofi9721 2 роки тому

    I filled. I was given a deadline to submit required paperwork (disclosure of financial info etc). Now my question is filing supporting evidence for our appearance in two weeks.
    There is nothing in our case specifying a deadline to file such evidence (letters of compliance from therapist, photographs of other side endangering the children)
    Do i need to file it or are those things or may I simply hand to the judge?

    • @NakedNarcissism
      @NakedNarcissism  2 роки тому

      How were you notified about the deadline to submit the disclosure of financial info? In my own experience the exchange of information like what you mentioned was part of the formal discovery process. It also included stuff like Interrogatories and Production of Documents. What type of case are you involved in?

  • @timothymcmillian4951
    @timothymcmillian4951 Рік тому

    Where do you find the motions? I need to find them for unconstitutional child support.

    • @tommy2gunzharris861
      @tommy2gunzharris861 Рік тому

      Likewise my brother, I’m looking high and low because I never signed any paperwork yet I’m paying child support

  • @Kayy-rk5zu
    @Kayy-rk5zu Рік тому

    Do you have a email? I need to talk to you ASAP about defeating motion to dismiss

    • @mrsyellowhawk5
      @mrsyellowhawk5 Рік тому

      Did she respond to you?? I am trying to write my own Motion to dismiss and I need a little help.

    • @Kayy-rk5zu
      @Kayy-rk5zu Рік тому

      @@mrsyellowhawk5 he didn't respond to me n I'm trying to get his email address so he can help me but he never responded so I'm going to Google how to write a motion to dismiss.

  • @cheyennearchambeault6309
    @cheyennearchambeault6309 Рік тому

    I am not understanding the motion thing
    When I was in court the judge cut me off speaking and said I could’ve filed a motion
    I’m trying to tell them why my daughters dad is unfit
    Is there a specific thing I need to file for that?

    • @YoshiXO
      @YoshiXO Рік тому

      Its
      Called a motion!!!! You file the motion!! You want the judge to hear you?? File a motion with your evidence

    • @mrsyellowhawk5
      @mrsyellowhawk5 Рік тому

      ​@@YoshiXODo u a templates?? That's easier said then done when you already know what to do.

  • @Jennifer-007
    @Jennifer-007 11 місяців тому

    Why are we looking at the side of your head?