How to file for a motion for ineffective counsel myself?

You file a pro per motion in the court. This is if the matter has not been to trial. * This will flag comments for moderators to take action. If the case is still active and at pretrial stage just fire your PD and hire a lawyer. If you can not afford one in California you need to file a “Marsden” motion to get the PD off the case.

What does it mean to file a motion in court?

A “motion” is a written request to the judge that asks for a ruling on some issue in the case. (NRCP 7 (b); JCRCP 7 (b).) 1. You write your motion 2. You file your motion with the court clerk

How to oppose a motion filed by the other side?

Click to visit Lawyers and Legal Help. If you received a motion filed by the other side and need to file an opposition, click to visit Opposing a Motion Filed Against You for forms and information. Under the court’s rules, a motion must: This is called a “memorandum of points and authorities.”

How does a judge make a decision on a motion?

At or after the hearing, the judge will make a decision on your motion. The judge might write an order on your motion herself. Or she might direct one of the parties to prepare the order for her signature. An “order” is the written decision or judgment that grants or denies your motion and is signed by the judge and filed with the court.

When do you have to talk to opposing counsel before filing a motion?

If there is no deadline for the motion you want to file, you must talk to opposing counsel at least 10 daysbefore filing the motion. You will include the date on which you talked to opposing counsel in the last paragraph of your Notice of Motion and Motion and in your Declaration.

How to file a motion to compel discovery?

Step 1: Meet and Confer . Before you file your motion, you must first attempt to “meet and confer” with the opposing counsel or self-represented party. This typically means sending a letter that informs the opposing attorney or self-represented litigant that the deadline to respond has passed, and providing him or her a

What happens when you file a motion in court?

When you file your motion, the court clerk will insert the date, time, and place of the hearing on your motion. You must then “serve” (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case.

When do you have to file a motion for certiorari?

Filing Deadline: The motion must be filed with the court at least sixteen court days prior to the hearing date ( CCP § 1005 Court days are Monday through Friday, excluding court holidays. To determine whether a particular filing date will meet this deadline, start with your desired hearing date and count backward (CCP § 12c) sixteen court days.