Court+paperwork,+filings,+letters,+etc+writing+tips+&+considerations

Drafted by [|11:11]

Most courts require 8-1/2 x 14" legal size paper for the filing of pleadings. You also need to check and make sure what font and size font is required. You can find this out in the //Local Rules//. You can probably call or go by the clerk's office and ask. It could be online. The enemy can and likely will refuse to file your pleadings if its not Proper.
 * Make sure you use the right size paper, font and font size.**

Using the Unsigned Plea of Guilty as an example. Have a copy to give to the judge and at the same time, give a copy to the clerk of court and ask them to mark it as defense exhibit 1 (or some such), then hand a copy to the prosecutor and a have a copy for yourself.
 * Make enough copies**

Don't think that you can bring your Motion to Strike/Dismiss with you to court on the day of trial and present it to the prosecutor. The prosecutor will likely argue that he didn't receive proper Notice and the judge will probably strike it as untimely filed. You should file your Motion as soon as possible, within a few days of receiving the ticket.
 * Be aware of time restrictions.**

If you mail your Motion (or other pleadings) to the clerk of court for filing, always write a cover letter to the clerk explaining to them what you want them to do. This is also a good place to put your Certified Mail, Return Receipt Requested number (if you decide to do C.M.). Then you can go to usps.com, put in your tracking number and print out that page after it shows the date and time it was signed for.
 * Write cover letters.**

Call or go by the prosecutors office and find out the name of the ADA assigned to your case and mail, Certified Mail, Return Receipt Requested* to his name, the copy of your Motion etc at the prosecutors office. Go to usps.com and print out when it was delivered. Make a copy of the envelope(s), after it's stamped, and ready for mailing. *[some offer that doing the mailing as Certified isn't critical] Mail or drop off at the judges office a courtesy copy of your Motion or other pleadings. You don't have to send this Certified Mail. Do make a copy of the stamped, ready to mail envelope.
 * Save copies for your records.**

I've read or heard several people mention this happening to them.
 * I filed my Motion To Strike/Dismiss/Demur and never heard anything back from the court! Why?**

Ok, when you file a Motion you need to check with your "State" local rules or the rules of whatever court you're in, because you typically have to include an Order to set a hearing date for the Motion. In "Louisiana" for example, this is called a Rule To Show Cause.

What I would do --and remember that I'm not an attorney-- is in my cover letter to the clerk accompanying my Motion as well as in my cover letter accompanying my courtesy copy of my Motion to the judge is ask them in the interest of judicial economy, to set the hearing date on the same date as your next scheduled court appearance but at the time immediately preceding whatever you have scheduled for court i.e. arraignment, trial, etc. You have to ask and be specific.

Below is to set a Rule To Show Cause hearing on a Motion For Summary Judgment. It was drafted and filed by a "real" lawyer. Nothing has been redacted and you can independently verify it. You'll need to change some things, obviously, but I really like the way it is formatted: