The memorandum of points and authorities is a document setting forth the background facts and legal authorities to support the motion.  .

When opposing a motion, it is important to include case law and other authority that the judge should consider

Under the federal rules, a motion must be made in writing.

The California Rules of Court govern the form, notice and content of motions.

The proof of service should never be attached to the motion.

A proof of service is a certificate that states that service on the other parties has been made in a proper manner.

As a general rule, CCP § 1005 provides that a motion must be served and filed at least 20 days in advance of the hearing.

The motion must include a writing notice of motion, a memorandum of points and authorities identifying the law supporting the motion, and a proof of service.

If the motion is not going to be opposed, the respondent should advise the other attorney or file a notice of non-opposition.

Tentative rulings are often issued to give the parties the court’s preliminary thoughts.  In that way, the parties can concentrate at oral argument on the issues that the court finds to be most critical to the decision-making.

You do not need to follow the local rules governing motions so long as you follow the Code of Civil Procedure.

The proof of service is usually attached at the end so the court clerk can quickly verify that the motion was served timely and in a proper manner.

Following service of the motion, the originals of the notice and motion should be filed with the clerk of the court along with a proof of service.

A moving party may want to give greater notice because it is less likely that the opposing party will need to obtain a continuance of the hearing date, or seek additional time to respond.

A verified petition is no longer required under the Federal Rules of Civil Procedure when a defendant wishes to remove an action from state court to federal court.

Hearing dates are determined by local court rules.  The easiest way to ascertain hearing dates is to contact the clerk of the court and determine what days the court hears motions, and the time for such motions

All motions must be served on the opposing party by hand.

In general, the memorandum should have an introduction providing any factual background necessary to understand the motion, an argument section discussing the legal authorities upon which the motion is based, and a conclusion.

Written opinions or formal court orders are issued in more complex and important motions.

As a matter of good practice, all documentation that accompanies a motion should be attached to and served with the motion.

If a motion to extend time is made before the expiration of the applicable time period, the court may grant the motion for good cause, absent a showing of bad faith or actual prejudice.

A memorandum of points and authorities is the same as a declaration or affidavit.

The party bringing the motion is generally referred to as the moving party.

A notice for removal of an action from state court to federal court must be made within 30 days after the defendant receives notice of the plaintiff's initial pleading.

Once a lawsuit is filed, there may not be a substitution of parties.

The party responding to a motion is generally referred to as the respondent (or responding party).

A minute order is simply a form that the clerk of the court makes reflecting the court’s ruling.

If a motion to extend time is made after the applicable time period has expired, the moving party must show good cause for granting the motion.

Once a notice of removal is filed, the parties must wait for an order from the court to effect the removal.

A proof of service is a certificate issue by a lawyer or non lawyer that states that service on the other parties has been made in a proper way.