This sample motion for reconsideration for a California divorce case is made pursuant to Code of Civil Procedure section 1008(a) and Family Code section 210. The sample can also be used in a legal separation or nullity case in California and requests that the Court grant reconsideration of their ruling on a motion or request for order on the grounds that new or different facts or circumstances have been discovered since the date of the order or new or different law since the date of the order. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail.
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Sample motion for reconsideration for California divorce
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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
In re the marriage of:
Petitioner: _________________________
and
Respondent:____________________________
))))))))))))))
Case No.
MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF MOTION FOR
RECONSIDERATION OF ORDER _________;
DECLARATION OF ________;
EXHIBITS
DATE:
TIME:
DEPT:
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POINTS AND AUTHORITIES-MOTION FOR RECONSIDERATION
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TO THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF
RECORD:
____________ herein submits their Memorandum of Points and Authorities in support of
their motion, pursuant to Code of Civil Procedure § 1008(a) and Family Code § 210 for
reconsideration of the order dated ________ in which the Court LIST THE ORDER YOU WANT
THE COURT TO RECONSIDER. THE ORDER SHOULD BE MODIFIED, AMENDED OR
REVOKED on the following grounds:
1. New or different facts or circumstances have been discovered since the date of the
order in that LIST THE NEW OR DIFFERENT FACTS OR CIRCUMSTANCES AND WHY
THEY WERE NOT DISCOVERED BEFORE.
2. New or different law since the date of the order in that LIST HERE THE NEW OR
DIFFERENT LAW SUCH AS A RECENT REVISION TO A CODE OR STATUTE, OR A
RECENT PUBLISHED CALIFORNIA COURT OF APPEAL OR SUPREME COURT CASE.
_____________ requests that this Court modify the prior order as to LIST HERE HOW
THE ORDER SHOULD BE MODIFIED, AMENDED OR REVOKED SUCH AS REQUEST
FOR ORDER OR MOTION SHOULD HAVE BEEN GRANTED OR DENIED, ETC.
The motion will be based on the notice of motion or request for order and the memorandum of
points and authorities served and filed herewith, on the declaration of __________ and Exhibits
attached thereto, on the papers and records on file herein, and on such oral and documentary evidence
as may be presented at the hearing of the motion
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation.
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POINTS AND AUTHORITIES-MOTION FOR RECONSIDERATION
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Note that you MUST file and serve this notice of motion and
memorandum of points and authorities within 10 days of the date of
service on you of written notice of entry of the order such as a notice of
ruling, etc. by the clerk of the court, or service upon you by any party.
You MUST also serve all adverse parties.
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
To view the sample document on which this preview is based visit:
https://www.scribd.com/doc/249326958/Sample-Motion-for-
Reconsideration-for-California-Divorce
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POINTS AND AUTHORITIES-MOTION FOR RECONSIDERATION