motion to waive filing of excerpts of record
If you are involved in a legal case, you may be required to file excerpts of record. These are portions of the official court record that are relevant to your case. However, in certain situations, you may be able to waive the filing of excerpts of record altogether. In this case, you will need to draft and file a motion to waive filing of excerpts of record.
Drafting the motion to waive filing of excerpts of record:
1. Understand the basis for your motion: There are several reasons why you may need to make this request, including:
· The record is too voluminous
· The record is irrelevant to the issue being appealed
· The record has already been submitted in a related case
Once you have identified the basis for your motion to waive filing of excerpts of record, you can begin drafting it.
2. Draft your motion: Your motion to waive filing of excerpts of record should be written in a professional, concise manner. It should clearly state the basis for your request and provide any supporting evidence. Here is a basic outline of what your motion should include:
· Caption: Include the name of the court, the case number, and the names of the parties involved.
· Introduction: Briefly state the purpose of your motion to waive filing of excerpts of record and the legal authority that allows you to request a waiver of excerpts of record.
· Statement of facts: Explain why you are requesting a waiver of excerpts of record. This includes a summary of the relevant facts and why the full record is unnecessary.
· Legal argument: Provide legal authority to support your request for a waiver of excerpts of record. This includes case law, statutes, or court rules.
· Conclusion: Sum up your argument and request that the court grant your motion to waive filing of excerpts of record.
Filing the motion to waive filing of excerpts of record:
1. File: Once you have drafted your motion, you must file it with the court. You will also need to serve a copy of your motion on all parties involved in the case.
2. Attend the hearing: If the court grants your motion, you will not need to file excerpts of record. However, if the court denies your motion, you may need to file the excerpts of record as required. You may also need to attend a hearing to argue your motion before the court.
In summary, drafting and filing a motion to waive filing of excerpts of record can be a complex process. However, by following these steps and seeking guidance from an attorney if necessary, you can increase your chances of success. Remember to be clear and concise in your motion, and provide any supporting evidence or legal authority to back up your request.
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