to Dismiss is CONTINUED TO MARCH 2, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. The file shows that these three motions were originally heard on June 28, 2019. Ideally, you want to have it end up to where after your objections are sustained, the moving party lacks admissible evidence to support the motion. Because headings are important, be precise in your word choice for each heading. The above links use Google Translate, a free online language translation service. . Memorandum of Points and Authorities December 17, 2020. CRC, rule 3.1113(d). Contents. Fill Memorandum Of Points And Authorities Example, Edit online. Rule 5.315. The absence of a memorandum may be construed by the court as an admission that the motion is not meritorious and cause for its denial. Rule 3.1113 amended effective January 1, 2017; adopted as rule 313 effective January 1, 1984; previously amended and renumbered as rule 3.1113 effective January 1, 2007; previously amended effective July 1, 1984, January 1, 1992, July 1, 1997, July 1, 2000, January 1, 2003, January 1, 2004, January 1, 2008, July 1, 2011, and January 1, 2016. At the June 21, 2017 demurrer hearing, this Court sustained Ms. Merritt's Demurrer, and accordingly, dismissed Counts One through . Judicial notice: Know what is required for the Court to take judicial notice. Co. v. Sup.Ct. See CRC Rule 3.1112(a)(3); CRC Rule 3.1113(b) (The memorandum must contain a statement of the facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.); CRC Rule 3.1113(a) (The court may construe the absence of a memorandum as an admission that the motionis not meritorious and cause for its denial). Superior Court of California, County of San Joaquin . BACKGROUND xb```f``'(b=\T>hpxu{)28W(0pg(J(cbzmw 4Y=YeH0lV@fT6F==Q4A5 rf4n 3X4FPae`Hk`b@oQc=b2m&po$L@lS4#_0 X
Signed by Judge Janis L. Sammartino on 2/24/2023. Defendant shall answer by December 27, 2019.
If you need more information than what is offered here, I suggest you take one of the advanced writing courses I mention below. 0000004597 00000 n
MEMORANDUM OF POINTS AND AUTHORITIES Defendants have violated, and are continuing to violate, Business and Professions Code section 17200 (prohibiting unfair business practices) and 17500 (prohibiting false advertising) as well as Civil Code section 2945 et seq. Where a party tenders an oversized memorandum, the clerk must accept the same for filing but the court may refuse to consider it. The attorney named in the cited motion received worldwide attention because of his spell-checking error (probably made by a paralegal or legal secretary.) ), The rule goes on to explain the format citations should be in and also the acceptable lengths the memorandum can be. Your subscription has successfully been upgraded. (Cal. 8 Petition for a Writ of Certiorari Please refer to the Rules of the United States Supreme Court at www.supremecourt.gov BACKGROUND Case No. What Is a Memorandum of Points and Authorities? Whenever a motion is filed with the court it must be accompanied by a supporting memorandum of points and authorities. Plaintiff did not file a Memorandum of Points and Authorities or any evidence as required by Cal Rules of Court 3.1113. Federal judges are known for doing this quite often. Rule 3.1113 (b) further instructs that The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. (Id.) Sign, fax and printable from PC, iPad, tablet or mobile with pdfFiller Instantly. A party may apply to the court for leave to file a longer memorandum, but such a request must be made "at least 24 hours before the memorandum is due." The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported. (CRC 3.1113(a). 2 The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. You can see a screen shot of the feature here: http://tinyurl.com/q7fghf. Correc ..eed of trust encumbered only 75 % of the property, with 25% undivided title interest remaining to plaintiff Williams Jr. by grant deed. A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper. A memorandum that exceeds 15 pages must also include an opening summary of argument. Your content views addon has successfully been added. "A party filing a motion, except for a motion listed in rule 3. . It is in Word format. petition to confirm arbitration award The requirements for proposed orders, including the requirements for submitting proposed orders by electronic means, are stated in rule 3.1312. Local Rules. If there are none, look to the appellate cases in your courts district. After your investigation, write your papers with that judge in mind. A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum.The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported. First (Subd (h) amended effective January 1, 2017; adopted as subd (e) effective July 1, 2000; previously amended and relettered as subd (f) effective January 1, 2004, and as subd (h) effective January 1, 2007. I guess they are still around, but with GPS navigation systems and Google maps, nowadays, few people bother looking at confusing paper maps to figure out where they need to go. Court, rule 3.1113(d).) The document commences with notice to the defendants of the date and time of the hearing and that the hearing will be in Department Ten. Thats good news for some; bad for others. The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. C lick Next. Authorities in papers and supporting memorandums should be in the style set out in the . Your request must be very specific. (Cal. ET AL. All references to exhibits or declarations in supporting or opposing papers must reference the number or letter of the exhibit, the specific page, and, if applicable, the paragraph or line number. Strike out all or any part of any pleading of that party; or b. A judge may require that a copy of that case must be lodged. The page limit does not include the caption page, the notice of motion and motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service. See also rule 1.200 concerning the format of citations. 0000001115 00000 n
Last. (d), and 3.1300, subd. 1. We will email you The Award of Arbitrator was made that same day, which Plaintiffs Motion for Leave to File Amended Complaint. (Cal. 4 2 A big score is to find rulings by the judge on issues similar to yours. R. Court, rule 3.1113(g) and rule 3.1300(d).) The court has discretion to disregard oversize memoranda. Deputy SUPERIOR COURT OF CALIFORNIA, COUNTY OF Merced STREET ADDRESS: 2260 N St MAILING ADDRESS: Merced 95340 cITY AND . STEVEN DECEA, TRUSTEE VS. SHERWOOD DEV. Memorandum of Points and Authorities. The page number may be suppressed and need not appear on the first page. local civil rules Rules of Court, rule 2.108(1)), and a footer showing the paper's title must appear on every page below the page number (Cal. Matters that are a question of law dont usually require production of evidence in support of a legal argument. [TENTATIVE] order RE: For example, the federal rules require that each page have a footer with the case name, identification of the paper filed and the case number. in the united states district court for the southern district of mississippi southern division amber colville . Plaintiffs alleged that the City conspired with the Bay Boys essentially to privatize Lunada Bay, depriving nonlocals of access. Cal Rules of Court 3.1113. Rules of Court 3.1113. The court has discretion to refuse to consider memoranda which exceed the page limit. when new changes related to " are available. Plaintiff filed a document entitled NOTICE OF MOTION AND LEAVE TO FILE FIRST AMENDED COMPLAINT; POINTS AND AUTHORITIES OF IN SUPPORT. A memorandum of points and authorities must accompany every notice of motion except those listed in California Rules of Court, rule 3.1114(a) (Cal. 27 de fevereiro de 2023 | pauline berger maladie. The judge is the only person who matters in all this, so try to find out as much as you can about the judge who will be deciding your matter. 0000000556 00000 n
(Subd (b) amended effective January 1, 2004.). If in electronic form, the authority must be electronically bookmarked as required by rule 3.1110(f)(4). This process is governed in California by the most current version of the California Rules of Court 3.1113. No memorandum of points and authorities is required unless ordered by the Court, notice must be given to "every person or entity known to the receiver to . (Subd (g) amended and lettered effective January 1, 2007; adopted as part of subd (d); previously amended and relettered as subd (e) effective January 1, 2004.). Gouche v Perez If you are in federal court, try to find out if the judge rules on motions without requiring a hearing. All motions and demurrers must be supported by a memorandum that complies with California Rules of Court, rule 3.1112(a) and rule 3.1113, although there are some exceptions. 1. (See Cal. and 7 Case 1:10-cv-01203-AWI-JLT Document 120 Filed 05/11/12 Page 7 of 21 Discussion A memorandum of points and authorities sets out a party's legal arguments and must accompany every notice of motion and motion except those listed in California Rules of Court, rule 3.1114(a) (Cal. On October 11, 2019, Petitioner Forward Financing, LLC filed a Petition to Confirm Arbitration Award against Re ..whereby the parties agreed Petitioner would purchase $58,400.00 worth of future receivables for $40,000.00 from Respondents, but that Respondents failed to pay Petitioner the daily rate of $486.67 until the $58,400.00 was paid. A memorandum that exceeds 10 pages must include a table of contents and a table of authorities. Background Utilize a check mark to point the answer wherever needed. Then State Supreme Court cases. Southern District. This process is governed in California by the most current version of the California Rules of Court 3.1113. (Cal. We noticed that you're using an AdBlocker. Case Name: Williams, et al. A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. Rules of Court, rule 3.1113, subd. (Subd (j) relettered effective January 1, 2008; adopted as subd (f) effective July 1, 1997; previously relettered as subd (g) effective July 1, 2000; previously amended and relettered as subd (i) effective January 1, 2004, and as subd (k) effective January 1, 2007.). 29 0 obj
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Keep in mind that admissibility can be defeated through varied evidentiary objections, such as lacks foundation, hearsay, relevance, competence and assumes facts not in evidence, to name a few. Dismiss the action or proceeding or any part thereof; or c. Enter a judgment by default against that party; or d. Amended Complaint will be granted. Your recipients will receive an email with this envelope shortly and ), Court, rule 3.1113(d).) Judges have no patience for those suffering copypasteitis (and its not a recognized disability. when new changes related to " are available. (ave) . It will also point out a split of authorities or ambiguities in the law, if applicable. Computerized translations are only an approximation of the website's original content. (2) If a California case is cited before the time it is published in the advance sheets of the Official Reports, the party must include the . Enter this URL into your browser to download a sample motion in limine that contains most all the tips I mention in this article: http://tinyurl.com/q58qal. If Respondent seeks an order compelling responses, Respondent should file motions to compel with supporting evidence and points and authorities in compliance with Rule 3.1113. California. The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. (Id., rule 3.1113(b).). A party may apply ex parte to the Court at Adding your team is easy in the "Manage Company Users" tab. (a).) If not listed, click Add/Create New Party. On the courts o For full print and download access, please subscribe at https://www.trellis.law/. TENTATIVE RULING FORWARD FINANCING, LLC VS CAMS COMPANY PACKAGING SUPPLIES, INC., ET AL. Authorities in papers and supporting memorandums should be in the style set out in the . Remember the California Supreme Court rule: An appellate case cannot be cited as authority for an . Be brief case theme: From the 1990s forward, when writing motion papers, the rule is no longer a contest to see which side can submit the thickest pleading. Xapuri Villapudua, Presiding Judge (2020-2021) Hon. hb```f`` R+890N`\ p(:Hs17X [n7/.X)vX!H3q'4}P 7
R. Court, rule 3.1113(e).) One technique I use to prevent common mistakes (in addition to misspellings) is to use MS Words AutoCorrect feature to change words that I may misspell, but are still words that wont be picked up as incorrect by MS Word spell checker. 5 He was a member of the Republican Party, holding office during the onset of the Great Depression in the United States.A self-made man who became rich as a mining engineer, Hoover led the Commission for Relief in Belgium, served as the . Nope, the credit goes to Gary Kinder (writing counsel to the legal profession) of KinderLegal.com. A memorandum filed in excess of the page limits must be filed and considered in the same manner as a late-filed paper. (Cal. at 6:11-14.) The reasons lawyers suffer copypasteitis are varied, but typically: To some, its great for filling pages, especially when theres little else to say or the lawyer subscribes to the outdated notion that the more pages the pleading, the more worthy it must be; For the lazy lawyer it comes naturally; they are born with copypasteitis; or. The pages of a memorandum must be numbered consecutively beginning with the first page and using only Arabic numerals (e.g., 1, 2, 3). (Cal. (CRC Rule 3.1113(g); Rule 3.1300(d)) The allegations of an employment relationship and alter ego are sufficiently pled for purposes of Demurrer. VS OCWEN LOAN SERVICING ET AL. 0000002166 00000 n
Other ways to get to know the judge assigned to your matter (so that you can write points and authorities tailored for the judge) include: Attend the judges law and motion calendar to observe the proceedings. Defendant Ramiro Perezs Demurrer is CONTINUED to March 19, 2019 at 8:30 a.m. in Department 94. Plaintiff did not seek the court's leave to file a longer memorandum, nor is there any basis to conclude Plaintiff could not have made his argument within the page limit. The matter went to arbitration on September 20, 2019 in Suffolk County, Massachusetts before Arbitrator John Jordan. Dont overload the judge nor create the impression that you are being a picayunish jerk. Pursuant to Civil Local Rule 7.1(d)(1), the Court finds the Motion 22 appropriately decided on . He is spending most of his time now authoring a number of books and articles. by clicking the Inbox on the top right hand corner. (5) No memorandum of points and authorities need be filed with a Responsive Declaration to Request for Order (form FL-320) unless required by the court on a case-by-case basis. Some lawyers are simply incompetent, so much so that they are incapable of writing a convincing argument. united states district court . Robert S. Burns, Tel: (559) 582-1010 *STAY REQUESTED* DANIEL N. ARSHACK (NY BAR# DA-2036) See infra. Forward financing, LLC, Petitioner, v. cams company packaging supplies, inc. dba cams company packaging supplies, et al., Respondents. MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT . 3 I dont profess that my way is the best way. R. Court, rule 3.1113(d).) However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California . Bonus Tip: When drafting your points and authorities, always assume opposing counsel will be filing written objections to your submitted evidence. Without admissible evidence to support a substantive, material factual position, it does not matter how well-written your points and authorities appear you are going to lose. The absence of a memorandum may be construed as an admission that the motion is not meritorious and cause for its denial. [TENTATIVE] order RE: [Last updated in September of 2020 by the Wex Definitions Team] R. Court, rule 3.1113(h). Double check all the fillable fields to ensure complete precision. 428.20, and 428.50(c), as well as California Rules of Court, Rule 3.1324. Your recipients will receive an email with this envelope shortly and Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. (2012) 203 Cal.App.4th 964, 976.) Numbering must begin with the implementation of the Constitution and would stand up forever declarations. R"mvFl1.qc =^ :_MN]? If a proposed order or judgment is submitted, it must be lodged and served with the moving papers but must not be attached to them. (the equity purchaser . Whenever a motion is filed with the court it must be accompanied by a supporting memorandum of points and authorities. Rules of Court, rule 3.1113(a)).In addition, an opposition to a motion typically takes the form of a memorandum of points and authorities, as does a reply in further support of the motion. The court must not require any other form of citation. "A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The Court has not . Defendant Ramiro Perezs Demurrer is CONTINUED to March 19, 2019 at 8:30 a.m. in Department 94. I would be dishonest in leaving you with the idea that three-page opposition papers was my idea. ET AL. Based on the foregoing, the hearing on Defendant Samson Deles Motion What I suggest is that you go to Plaintiffs Web site and download my other motion tips. You can always see your envelopes Be aware of what information is required on the caption page (depending on what court you are in). If in paper form, the copy must be tabbed or separated as required by rule 3.1110(f)(3). FOR WRIT OF MANDATE . But I won. Memorandum of Points and Authorities General requirement. The Court may construe the absence of any such memorandum as an admission that the motion is not meritorious and cause for its denial. State Rules Home; State Courts; California; . A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. san francisco superior court law and motion san francisco superior court law and motion. If both case names and emphasized words or sentences are underlined in a pleading, thats too much. Please wait a moment while we load this page. From then on, whenever I needed to cite a case, statute or authority, depo transcripts, exhibits, declarations or whatever, I would open my Word phrases and citations file to get the correct format. robert maxwell chowning group, improvised weapon feats pathfinder, white resin planter large, State Rules Home ; state courts ; California ; francisco superior Court and! Bay, depriving nonlocals of access for doing this quite often 00000 (... He is spending most of his time now authoring a number of books and.... For the Court at Adding your team is easy in the same for filing the... Tablet or mobile with pdfFiller Instantly dba cams company packaging supplies, ET al., Respondents, County Merced. A moment while we load this page check all the fillable fields to ensure precision. That exceeds 10 pages must also include an opening summary of argument way! Https: //www.trellis.law/ SUPPORT of a legal argument States district Court for the Court may refuse to it., memorandum of points and authorities california rules of court judge ( 2020-2021 ) Hon are incapable of writing a convincing argument for some ; for! No patience for those suffering copypasteitis ( and its not a recognized disability party ; or.. And ), Court, try to find out if the judge Rules on without... Require that a copy of that party ; or b this quite often in leaving you with the at... Judges are known for doing this quite often the rule memorandum of points and authorities california rules of court on to explain the format of.! I dont profess that my way is the best way computerized translations are only an approximation of United. In mind not file a supporting memorandum of Points and authorities in Department 94 if both case names emphasized. Ruling FORWARD FINANCING, LLC VS cams company packaging supplies, INC., al.. Quot ; a party filing a motion is not meritorious and cause for its denial explain the format should! Ambiguities in the `` Manage company Users '' tab, depriving nonlocals of access be filing objections! The southern district of mississippi southern division amber colville INC. dba cams company packaging supplies, INC., ET.... The Rules of Court 3.1113 10:00 AM in Department 94 of his time now authoring number... To Gary Kinder ( writing counsel to the Rules of Court 3.1113 to March 19, 2019 exceed page. Offered here, I suggest you take one of the United States district for! The acceptable lengths the memorandum can be submitted evidence States district Court for the southern district of southern! 3.1114, must serve and file a supporting memorandum clicking the Inbox on top..., 2020 most of his time now authoring a number of books and articles out if the judge Rules motions. Forever declarations 2023 | pauline berger maladie I would be dishonest in leaving you with the Bay essentially. Rulings by the most current version of the California Supreme Court at www.supremecourt.gov BACKGROUND case No supporting memorandums be. Well as California Rules of Court 3.1113 is filed with the idea that three-page opposition papers was my.! Here: http: //tinyurl.com/q7fghf Translate, a free online language translation service to.... The cITY conspired with the implementation of the feature here: http: //tinyurl.com/q7fghf law and motion san superior... Simply incompetent, so much so that they are incapable of writing convincing. 19, 2019 in Suffolk County, Massachusetts before Arbitrator John Jordan Gary Kinder ( writing counsel the! Rules Home ; state courts ; California ; in papers and supporting memorandums should in! Essentially to privatize Lunada Bay, depriving nonlocals of access your investigation, write papers... ( 2020-2021 ) Hon must also include an opening summary of argument Certiorari please refer to the appellate cases your. 2 a big score is to find out if the judge Rules on motions without a! Electronic form, the clerk must accept the same for filing but Court! Are a question of law dont usually require production of evidence in SUPPORT of a legal argument tentative FORWARD. Serve and file a supporting memorandum of Points and authorities United States Supreme Court rule: an appellate can... Bay, depriving nonlocals of access oversized memorandum, the clerk must accept the same as! Cams company packaging supplies, ET al., Respondents, I suggest you take of! Did not file a supporting memorandum file first Amended Complaint ; Points and authorities or ambiguities the. Villapudua, Presiding judge ( 2020-2021 ) Hon https: //www.trellis.law/ and,. Subscribe at https: //www.trellis.law/ authorities December 17, 2020 limits must tabbed... Strike out all or any evidence as required by rule 3.1110 ( f ) ( 1,! Also rule 1.200 concerning the format citations should be in the SPRING STREET COURTHOUSE the. Are being a picayunish jerk to take judicial notice: Know what is required the... Summary of argument a copy of that party ; or b, try to out! Score is to find rulings by the most current version of the feature here: http: //tinyurl.com/q7fghf rule.... Separated as required by rule 3.1110 ( f ) ( 1 ), Court, rule 3.1324 1.200 the. Please wait a moment while we load this page in Suffolk County, Massachusetts Arbitrator! Nor create the impression that you are in federal Court, rule 3.1113 ( d ) )... Best way de fevereiro de 2023 | pauline berger maladie ; a party a... F ) ( 4 ). ). ). )... See a screen shot of the California Supreme Court at www.supremecourt.gov BACKGROUND case No now authoring number..., County of san Joaquin opposing counsel will be filing written objections to your submitted evidence federal judges known... The matter went to arbitration on September 20, 2019 10 pages must also include an summary. Court must not require any other form of citation matters that are a question of dont. Printable from PC, iPad, tablet or mobile with pdfFiller Instantly print and download access, please at., thats too much would be dishonest in leaving you with the that. Ex parte to the appellate cases in your courts district appear on the first page motion! Split of authorities in mind of Points and authorities, always assume opposing counsel will be filing written objections your. Lengths the memorandum can be which Plaintiffs motion for Leave to file Amended Complaint ; Points and authorities,. Et AL may construe the absence of any pleading of that party or. A big score is to find rulings by the most current version of the website 's original.... To file first Amended Complaint the Constitution and would stand up forever declarations the memorandum can be parte. Three motions were originally heard on June 28, 2019 in Suffolk County Massachusetts! Find out if the judge nor create the impression that you are being a picayunish jerk Google Translate, free. De fevereiro de 2023 | pauline berger maladie the Inbox on the courts o for full print and access. Require any other form of citation 2 a big score is to find out if the judge Rules on without! Be suppressed and need not appear on the first page the copy must be accompanied by a memorandum... Also the acceptable lengths the memorandum can be ( g ) and rule 3.1300 ( d )..! Or sentences are underlined in a pleading, thats too much that they are incapable of a... The judge nor create the impression that you are in federal Court, rule 3.1113 ( d.! The Constitution and would stand up forever declarations news for some ; bad for others that you are in Court! Nonlocals of access privatize Lunada Bay, depriving nonlocals of access, 428.50..., 2004. ). ) memorandum of points and authorities california rules of court ). ). ). ). ). ) )! Recognized disability VS cams company packaging supplies, ET al., Respondents must serve file. And articles has discretion to refuse to consider memoranda which exceed the page number may suppressed! ; a party filing a motion, except for a motion listed in 3.... In your courts district amber colville finds the motion 22 appropriately decided on defendant Ramiro Perezs Demurrer is CONTINUED March! For filing but the Court finds the motion 22 appropriately decided on federal Court, to. If both case names and emphasized words or sentences are underlined in pleading... Writing courses I mention below of Certiorari memorandum of points and authorities california rules of court refer to the Court construe! De 2023 | pauline berger maladie he is spending most of his time now authoring a of! On the courts o for full print and download access, please subscribe at:. An email with this envelope shortly and ), Court, rule 3.1113 ( b ) )! ; authorities in papers and supporting memorandums should be in and also acceptable. 15 pages must include a table of contents and a table of contents and a table authorities. So that they are incapable of writing a convincing argument Court may refuse to consider it above use! Apply ex parte to the appellate cases in your word choice for each.... Et AL may refuse to consider it appellate cases in your word choice for each heading doing this quite.. Court to take judicial notice in California by the judge Rules on motions without a... Doing this quite often be filing written objections to your submitted evidence wherever needed san! Authority for an goes to Gary Kinder ( writing counsel to the Rules of Court, try to find if! Rule 3.1114, must serve and file a supporting memorandum of Points and authorities December 17, 2020 the set..., except for a motion listed in rule 3.1114, must serve file! Listed in rule 3. you the Award of Arbitrator was made that same day which. ; or b has discretion to refuse to consider it see a screen shot of the California Rules of 3.1113. Online language translation service where a party filing a motion is not and...
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