Motion Practice

Courses

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   Oral Arguments

   Rules, norms, and tips for arguing a motion before a judge; and tips for preparing for an oral argument.

   • Navigating the Courtroom
   • Oral Arguments
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   Tips for Persuasive Writing

   How to write a brief persuasively, including achieving the right tone, style, and language. Also includes how to present your facts effectively and target your audience.

   • Drafting Your Brief
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   Motions to Dismiss: Strategies for 12(b)(6) Briefing

   An advanced discussion of motions to dismiss for failure to state a claim (in state or federal court), including planning your motion, developing your arguments, and procedural tips—whether you're the moving or opposing party.

   • Specific Motion Types
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   Summary Judgment Briefing Strategies

   An advanced strategic discussion of summary judgment motions, whether you’re the moving or opposing party—including deciding whether to move, choosing your arguments, and presenting the facts.

   • Specific Motion Types
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   Argument Section of a Brief

   Structuring the argument, ways to present and argue legal authorities, tips for integrating facts and legal argument, and other drafting strategies.

   • Drafting Your Brief
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   Facts Section of a Brief

   Presenting the facts of the case in a clear and persuasive way, including selecting which facts to include, organization, and addressing “bad facts.”

   • Drafting Your Brief
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   Preliminary Statement in a Brief

   How to draft an engaging, effective preliminary statement, including what to include and how to make it persuasive.

   • Drafting Your Brief
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   Citations and Bluebooking

   Checklist for substantive review of legal authorities in a brief, format of legal and record citations, common mistakes, and when in the drafting process to prevent errors.

   • Drafting Your Brief
   • Preparing Your Filing
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   Opposition Briefs

   How to approach writing an opposition brief, including things to look for in the opening brief, planning your arguments, structuring the brief, and strategies for drafting effectively.

   • Drafting Your Brief
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    Reply Briefs

    How to approach drafting a reply brief, including goals, choosing what to argue, and drafting the introduction and argument sections.

    • Drafting Your Brief
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    Appellate Briefs

    How to approach drafting an appellate brief, including choosing and preparing your arguments, tips for drafting your facts and argument sections, procedure, and how appellate briefs differ from lower court briefs.

    • Appeals
    • Drafting Your Brief
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    Supporting Motion Papers

    Discussion of supporting documents that may be filed with a brief. Covers the notice of motion, proposed order, declarations and affidavits, exhibits, motions to seal, and proof of service. Provides drafting tips and rules, as well as guidance on how to avoid a last-minute scramble with numbering your exhibits.

    • Preparing Your Filing
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    Discovery Motions

    Strategies and procedure for motions to compel, opposing motions to compel, and motions for a protective order. Discusses pre-filing requirements, drafting considerations, argument tips, and exhibits to include.

    • Specific Motion Types
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    Preliminary Injunctions and TROs

    Strategic considerations, when TROs and PIs are used, the legal standard, procedure and moving papers, and litigating a preliminary injunction.

    • Specific Motion Types
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    Motions to Amend Pleadings

    Developing arguments both supporting and opposing motions for leave to amend, including a discussion of the various grounds for denial. Rules, procedure, and the legal standard.

    • Preparing Your Filing
    • Specific Motion Types
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    Virtual Court Appearances

    Best practices for appearing before a judge virtually, and how best to prepare.

    • Navigating the Courtroom
    • Oral Arguments