How Do You Write an Opposition to Motion Legal Filing?


Quick Answer

Write an opposition to a motion by detailing factual inaccuracies, disputing legal precedents, adding excluded information and pointing out incorrect applications of law, explains the Legal Aid Center of Southern Nevada. Use appropriate information and the correct format to write an opposition to a motion; this may depend on the type of motion you're contesting.

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If the motion against you includes false statements, present information that explains what the facts are, states the Legal Aid Center of Southern Nevada. Point out any incorrect applications of laws or previous court decisions contained in the motion against you. If the motion you're opposing leaves out crucial facts, include those and explain why they're relevant. When the motion against you cites a law that is not applicable or is applied incorrectly, provide an analysis that explains this to the court.

File an opposition to a motion to dispute or contest a motion filed against you in a court case, advises the Legal Aid Center of Southern Nevada. Use a form designed for opposing a motion for a summary judgement, or use a generic form for other motions. Once the form is complete, file it with the court clerk, and deliver a certified copy to anyone else involved in the case. After the form is filed, a judge holds a hearing to consider the merits of the original motion and its opposition. Attend this hearing to avoid the risk of a judge automatically ruling against you.

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