Does a notice of motion need to be included in the record?
California, United States of America
The following excerpt is from Arditto v. Putnam, 214 Cal.App.2d 633, 29 Cal.Rptr. 700 (Cal. App. 1963):
In Williams v. Hawley, supra, the court said, at page 100, 77 P. at p. 763: 'The notice of motion referred to in this entry, which perhaps means the notice of intention to move for a new trial, is not made a part of the bill of exceptions, and consequently, though printed in the transcript, it is no part of the record, and we cannot examine it for a statement of the grounds of the motion.'
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
On a motion to strike from the criminal record of a defendant who was convicted of sexual assault, can the motion be struck from a criminal record? (California, United States of America)
Can the record of a criminal conviction be used to determine whether to deny a motion for a motion to overturn a denial of a motion? (California, United States of America)
Can a motion to amend or renew the terms of a previous motion be considered as a renewal or amendment to the first motion? (California, United States of America)
Can a notice of motion for a new trial be signed by an attorney not of record? (California, United States of America)
Can a defendant make a suppression motion at a preliminary hearing without providing written or oral notice of motion? (California, United States of America)
What are the findings of the trial court on a motion for a new trial where a jury was not adversely affected by an audio recording that was secretly recorded during jury deliberations? (California, United States of America)
What is the test for denying a motion to amend a juror's notice of motion without meeting with the juror? (California, United States of America)
What is the test for admitting a video recording in a motion for a motion to be heard in a personal injury case? (California, United States of America)
How have courts dealt with the omission of the full text of rule 5-101 in the body of a motion to dismiss a motion for introduction of evidence on lack of notice? (California, United States of America)
