Motion for Deposition (Criminal)
A Motion under CRCP 15 for a deposition of an invaluable witness to preserve testimony. As can be seen, the alibi witness was elderly and in very poor health, so we needed to preserve her testimony. Did not actually get to that point as the DA made a very favorable offer, which was accepted, after this motion was filed.
Motion to Dismiss FED Case-Landlord and Tenant
Motion to Dismiss a FED case for lack of proper service and improper pleading. Ultimately, it worked, but the court still required a hearing.
Motion for Abduction Prevention Measures
Motion for Abduction Prevention Measures, which included a restriction of Parenting Time. What’s not in the motion is Crazy Mom’s constant assertion the court and I were engaged in ex-parte communications in an attempt to deprive her of her rights to due process and the fact she filed a Federal Notice of Removal instead of answering the motion (denied, of course, with an admonishment from the Federal judge that she is required to abide by Rule 11). As always, these are fact specific, but this one worked (especially as Crazy Mom failed to appear at the hearing, or otherwise respond to the motion in any way).
Motion for Attorney’s Fees Pursuant-Landlord and Tenant
A Motion for an award of attorney’s fees in a civil FED case. Filed under 13-17-101 CRS, seeking the award for a substantially frivolous, groundless, and/or vexatious action and/or pleading. Fact specific, but a good starting point in any request for fees. It was ultimately denied as the defendant “was not aware of the possibility of an award of attorney’s fees” under 13-17-102(6), despite having had several discussions about exactly that on the record.
Motion for Absentee Testimony – Landlord Tenant
Motion seeking to allow testimony via telephone for out of state witnesses/litigants.
Motion For Damages – Post Lawsuit
Motion for damages after winning the lawsuit
Motion In Limine for Brief Non-Argumentative Statement Prior to Jury Selection
Motion seeking to give a brief, non-argumentative, opening statement to a jury panel prior to voire dire. Includes constitutional language as well as direction form Chief Justice Directives on such practices.
Motion to Compel Attendance of Out of State Witness
A Motion, filed by the prosecution, asking court certification to compel attendance by an out of state witness.
Motion for Discovery of Oral Statements
A motion attempting to secure the disclosure of certain oral statements made to investigators, allegedly, by both the defendant and the alleged victim. These statements would, if true, be exculpatory in nature.
Motion to Preclude Use of the Term Victim
Somewhat standard Motion to precude referring to the accuser/complaining witness as “victim” at trial. Added language includes preclusion of using the term “defendant” in reference to the defendant at trial.
Motion for a Fair and Impartial Jury
Motion to specify and/or modify a judge’s standing voire dire procedure to allow for a more fair and impartial jury selection.
Motion to Strike a New Affidavit
PLAINTIFF MOTION TO STRIKE THE NEW AFFIDAVIT, EXHIBITS, AND ARGUMENTS ON WHICH DEFENDANT RELIES IN ITS REPLY, OR, IN THE ALTERNATIVE, FOR LEAVE TO FILE A SURREPLY
Motion to Dismiss – Lack of Personal Jurisdiction
MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION PURSUANT TO FED. R. CIV. P. 12(b)(2)