18. Set Motions Date

The following sample motion to Set Motions Date must be properly formatted with header information, line numbers, page numbers, etc. before being used in any court.

Some courts require that motions concerning the merits of the case be heard on a certain date, known as a Motions Date. Other courts allow the parties to file motions on regularly set dates, e.g. “criminal motions will be heard Tuesday through Thursday at 8:30 in Department LM.” Still other courts require the parties to clear motions with the clerk before adding them to the motions calendar, i.e. the defense will call the clerk to determine what dates are available. If the court uses the Motions Date system, the court will generally set the first Motions Date, but if additional motions are required, the defense may be required to bring a motion to set a Motions Date.


TO THE COURT AND THE DISTRICT ATTORNEY: PLEASE TAKE NOTICE that at the date and time indicated above, or as soon thereafter as the matter can be heard in the above entitled court, the defendant will move that the Court set a Motions date.

The motion will be based on this notice of motion, the attached declaration, the memorandum of points and authorities served and filed herewith, the records on file in this action and on such oral and documentary evidence as may be presented at the hearing.


By Bill Slocumb,
Attorney for Donny Dave


I, Bill Slocumb, Attorney for Defendant, declare:

Additional motions are necessary to properly prepare this matter for trial. Specifically, discovery produced in response to previously litigated motions has revealed that the affidavit in support of the search warrant may have contained falsehoods, so a Motion to Traverse is needed.

Based on the foregoing, I respectfully request a new Motions Date.


By Bill Slocumb,
Attorney for Donny Dave


Code of Civil Procedure §128, holds that “Every court shall have the power… To provide for the orderly conduct of proceedings before it… [and] To amend and control its process and orders so as to make them conform to law and justice…”