Pleading Instructions

These general instructions should be used with caution because rules constantly change, and courts often have local rules that require different formatting, the addition of more information in the pleadings, or other variances from these instructions.

Search Terms

Pleadings cannot be filed without first being edited.  Some pleadings, such as an informal request for discovery, need only be edited to include the attorney’s name and contact information along with the case name and number, but more complex pleadings, such as a motion to dismiss pursuant to Penal Code §995 must be heavily edited to include case-specific facts prior to filing. If you are a pro per defendant, we strongly advise you to seek advice of counsel prior to filing anything. If you are an attorney, we suggest that you hire us to create a full set of all pleadings from all of our books with your name, bar number, and contact information already in the pleadings.

Pleadings in the pleading packages use search-and-replace terms.  Not all terms are in every pleading, but search terms are generally as follows:

Notice Requirements

“Notice” simply means providing a copy of a motion to other interested parties.  In most cases, this means giving a copy of your motion to the district attorney, but some motions must also be served on the probation department, a law enforcement agency, the city attorney, county counsel, or someone else.

Generally, a defendant cannot serve his own pleadings, and most law firms use a messenger or paralegal service to serve pleadings.  The service picks up pleadings from the law firm, serves all required parties, files the pleadings with the court, and then returns endorsed copies to the law firm.

Service of motions on counsel for codefendants is technically not required for most motions, but local rules often require service on counsel for codefendants, so it is generally the best practice to always serve each attorney for each codefendant.  It is easier to serve a motion on extra people than it is to enforce technical rules, so non-essential parties are shown in the chart below.  Service times refer to personal service, but the court may require an additional five days if service is by mail.  The number of days refers to court days – days the court is in session.

The following chart summarizes notice requirements and recommendations.