Вы находитесь на странице: 1из 3

1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California


For the County of _________
9

10

11 Any Plaintiff, ) Case No.


)
12 Plaintiffs, ) NOTICE OF MOTION AND MOTION TO
) SPECIALLY SET CASE FOR A SEPARATE
13 vs. ) TRIAL ON AFFIRMATIVE DEFENSES
) PURSUANT TO CODE OF CIVIL PROCEDURE
Any Defendant, ) 597; MEMORANDUM OF POINTS AND
14
) AUTHORITIES; DECLARATION OF ______;
Defendant. ) EXHIBITS
15
)
) [Concurrently filed with request for judicial
16
) notice]
)
17 ) DATE:
) TIME:
18 ) DEPT:
)
19 )
)
20 )
21
To subscribe to my FREE weekly legal newsletter visit
22

23 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail


24

25
address.
26
To view over 300 sample legal documents for California and
27

28 Federal litigation visit: http://www.scribd.com/LegalDocsPro

- 1 -
1 Be sure to remove this notice and all other notices before using
2

3
this document.
4 TO: ALL INTERESTED PARTIES AND THEIR RESPECTIVE ATTORNEYS OF
5
RECORD:
6
PLEASE TAKE NOTICE THAT on ____________, 20__, at _______.m. or as soon
7

8
thereafter as the matter may be heard, in Department ________ of the above-entitled court, located at

9 ________________________, _________, ____________ will and hereby does move this Court:

10 1. For an order specially setting this case for a separate trial on the First, Second and
11
Third Affirmative Defenses asserted in Defendants answer pursuant to Code of Civil Procedure
12
597 on the grounds that said Affirmative Defenses plead that the action is barred by the statute of
13
limitations, or by a prior judgment, or that another action is pending upon the same cause of
14

15 action, or sets up any other defense not involving the merits of the plaintiffs cause of

16 action but constituting a bar or ground of abatement to the prosecution thereof in that LIST HERE
17
THE SPECIFIC FACTS THAT SUPPORT YOUR REQUEST AND BE SURE TO CITE TO
18
ANY ATTACHED DECLARATIONS AND EXHIBITS.
19
The motion shall be based upon this notice of motion and motion, the attached memorandum
20

21 of points and authorities, the declaration of _________ and Exhibits attached thereto, on the request

22 for judicial notice concurrently filed and served herewith and incorporated herein by reference, on the
23
complete files and records of this action, and on such other oral and/or documentary evidence as may
24
be presented at the hearing on the Motion.
25

26

27 Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
28

- 2 -
1 Be sure to modify these paragraphs to suit your individual
2

3
situation. Do NOT just use the wording here unless it definitely applies
4
to your particular situation. Note that you must give at least sixteen
5

6 (16) Court days notice, plus an additional five (5) calendar days if
7
notice of the motion is served by mail. Court days are Monday through
8

9 Friday, except for Court holidays.


10

11
To purchase the entire 19 page document visit:
12
https://legaldocspro.myshopify.com/products/sample-motion-to-
13

14 specially-set-case-for-trial-under-code-of-civil-procedure-section-597
15

16

17

18

19

20

21

22

23

24

25

26

27

28

- 3 -

Оценить