How To Write Your Own Pro Se Motions.

Preparation
First, you want to use your computer and your printer to type your pleading
(motion) up. It should be letter size paper and the font should be 12 point. Except
for the top part, the style of the case, it should be at either 1.5 or double spaced.
Every new motion goes with a Notice of Motion, together, if you are the MOVANT

The Style
This is easy but it would help if you have another pleading in your case. Everyone
who has ever
looked at the first page of a legal pleading has seen a style of the case. In a
criminal
misdemeanor case, it is often difficult to find a pleading which has the proper style
on it. If you
have a style in your case, just copy it.
The style is the top 1/4 or 1/5 of the first page and it identifies the court, the parties,
the case
number and the title of the motion or pleading.
The very top line will list the name of the court in all capital letters. It may say, IN
THE COUNTY
COURT IN AND FOR ORANGE COUNTY or, for a circuit court case it would say,
IN THE CIRCUIT
COURT OF THE 17TH JUDICIAL CIRCUIT OF FLORIDA, next line, IN AND FOR
BROWARD
COUNTY, FLORIDA.
The identification of the court should be about a half inch from the top of the page.

Style Continued
Next, on the left side of the page you list the names of the parties. You have seen
this before.
All capital letters:

JOE PUBLIC,
Plaintiff
vs
JOHN DOE,
Defendant.

On the right hand column or side you put the case number and under that the
name of your motion, such as:

MOTION TO MODIFY SUPPORT ORDER or MOTION TO ENFORCE VISITATION

RIGHTS.

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The Preface
After you have the style completed, now you are ready to write the body of the
motion. The first
paragraph begins with your title and name in the action: "The Plaintiff, John Doe,
respectfully moves that the court grant an order to (whatever it is you want the
court to do) and in support thereof says the following:"
In essence, you say in one sentence, what you want from the court and then you
follow it up
with numbered paragraphs as to why you want it to do want you want.

Paragraphs in Support
Then, you list the reasons why you want the order or why you are entitled to it.
You list these reasons in short, concise, simple sentences in numbered
paragraphs. You presume the judge does not remember what the case is about so
you inform him/her. Such as:
1. The Court issued an order of visitation in this case on April 15, 2009.
2. The respondent/former wife refuses to obey the court's order of April 15, 2009
by refusing to
allow the petitioner/father to see his child(ren). [or whatever it is that is the
problem]. As so on.
You must only state the BARE BONES of you case. This is not the place for a short
story or an
essay. Just the barest of bones of what you want and why. You will get a chance to
TELL the judge the details at the hearing. If you can get this part of the motion on
only one page, so much the better.

Prayer Clause
Finally, after listing the reasons why you want and are entitled to the order, you do
a final paragraph which begins like this:

Wherefore, the Petitioner (meaning you) respectfully moves this Court to issue an
order requiring the Respondent to (do whatever it is that you want to court to do). It
is a kind of repeat of the first paragraph of the motion. You may also ask for court
costs, if you have any, at this part of the motion.

Respectfully submitted

On January 20th 201X,

This is the MOTION! Do NOT forget to sign it!!!
_________________________________
ALBERT PRINCE
-In Pro Per

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Notice of hearing (notice of Motion) (included w the MOTION)
You are not finished yet. You need to set your motion down for hearing in front of
the judge. To do that you need a date and time. To get the date and time you must
call the Court Clerk of “Civil, Criminal, Family, etc. division.
Tell him/her that you are "Pro Se" (meaning without an attorney)
and you have a pro se motion to do whatever and that you need a hearing date
and time.
Listen to what she has to say and write it down. She should give you a time and
date.
note: Most Courts are doing “electronic filing” nowadays. If you want to go this
route, give yourself time to set up your account, ccard No, for payments and HOW
to use it. IF YOU cannot afford the fees, fill out a “fee waiver” form and INCLUDE
it with your motion.

Notice of Hearing (Continued)

Next you have prepare a “notice of hearing”. In a NEW page.
This is a simple one page document that begins with the style just as you did it
above except
instead of naming the Motion, you simply call it "Notice of MOTION" up at the top
CENTER of the page.
Underneath you write:
NOTICE OF MOTION

TO: PETER PAN, GEORGE GOOFY (Opposition and Atty.)

YOU AND EACH OF YOU, WILL PLEASE TAKE NOTICE that the undersigned
will bring to the above and foregoing Motion for the hearing the above-entitled Court on
the

8th day of August, 201x Time: 8:30 am of said day, in Department 12

Superior Court - county of yourCounty

1815 Crescent Ave.
Tinsel Town, Ca. 9XXXX
Metro Div.

Dated this 9th day of July, 201X

_________________________________
ALBERT PRINCE
Same as Pro Se>> -IN PRO PER
Tinsel Town, Ca 9XXXX

on the motion. And then you sign it.

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Mailing
You need to make three copies of both the motion and the notice of hearing. Then
you mail the
ORIGINAL to the clerk of the court at the appropriate courthouse. Make sure the
right case number is on the documents because the clerks only go by case
number. You could even hand deliver it if you want. Then you mail one copy to the
other party or his/her attorney.
Remember that it is absolutely essential that you send a copy to the other party at
the correct address.
And finally you keep One copy for your own use.

Certificate of Service
The next paragraph is a statement that you have mailed a copy of the motion to
either the other
party or, if he or she is represented by an attorney, then to that attorney. The
certificate goes
like this:
"I hereby certify that I have mailed a copy of this motion to Jane Doe at 100 East
Main Street, Anytown, Florida 33301
on the 10th day of June, 201X."

It is absolutely essential that you mail a copy of your motion to the opposing party
or his/her attorney at the correct address, otherwise your motion will not be heard.
Finally, you have to type your name, address and phone number on the right side
bottom of
your motion and provide a signature line for you to sign.

Conclusion
By explaining it this way it may appear complicated but it is not. This is not rocket
science. You are merely communicating in writing what you want and when you
plan on asking the court for it. You simply have to articulate the bare bones of what
you want in writing so that the judge and the other party knows why they are there.
Even if you don't get it perfectly correct, don't worry.
You are not a lawyer and not expected to write like one. And remember, no essays
and no venting.
The judge is going to read this so watch your language and be reasonable, logical,
and CIVIL in what you say. It is at the hearing that you get to give the judge the
details so save the details for then, and they must also be civilly delivered.

Good Luck!

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