ADVOCATES FOR CHILDREN
AND FAMILIES
MOTIONS
GENERAL, 778, DISCOVERY
AND OTHERS
WHAT IS A
MOTION?
w
ALLOWS YOU ACCESS TO LET
THE COURT KNOW WHAT YOU WANT
w
YOU CAN ASK THE COURT TO
ISSUE AN ORDER GRANTING WHAT YOU WANT
w
YOU PRESENT EVIDENCE AND
WITNESSES TO SUPPORT YOUR MOTION
w
YOU CAN ASK WITNESSES ON
YOUR SIDE OR THE OTHER SIDE QUESTIONS
w
YOU CAN REQUEST
DISCOVERY, DOCUMENTS FROM THE OPPOSITION
w
YOU CAN SUBPENA
WITNESSES TO TESTIFY
WHY USE A
MOTION
w
YOU
CAN BRING ISSUES TO THE COURT WHICH THEY MIGHT NOT KNOW
w
YOU
CAN TAKE THE OFFENSIVE IN YOUR CASE
w
YOU
CAN PRESENT EVIDENCE AND WITNESSES TO SUPPORT YOUR CASE
w
YOU
CAN DO MOTIONS WITHOUT A ATTORNEY IF YOU CAN NOT AFFORD ONE AND IT IS CALLED
“IN PRO PER”
GENERAL MOTION
w
INSERT
NAME, ADDRESS & PHONE #
w
ADD
TYPE OF MOTION I.E. WIC 778
w
BRIEFLY
STATE THE ISSUES
w
SUMMARIZE
EVIDENCE AND ATTACH AS EXHIBITS A, B, C, ETC.
w
CONCLUSION
OF WHAT YOU WANT
w
REQUEST
THE COURT ISSUE AN ORDER
TYPES OF
MOTIONS
w
778
MOTION
w
DISCOVERY
MOTION
w
WITNESS
LIST AND SUBPENA
w
RECUSAL
MOTION
w
MARSDEN
MOTION
778 MOTION
w
A
778 MOTION IS USED IN JUVENILE COURT TO PRESENT NEW INFORMATION ABOUT YOUR CASE
OR A CHANGE IN CIRCUMSTANCES
w
A
388 IS FILED WITH THE COURT AND ON ALL PARTIES, IE ATTORNEYS, PARENTS, DA OR
COUNTY COUNSEL
778 MOTION THE
LAW
w
778.
Any parent or other person having an interest in a child who is a ward of the
juvenile court or the child himself through a properly appointed guardian may,
upon grounds of change of circumstance or new evidence, petition the court in
the same action in which the child was found to be a ward of the juvenile court
for a hearing to change, modify, or set aside any order of court previously
made or to terminate the jurisdiction of the court. The petition shall be
verified and, if made by a person other than the child, shall state the
petitioner's relationship to or interest in the child and shall set forth in
concise language any change of circumstance or new evidence which are alleged
to require such change of order or termination of jurisdiction.
778 MOTION
RULES
w
All petitions must be liberally
construed in favor of the petitioner, and is a final safety net protecting
familial relationships. [California Rules of Court [1], rule 1432, In re Marilyn H.,
5 Cal.4th 295] and parent need only make prima facie showing to
trigger right to full hearing on petition. In re Michael D.(App. 2 Dist.
1996) 59 Cal.Rptr.2d 575, 51 Cal.App.4th 1074.
w
Rule 1432. Petition for modification
w
(a) [Contents of petition (§§ 388,
778)] A petition for modification must be
liberally construed in favor of its sufficiency. The petition must be verified
and must contain the following:SEE FORM PROVIDED
w
(g) [Conduct of hearing (§ 778)] The
petitioner requesting the modification under section 778 has the burden of
proving by a preponderance of the evidence that the ward's welfare requires the
modification. Proof may be by declaration and other documentary evidence, or by
testimony, or both, at the discretion of the court.
778 MOTION HOW
w
WE
HAVE A SAMPLE 778 MOTION
w
DECIDE
WHAT EVIDENCE YOU HAVE
w
PREPARE
YOUR REASONS TO FILE
w
SUCH
AS COMPLETED CLASSES, NEW HOME, CHANGED RELATIONSHIP OR OTHER IMPORTANT FACTS
w
EVIDENCE
OF LIES BY PROBATION
778 MOTION
FILED
w
MAKE
SURE YOU USE THE JUVENILE COURT FORM COVER TO YOUR MOTION, JV 740
w
THE
FORM MAY REQUIRE ADDITIONAL ATTACHED INFO
w
SEE
EXAMPLES IN CLASS
DISCOVERY MOTION AND WITNESS
LIST WITH SUBPENA FILED
w
YOU
MAY NEED TO FILE A DISCOVERY MOTION FOR INFORMATION YOU NEED AND SUBPENAS FOR
WITNESSES
w
THESE
WILL BE CAREFULLY BASED UPON THE INFORMATION YOU HAVE IN YOUR 778 MOTION
778 MOTION IN
COURT
w
ONCE
YOU HAVE FILED THE 778, A DISCOVERY MOTION AND SUBPEONA FOR WITNESSES YOU MAY
BE GRANTED A TRIAL
w
YOU
MUST PREPARE YOUR NOTES TO REPRESENT YOURSELF AT TRIAL
778 TRIAL (1)
w
THE
COUNTY COUNSEL REPRESENTING THE PROBATION MAY PREPARE AN OPPOSITION MOTION TO
YOUR 778
w
YOU
MUST REVIEW THIS TO PREPARE FOR THE HEARING. IF THEY GIVE IT TO YOU AT THE LAST
MINUTE THEN YOU MUST ASK FOR A TIME EXTENSION IN ORDER TO PREPARE FOR THE TRIAL
778 TRIAL (2)
w
THIS
IS YOUR CHANCE TO PRESENT THE EVIDENCE FROM THE RECORDS YOU HAVE REQUESTED AND
TO CALL WITNESSES
w
MAKE
A LIST OF QUESTIONS TO ASK YOUR WITNESS TO PROVE YOUR POINTS
w
QUESTION
THE PROBATION OFFICER OR OTHERS ABOUT INFORMATION WHICH THEY HAVE INCLUDED IN
REPORTS, ESPECIALLY THE LIES YOU FIND AND PRESENT EVIDENCE TO DISPROVE LIES
778 TRIAL (3)
w
STATE
THAT IT IS IN THE BEST INTEREST OF YOUR CHILD TO HAVE THE TRUTH ON THE RECORD
FOR THE COURTS EVALUATION
w
TAKE
NOTES ON THE QUESTIONING BY THE OTHER ATTORNEYS
w
PREPARE
TO CROSS EXAMINE THE WITNESSES WITH THE NEW INFORMATION BROUGHT OUT BY THE
OTHER ATTORNEYS
778 TRIAL (4)
CLOSING
w
MAKE
YOUR POINTS FOR CHANGES IN CIRCUMSTANCES WITH EVIDENCE
w
MAKE
YOUR POINTS ABOUT THE BEST INTEREST OF THE CHILD
w
BRING
OUT THE FACTS AND WHY THE COURT SHOULD GRANT YOUR 778
DISCOVERY MOTION
w
A
DISCOVERY MOTION IS USED TO OBTAIN ALL RECORDS OF THE PROBATION DEPT. IF NEEDED
w
FILE
YOUR DISCOVERY MOTION AT THE TIME YOU FILE YOUR 778 MOTION WITH THE JUVENILE
CLERK, IF NEEDED
w
SERVE
ALL MOTIONS ON ALL PARTIES, ATTORNEY FOR CHILD, OTHER PARENTS, COUNTY OR OTHER
INTERESTED PARTIES
WITNESS LIST
AND SUBPENA
w
YOU
MUST PRESENT THE NAMES OF WITNESSES AND THE REASON THEY ARE NEEDED TO SUPPORT
YOUR CASE
w
THESE
WITNESSES MUST BE SUBPENAED TO BE PRESENT AT THE TRIAL WITH THE JUVENILE
SUBPENA FORM AS APROVED BY THE COURT
CONCLUSION
MOTIONS BY ACF
w
THERE
ARE MANY TYPES OF MOTIONS YOU MAY FILE DEPENDING ON YOUR CASE
w
ACF
IS THERE TO HELP YOU HELP YOURSELF
w
AS
A GROUP WE CAN GET JUSTICE