The first Motion

As I begin my third week in this internship, I can start writing motions and discoveries. Up to this point, I've been writing mainly letters to clients and prosecutors, but now I get to begin writing documents more intense. First, let me try to explain what a motion and discovery is. A motion is a document that asks for something. For example, let's say a client couldn't make it to a court date because of some other requirement. If we want to continue the hearing until a further date, we must file a motion for continuance. In this motion we would write to ask that the hearing date be continued to a further date. We can have motions for other things, as well. Writing motions for the first time is definitely confusing. I was asked to write a motion for a discovery. (A discovery is something that was found that pertains to the case and is could potentitally have a case be won or lost.) Motions are written for prosecutors, as well as judges or different offices (i.e. parole office). The style in this is very professional and written in "lawyer talk." The client is given a copy as well, for their records.

My first time writing a motion for discovery was confusing and intimidating because I have never written one before. Luckily, I had a template I could follow, which made it easier to write. What I wrote, I'm sure, wasn't perfect, but I feel as though I did a good job on it, being that it was my first motion ever. There are different forms in which a motion can be written, but the one I wrote was straight-forward (listing everyone involved in the case, the different cases the discovery is relevant for, etc.). Though it does not take too long to write, I had to make sure I had all the right information and that what I wrote was appropriate for the audience I was writing for.

With every motion, or anything you write pertaining to a case, you must provide a copy to the prosecutor, judge, and anyone else involved with the case. Because of this, you have to write a certificate of service. This is just something that is written at the end of the motion saying that you have faxed this document to everyone else involved in the case (i.e. the prosecutor, judge). This is something simple to write. There is a template that I used where all I had to change was the date and the people to whom it was faxed.

As I begin writing more important documents, the tone and style I must use differs from the letters I have been writing. The tone is much more professional and I am required to write in "lawyer talk," which I admit is difficult since I am not all too familiar with the lingo. However, after writing a few motions, I'm beginning to feel a bit more comfortable with the writing process. As I continue this internship and continue to grow as a writer, I will be able to write more complicated documents, like briefs, maybe. Until then, I'll just stick to letters, motions, and certificates of service.