California Motion Form PDF Details

Navigating the complexities of legal proceedings can often feel overwhelming, especially when a change in representation is needed. The California Motion Form, known officially as MC-051, serves as a critical tool in this transition, allowing attorneys to formally request withdrawal from a case. Carefully structured, it requires detailed information including the attorney's name, contact details, and the client they represent, alongside the case specifics such as the name of the court, case number, and hearing dates. Its purpose is fundamental to ensuring that the legal system acknowledges an attorney's desire to be relieved as counsel, underpinned by the codes and rules governing civil procedures in California. Additionally, the form emphasizes the importance of client understanding, outlining what happens if the motion is granted — a shift that places the responsibility of the case directly onto the client, should they choose to represent themselves or seek new representation. This process not only upholds the integrity and fluidity of legal proceedings but also underscores the necessity for all parties to stay informed and prepared for the subsequent steps in their legal journey.

QuestionAnswer
Form NameCalifornia Motion Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namescalifornia motion, notice counsel, mc 051 judicial council form, marsden motion california

Form Preview Example

MC–051

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, slate bar number, and address):

FOR COURT USE ONLY

TELEPHONE NO.:

FAX NO.:

 

 

ATTORNEY FOR (Name):

 

 

 

 

 

 

 

NAME OF COURT:

 

 

 

STREET ADDRESS:

 

 

 

MAILING ADDRESS:

 

 

 

CITY AND ZIP CODE:

 

 

 

BRANCH NAME:

 

 

 

CASE NAME:

 

CASE NUMBER:

 

 

 

 

 

 

 

HEARING DATE:

 

 

NOTICE OF MOTION AND MOTION

DEPT.:

TIME:

 

 

 

 

TO BE RELIEVED AS

BEFORE HON.:

 

 

COUNSEL—CIVIL

DATE ACTION FILED:

 

 

 

TRIAL DATE:

 

 

 

 

 

TO (name and address of client):

1.PLEASE TAKE NOTICE that (name of withdrawing attorney):

moves under California Code of Civil Procedure section 284(2) and California Rules of Court, rule 3.1362, for an order permitting the attorney to be relieved as attorney of record in this action or proceeding.

2.A hearing on this motion to be relieved as counsel will be held as follows:

a.

Date:

Time:

Dept.:

Room:

 

 

 

 

 

b. The address of the court:

same as noted above

other (specify):

3.This motion is supported by the accompanying declaration, the papers and records filed in this action or proceeding, and the following additional documents or evidence (specify):

(This motion does not need to be accompanied by a memorandum of points and authorities. Cal. Rules of Court, rule 3.1362.)

4. The client presently represented by the attorney is

 

a.

 

an individual.

g.

 

 

 

 

h.

b.

 

a corporation.

 

 

 

 

c.

 

a partnership.

i.

 

 

 

 

d.

 

an unincorporated association.

j.

 

 

 

 

e.

 

a guardian.

k.

 

 

a conservator.

 

f.

 

 

a trustee.

a personal representative. a probate fiduciary.

a guardian ad litem.

other (specify):

 

 

(Continued on reverse)

Page 1 of 2

 

 

 

Form Adopted for Mandatory Use

NOTICE OF MOTION AND MOTION

Code of Civil Procedure , § 284;

 

Judicial Council of California

Cal. Rules of Court, rule 3.1362

 

TO BE RELIEVED AS COUNSEL—CIVIL

 

MC-051 [Rev. January 1, 2007]

www.courtinfo.ca.gov

MC–051

CASE NAME:

CASE NUMBER:

NOTICE TO CLIENT

If this motion to be relieved as counsel is granted, your present attorney will no longer be representing you. You may not in most cases represent yourself if you are one of the parties on the following list:

• A guardian

• A personal representative

• A guardian ad litem

• A conservator

• A probate fiduciary

• An unincorporated association

• A trustee

• A corporation

 

If you are one of these parties, YOU SHOULD IMMEDIATELY SEEK LEGAL ADVICE REGARDING LEGAL REPRESENTATION. Failure to retain an attorney may lead to an order striking the pleadings or to the entry of a default judgment.

5. If this motion is granted and a client is representing himself or herself, the client will be solely responsible for the case.

NOTICE TO CLIENT WHO WILL BE UNREPRESENTED

If this motion to be relieved as counsel is granted, you will not have an attorney representing you. You may wish to seek legal assistance. If you do not have a new attorney to represent you in this action or proceeding, and you are legally permitted to do so, you will be representing yourself. It will be your responsibility to comply with all court rules and applicable laws. If you fail to do so, or fail to appear at hearings, action may be taken against you. You may lose your case.

6. If this motion is granted, the client must keep the court informed of the client's current address.

NOTICE TO CLIENT WHO WILL BE UNREPRESENTED

If this motion to be relieved as counsel is granted, the court needs to know how to contact you. If you do not keep the court and other parties informed of your current address and telephone number, they will not be able to send you notices of actions that may affect you, including actions that may adversely affect your interests or result in your losing the case.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF ATTORNEY)

Attorney for (name):

MC-051 [Rev. January 1, 2007]

NOTICE OF MOTION AND MOTION

TO BE RELIEVED AS COUNSEL—CIVIL

Page 2 of 2

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motion to compel discovery california form conclusion process described (stage 1)

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