What are the three parts of a Motion on Notice?

What are the three parts of a Motion on Notice?

• A. Notice of motion; Memo of law
• B. Notice of motion; Affidavits; Memo of law
• C. Affidavits; Memo of law
• D. Notice of motion; Affidavits

Answer: (B)

The main idea here is what practical pieces make up a Motion on Notice in civil procedure. For such a motion to be complete, you need three components: a Notice of motion, affidavits, and a memorandum of law. The Notice of motion serves to inform the opposing party and set the date for the motion’s return or hearing, ensuring due process. The affidavits provide sworn factual background—the concrete facts the court needs to decide the motion. The memorandum of law outlines the legal arguments, cites statutes and case law, and explains why the relief requested should be granted. If any one of these pieces is missing, the motion lacks either proper notice, factual support, or legal argument, making it incomplete. The option that includes all three parts—Notice of motion, affidavits, and a memorandum of law—is therefore the best choice.

The main idea here is what practical pieces make up a Motion on Notice in civil procedure. For such a motion to be complete, you need three components: a Notice of motion, affidavits, and a memorandum of law. The Notice of motion serves to inform the opposing party and set the date for the motion’s return or hearing, ensuring due process. The affidavits provide sworn factual background—the concrete facts the court needs to decide the motion. The memorandum of law outlines the legal arguments, cites statutes and case law, and explains why the relief requested should be granted. If any one of these pieces is missing, the motion lacks either proper notice, factual support, or legal argument, making it incomplete. The option that includes all three parts—Notice of motion, affidavits, and a memorandum of law—is therefore the best choice.