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What are other ways of persuading a court on a motion?

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Judges are human and in addition to following the law, they want to make sure that they’re actually achieving a just result. And the fairness of an outcome is something that can be a mitigating factor as to an outcome that may be harsh in some cases but controlled by the law. So it’s important when presenting issues to the court not just to explore the legal background, which of course is vitally important, but to explore all the mitigating issues, including the fairness of the result that you’re asking the court to impose. And both the law and the fairness and the equities of a circumstance of a motion of a case are important components of a final product of a brief that is concise and polished and persuasive to the court.

California civil litigation defense attorney David Newdorf shares how to influence a court’s decision through motion practice.

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