ADVOCATES FOR CHILDREN AND FAMILIES MOTIONS GENERAL, 388, DISCOVERY AND OTHERS WHAT IS A MOTION? wALLOWS YOU ACCESS TO LET THE COURT KNOW WHAT YOU WANT wYOU CAN ASK THE COURT TO ISSUE AN ORDER GRANTING WHAT YOU WANT wYOU PRESENT EVIDENCE AND WITNESSES TO SUPPORT YOUR MOTION wYOU CAN ASK WITNESSES ON YOUR SIDE OR THE OTHER SIDE QUESTIONS wYOU CAN REQUEST DISCOVERY, DOCUMENTS FROM THE OPPOSITION wYOU CAN SUBPENA WITNESSES TO TESTIFY WHY USE A MOTION wYOU CAN BRING ISSUES TO THE COURT WHICH THEY MIGHT NOT KNOW wYOU CAN TAKE THE OFFENSIVE IN YOUR CASE wYOU CAN PRESENT EVIDENCE AND WITNESSES TO SUPPORT YOUR CASE wYOU CAN DO MOTIONS WITHOUT A ATTORNEY IF YOU CAN NOT AFFORD ONE AND IT IS CALLED ?IN PRO PER? ? GENERAL MOTION wINSERT NAME, ADDRESS & PHONE # wADD TYPE OF MOTION I.E. WIC 388 wBRIEFLY STATE THE ISSUES wSUMMARIZE EVIDENCE AND ATTACH AS EXHIBITS A, B, C, ETC. wCONCLUSION OF WHAT YOU WANT wREQUEST THE COURT ISSUE AN ORDER ? TYPES OF MOTIONS w388 MOTION wDISCOVERY MOTION wWITNESS LIST AND SUBPENA wDEFACTO PARENT MOTION wRECUSAL MOTION w352 MOTION wMARSDEN MOTION wWE WILL ONLY DISCUSS 388 AND DISCOVERY MOTIONS IN DETAIL IN CLASS 388 MOTION wA 388 MOTION IS USED IN DEPENDENCY COURT TO PRESENT NEW INFORMATION ABOUT YOUR CASE OR A CHANGE IN CIRCUMSTANCES wA 388 IS FILED WITH THE COURT AND ON ALL PARTIES, IE ATTORNEYS, PARENTS, DA OR COUNTY COUNSEL 388 MOTION THE LAW w?388.Dependency order of juvenile court may be modified if the petitioner shows change of circumstances or new evidence, which establishes that modification of prior order, is in the minor's best interests. 388 MOTION RULES 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. 388 MOTION HOW wWE HAVE A SAMPLE 388 MOTION wDECIDE WHAT EVIDENCE YOU HAVE wPREPARE YOUR REASONS TO FILE wSUCH AS COMPLETED CLASSES, NEW HOME, CHANGED RELATIONSHIP OR OTHER IMPORTANT FACTS wEVIDENCE OF LIES BY SOCIAL WORKER 388 MOTION FILED wMAKE SURE YOU USE THE JUVENILE COURT FORM COVER TO YOUR MOTION, JV 100, 101. 110 wTHE FORM DEPENDS ON THE NUMBER OF CHILDREN AND INFORMATION wSEE EXAMPLES IN CLASS DISCOVERY MOTION ANDWITNESS LIST WITH SUBPENA FILED wYOU WILL NEED TO FILE A DISCOVERY MOTION FOR INFORMATION YOU NEED AND SUBPENAS FOR WITNESSES wTHESE WILL BE CAREFULLY BASED UPON THE INFORMATION YOU HAVE IN YOUR 388 MOTION 388 MOTION IN COURT wONCE YOU HAVE FILED THE 388, A DISCOVERY MOTION (SEE BELOW) AND SUBPEONA FOR WITNESSES (SEE BELOW) YOU MAY BE GRANTED A TRIAL wYOU MUST PREPARE YOUR NOTES TO REPRESENT YOURSELF AT TRIAL 388 TRIAL (1) wTHE COUNTYCOUNSEL REPRESENTING THE DEPARTMENT OF SOCIAL SERVICES WILL PREPARE AN OPPOSITION MOTION TO YOUR 388 wYOU 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 388 TRIAL (2) wTHIS IS YOUR CHANCE TO PRESENT THE EVIDENCE FROM THE RECORDS YOU HAVE REQUESTED AND TO CALL WITNESSES wMAKE A LIST OF QUESTIONS TO ASK YOUR WITNESS TO PROVE YOUR POINTS wQUESTION THE SOCIAL WORKER OR OTHERS ABOUT INFORMATION WHICH THEY HAVE INCLUDED IN REPORTS, ESPECIALLY THE LIES YOU FIND AND PRESENT EVIDENCE TO DISPROVE LIES 388 TRIAL (3) wSTATE THAT IT IS IN THE BEST INTEREST OF YOUR CHILD TO HAVE THE TRUTH ON THE RECORD FOR THE COURTS EVALUATION wTAKE NOTES ON THE QUESTIONING BY THE OTHER ATTORNEYS wPREPARE TO CROSS EXAMINE THE WITNESSES WITH THE NEW INFORMATION BROUGHT OUT BY THE OTHER ATTORNEYS 388 TRIAL (4) CLOSING wMAKE YOUR POINTS FOR CHANGES IN CIRCUMSTANCES WITH EVIDENCE wMAKE YOUR POINTS ABOUT THE BEST INTEREST OF THE CHILD wBRING OUT THE FACTS AND WHY THE COURT SHOULD GRANT YOUR 388 DISCOVERY MOTION wWE HAVE PROVIDED A STANDARD DISCOVERY MOTION TO OBTAIN ALL RECORDS OF THE SOCIAL WORKERS wFILE YOUR DISCOVERY MOTION AT THE TIME YOU FILE YOUR 388 MOTION WITH THE JUVENILE CLERK wSERVE ALL MOTIONS ON ALL PARTIES, ATTORNEY FOR CHILD, OTHER PARENTS, COUNTY OR OTHER INTERESTED PARTIES LIKE GUARDIAN?S WITNESS LIST AND SUBPENA wWE HAVE PROVIDED AN EXAMPLE OF A WITNESS LIST WHICH YOU SHOULD FILE WITH THE CLERK OF THE COURT PRIOR TO TRIAL wYOU MUST PRESENT THE NAMES OF WITNESSES AND THE REASON THEY ARE NEEDED TO SUPPORT YOUR CASE wTHESE WITNESSES MUST BE SUBPENAED TO BE PRESENT AT THE TRIAL WITH THE JUVENILE SUBPENA FORM AS APROVED BY THE COURT OTHER MOTIONS (1) wTHERE ARE MANY TYPES OF MOTIONS WHICH CAN BE USED BUT THEY ARE SPECIFIC TO EACH INDIVIDUAL?S CASE wONCE YOU HAVE THE BASIC KNOWLEDGE AS PRESENTED HERE YOU CAN DO THEM ALSO wREMEMBER AS A GROUP WE CAN DO THIS TOGETHER AND HELP EACHOTHER OTHER MOTIONS (2) wWIC 300: DISMISS CASE FOR FRAUD wWIC 352: DISMISS CASE FOR EXCEEDING 6 MONTHS FOR JUDISDICTION wWIC 317: DISMISS MINOR?S COUNSEL wMARSDEN: INEFFECTIVE COUNSEL wRECUSAL: DISMISS JUDGE FOR CAUSE CCP 170.1 wWIC 370 & 741: PSYCHOLOGICAL EVAL. PRIOR TO JURISDICTION AND DISPOSITION, EVIDENCE CODE 730 wVISITATION: REQUEST FOR CHANGE IN VISITATION SCHEDULE TO TIME wJURY TRIAL: REQUEST FOR JUVENILE JURY TRIAL CONCLUSION MOTIONS wTHERE ARE MANY TYPES OF MOTIONS YOU MAY FILE DEPENDING ON YOUR CASE wACF IS THERE TO HELP YOU HELP YOURSELF wAS A GROUP WE CAN GET JUSTICE