Analysis of the Process Description of the Property Assignment

Analysis of the Process Description of the Property - Assignment Example   Demand for inspection is required to comply with Form 24 of the Appendix to the Federal Rules of Civil Procedure. (Federal Rules of Civil Procedure) A motion is an application to a court for relief, guidance, protection or assistance and can be made either orally or in writing at any time during a trial. However, if a motion is an originating process it must be made in writing. By its very definition and nature, a motion contains four relevant parts despite the fact that there is no real statutory provision mandating these four requisite parts. (Blanchard, p. 463) The most obvious part of the motion begins with a statement of the relief or assistance and the actual order the party moving the courts wishes to obtain by way of the motion. This part of the motion should be followed by a statement of the legal authority for which the application by way of motion can be made. The legal authority is typically contained in the Rules of Civil Procedure. For example, the applicant can make a motion to dismiss on the grounds that the complainant fails properly state a claim contrary to Rule 12 of the Federal Rules of Civil Procedure. (Blanchard, p. 464) The third part of the motion will usually state the grounds upon which the applicant is moving the court as well as the court’s authority to entertain the motion. The grounds relied upon are no more than the reasons for making the application and the court’s authority to grant the relief based upon the reasons stated. The fourth and final part of the motion will provide the court with the e vidence giving rise to the grounds for the motion. This evidence will consist of relevant affidavits and exhibits. (Blanchard, p. 463)