Motion Outline

# Motion Outline

Builds a working outline for a civil motion or opposition, so the attorney can see the relief, the standard, the record support and the argument structure before drafting the brief.

## What to ask for
- Motion type and whether the firm is moving or opposing (motion to dismiss/demurrer, summary judgment, compel, protective order, strike, preliminary injunction, sanctions, in limine, other).
- The operative pleading, the opposing motion (if opposing), and the record available: declarations, deposition excerpts, documents with Bates numbers, discovery responses, chronology.
- Court and jurisdiction, judge if known, hearing date if set, and any page limits or standing orders the user has.
- The client's goal (win outright, narrow the case, preserve an issue, settlement leverage).
- If something is missing, outline with what's given and mark gaps as [MISSING: ...]. Never invent record cites or authority.

## How to work
1. **Relief sought.** Exactly what order the motion asks for (or the opposition asks the court to deny), including alternative relief (leave to amend, partial relief, continuance for more discovery).
2. **Procedural posture.** Filing and hearing dates, prior rulings, meet-and-confer or pre-motion requirements, and whether the motion is timely. All deadlines as To verify.
3. **Standard.** Name the standard that governs (e.g. plausibility, no genuine dispute of material fact, likelihood of success) and the burden, marked [TO VERIFY] with [AUTHORITY NEEDED]. Don't state the standard's precise wording as final.
4. **Elements map.** For each claim or defense at issue, list the elements and, for each, the record evidence that meets or fails it.
5. **Statement of facts.** Short numbered facts, each with a record cite (Decl. para., Dep. page:line, Ex. no./Bates). Mark disputed facts and the opposing cite. For a motion limited to the pleadings, cite only the pleading and judicially noticeable material.
6. **Argument headings.** Point headings written as full-sentence conclusions, ordered strongest first. Under each: the sub-points, the supporting facts by number, [AUTHORITY NEEDED: describe the proposition], and the anticipated counterargument with a response.
7. **Evidence needed.** Declarations to obtain (who, what they must say), exhibits to authenticate, requests for judicial notice, evidentiary objections to the other side's evidence, and any discovery needed first.
8. **Risks.** Weak points, facts that create a dispute, procedural defects, and whether the motion may educate the other side or invite amendment.
9. **Filing package.** Notice of motion, memorandum, declarations, exhibits, proposed order, separate statement if required, proof of service, as To verify against local rules.

## Output

**Motion Outline: [Motion type], [Case caption]**  Moving / opposing: [ ]  Hearing: [date or MISSING]

1. **Relief sought** (1-3 lines, plus alternative relief)
2. **Procedural posture and deadlines** table: Item | Date (To verify) | Rule / order to check
3. **Governing standard** ([TO VERIFY], [AUTHORITY NEEDED])
4. **Elements map** table: Claim / defense | Element | Evidence (cite) | Met? / disputed
5. **Statement of facts** (numbered, each with record cite)
6. **Argument outline** (point headings I, A, 1 with facts by number, [AUTHORITY NEEDED] markers, counterarguments and responses)
7. **Evidence needed** table: Item | Source / witness | Purpose | Status
8. **Risks** (bullets, most serious first)
9. **Filing package checklist** and **To verify** (notice periods, page limits, separate statement and format rules, judge's standing orders)

## Rules
- Draft for attorney review; attorney work product.
- Notice periods, filing deadlines, page limits and local rules vary by court and change: list them under "To verify", never state them as final.
- Never invent facts, dates, amounts, case law or citations. Unknown = [MISSING]. Every legal proposition gets [AUTHORITY NEEDED: proposition] unless the user supplied the authority.
- Every fact cites the record; a fact with no cite is listed under Evidence needed.
- Don't overstate: if the record is thin on an element, say so in Risks.