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Any Attorney or Party
Any Street
Any Town, CA 5...
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Be sure to remove this notice and all other not...
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1MEMORANDUM OF POINTS AND AUTHORITIES
I.
PRELIM...
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Sample motion for substitution of plaintiff in United States District Court

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This sample motion for the substitution of a Plaintiff in United States District Court is filed under Federal Rule of Civil Procedure 25(a)(1) on the grounds that the Plaintiff has died and that a specified person is the proper party as either the executor or administrator of the decedent's estate, the sole trustee of the decedent's Trust, the sole beneficiary and distributee of the trust, or as the personal representative of the decedent's estate. The sample motion on which this preview is based is 12 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Sample motion for substitution of plaintiff in United States District Court

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party UNITED STATES DISTRICT COURT ________________ DISTRICT OF _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION FOR SUBSTITUTION OF ___________ AS PLAINTIFF; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF __________; EXHIBITS DATE: TIME: DEPT: To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. To view over 300 sample legal documents for California and Federal litigation visit: http://www.scribd.com/LegalDocsPro - 1 - NOTICE OF MOTION AND MOTION FOR SUBSTITITION OF PLAINTIFF
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Be sure to remove this notice and all other notices before using this document. 1 1TO: DEFENDANT ____________ AND THEIR ATTORNEY OF RECORD HEREIN: PLEASE TAKE NOTICE that on _________________, at _______.m. or as soon thereafter as the matter may be heard, in Department ________ of the above-entitled court, located at _________________________________________, ______________________will and hereby does move this Court, pursuant to Federal Rule of Civil Procedure 25(a)(1) for an order allowing the action to be continued by _________, individually; as Trustee; or as the executor for______________’s estate. The motion will be made on the ground that ______, the plaintiff in the above-entitled action, has died and on the ground that _______ is the proper party as either the sole trustee of the ________ Trust, the sole beneficiary and distributee of the trust, or as the personal representative of __________’s estate. This motion is based upon this notice, the attached memorandum of points and authorities, the declaration of __________ and Exhibits attached thereto, concurrently filed and served herewith, and upon such oral and documentary evidence as may be presented to the Court at the time of the hearing. 1Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY Be sure to check your local rules to determine if there are any special requirements for filing a motion for substitution of plaintiff under Rule 25(a)(1) of the Federal Rules of Civil Procedure. - 2 - NOTICE OF MOTION AND MOTION FOR SUBSTITITION OF PLAINTIFF
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1MEMORANDUM OF POINTS AND AUTHORITIES I. PRELIMINARY STATEMENT Plaintiff, _____________ (“Plaintiff”) hereby submits their memorandum of points and authorities in support of this motion seeking an order, pursuant to Federal Rule of Civil Procedure 25(a)(1) for an order allowing the action to be continued by _________, individually; as Trustee; or as the executor for______________’s estate. The motion will be made on the ground that ______, the plaintiff in the above-entitled action, has died and on the ground that _______ is the proper party as either the sole trustee of the ________ Trust, the sole beneficiary and distributee of the trust, or as the personal representative of __________’s estate. To purchase the entire 12 page document visit: https://legaldocspro.myshopify.com/products/sample-motion-for- substitution-of-plaintiff-in-united-states-district-court - 3 - NOTICE OF MOTION AND MOTION FOR SUBSTITITION OF PLAINTIFF

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