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What to Send Before Outsourcing Motion Drafting

A motion draft comes back wrong for one of three reasons: the record was incomplete, the theory was never stated, or the court's formatting requirements were assumed. This guide is the assignment package that removes all three, written from the perspective of the team receiving the work.

Who it's for
Litigators delegating motion practice to in-house paralegals or an outside drafting team.
Draft motion pages, highlighted case authority and an assignment instruction sheet on an attorney's desk

The assignment instruction

  • The exact relief requested, stated in one sentence
  • The legal theory the attorney intends to argue — the drafting team should not choose it
  • Arguments to include, arguments deliberately omitted, and why
  • Tone and length expectations, including any page or word limit
  • Who signs, and the signature block as it should appear

The record

  • Operative complaint or petition and the responsive pleading
  • The order, ruling or event that makes the motion necessary
  • Every exhibit intended to support the motion, in the order it will be cited
  • Deposition excerpts with page-line cites, not full transcripts, unless review is ordered
  • Prior related motions and rulings so the draft does not contradict the firm's earlier position

Authority

  • Controlling authority the attorney already relies on
  • Adverse authority known to the firm
  • Whether independent research support is ordered, or the attorney supplies all authority
  • Citation format required by the court

Format requirements

  • Court, division and judge, with any standing or chambers requirements
  • Pleading paper, caption, font, margin and line-spacing requirements
  • Certificate of conferral or good-faith conference language required locally
  • Certificate of service and the service list
  • Proposed order requirements, including whether a Word version is expected

Logistics

  • The date the attorney needs the draft in hand — not the filing deadline
  • Who reviews the draft and how revisions come back
  • Whether a rush tier is being ordered
  • The single point of contact for questions

Practical notes

  • Give the drafting team the theory. A team asked to choose the theory is being asked for legal advice, and that is not what an attorney-directed drafting service provides.
  • Send a recent filed motion from the same court as a formatting reference. It settles a dozen questions at once.
  • Deadlines, filing and service remain the attorney's responsibility.
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Confirm the scope in writing, pay the flat fee, sign the service agreement, complete the matter intake, then upload your records to the secure vault. Preparation begins when the file is complete.

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