Motions--put facts (and exhibits) in a declaration

Here is a tip. 

Motions should not have facts that have no evidentiary support.  

or 

Motions must have facts with evidentiary support.

Usually facts should be in a declaration from the client.  Facts should not be stated by the attorney in the body of a motion with no support.  Ipse dixit does not apply to the attorney who files the motion. Ipse dixit is an unsupported statement that rests solely on the authority of the individual who makes it.

Therefore, put facts in a declaration and only put the facts in the motion that are supported by an attached declaration.  Authenticate exhibits in the declaration i.e., all exhibits are exhibits to the declaration. Have statements in the declaration that would be admissible evidence in court.  Balance the number of facts in a declaration against the rule that you should have your client say as few things in a declaration as are absolutely necessary because later, when your client’s deposition is taken, previous statements in affidavits and declarations can be inconsistent with trial theories or subsequently developed facts and can be use to impeach your client if your client takes a different position.

EDCR 2.21 (8^th jud dist ct rules)  states:

  Rule2.21.Affidavits on motions.

      (a)Factual contentions involved in any pretrial or post-trial motion must be initially presented and heard upon affidavits, unsworn declarations under penalty of perjury, depositions, answers to interrogatories, and admissions on file. Oral testimony will not be received at the hearing, except upon the stipulation of parties and with the approval of the court, but the court may set the matter for a hearing at a time in the future and require or allow oral examination of the affiants/declarants to resolve factual issues shown by the affidavits/declarations to be in dispute. This provision does not apply to an application for a preliminary injunction pursuant to N.R.C.P. 65(a).

      (b)Each affidavit/declaration shall identify the affiant/declarant, the party on whose behalf it is submitted, and the motion or application to which it pertains and must be served and filed with the motion, opposition, or reply to which it relates.

      (c)Affidavits/declarations must contain only factual, evidentiary matter, conform with the requirements of N.R.C.P. 56(e), and avoid mere general conclusions or argument. Affidavits/declarations substantially defective in these respects may be stricken, wholly or in part.

NRCP Rule 56e states

      (e) Form of Affidavits; Further Testimony; Defense Required.  Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party’s pleading, but the adverse party’s response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party.