How Do I Write a Per Se Motion in the USA?

Question from T, How Do I Write a Per Se Motion in the USA?

Answer from AI:

Writing a per se motion involves asking the court to rule on a legal issue without the need for a trial, based on the argument that the facts are undisputed and the law is clearly on your side. This type of motion is often used in cases involving clear-cut legal principles, such as antitrust violations or certain types of negligence. Below is a general guide on how to write a per se motion in the USA.

Understanding a Per Se Motion

A per se motion is typically used in legal contexts where certain actions are considered inherently illegal, without the need for further examination of the circumstances. For example, in antitrust law, certain agreements between competitors, like price-fixing, are considered illegal per se.

Steps to Write a Per Se Motion

1. Identify the Legal Basis: Determine the specific law or legal principle that supports your per se argument. This could be a statute, regulation, or case law that clearly defines the action as illegal.
2. Gather Evidence: Collect all relevant evidence that supports your claim. Since a per se motion relies on undisputed facts, ensure that your evidence is clear and unambiguous.
3. Draft the Motion: Write the motion in a clear and organized manner. Include the following sections:
   • Title: Clearly label the document as a “Motion for Per Se Determination.”
   • Introduction: Briefly state the purpose of the motion and the legal basis for your argument.
   • Statement of Facts: Present the undisputed facts that support your motion. Be concise and factual.
   • Legal Argument: Explain why the facts meet the legal standard for a per se violation. Cite relevant laws, regulations, and case law.
   • Conclusion: Summarize your argument and request the specific relief you are seeking from the court.
4. File the Motion: Submit the motion to the court according to the local rules of procedure. This may involve filing electronically or in person, depending on the jurisdiction.
5. Serve the Motion: Provide a copy of the motion to the opposing party, following the rules for service of process in your jurisdiction.

When to Seek Legal Advice

Writing a per se motion can be complex, and the success of your motion depends on a thorough understanding of the law and the specific facts of your case. It is advisable to consult with a legal professional to ensure that your motion is well-founded and properly drafted. A lawyer can provide personalized advice and help you navigate the legal process.

Resources and References

For more information on writing legal motions and understanding per se violations, you can refer to the following resources:

• Federal Rules of Civil Procedure
• Antitrust Laws and You – U.S. Department of Justice

Remember, while this guide provides a general overview, each case is unique, and specific legal advice is crucial for a successful outcome. Always consider consulting with a legal professional for personalized guidance.