20-c-1 Preparing Your Motion Documents

• Library: A Jailhouse Lawyer's Manual (2020 Edition)

20-C-1. Preparing Your Motion Documents

Appendix B of this Chapter contains forms to help you prepare an Article 440 motion. For any motion you make using Article 440, you will need at least two documents. The first document is a Notice of Motion. It shows the court that you are challenging your conviction and/or sentence. It also states the reason for your challenge. The notes after the sample Notice of Motion in Appendix B tell you how to fill out this document.

The second document is an "affidavit." This is a statement of facts made by someone with firsthand knowledge of the facts. Either you, a witness at your trial, or someone else who knows facts that will convince the court your conviction or sentence was wrong can prepare and swear to an affidavit. Appendix B of this Chapter provides a sample affidavit written as though you (the defendant) made the...