how to file a motion to petition the court?

Answer 1

Generally, a motion can only be filed once a case has been opened. Whether this is a civil case, or a criminal case, there has to be some reason you are before the court to file the motion.

Once there is a case, and a defendant, then filing the motion itself requires two things. First, you need to know what you are asking for, how to phrase that for the court, and what law or precedent you have to support your argument. This is what lawyers are trained to do. Second, you need to know how to format the motion. This is covered by the rules of court.

Beyond that, it depends on the type of case, which side you are, the nature of the motion, and many other factors.