© 2005 by Thomson Delmar Learning. All Rights Reserved.1 CALIFORNIA CIVIL LITIGATION LAW AND MOTION

2 LAW AND MOTION— motion practice to resolve disputes pending trial.

3 LAW AND MOTION State direct calendar system courts and Federal courts: motions heard by trial judge

4 LAW AND MOTION State master calendar courts: motions heard by law and motion judge

5 MOTIONS Administrative continuance preference special setting heard by presiding judge

6 MOTIONS ARE A PROCESS

7 MOTION PROCESS Moving Papers (“motion”) Opposition to Motion Reply

8 MOVING PAPERS Notice of Motion Memorandum of Points and Authorities Supporting evidence Proposed Order

9 NOTICE OF MOTION Caption Title of Motion Date, Time, Department for hearing Description of motion, Relief sought Description of supporting documents Subscription

10 MEMORANDUM OF POINTS AND AUTHORITIES Caption with Date/Time/Department Cite law authorizing relief Refer to supporting evidence Argue to persuade judge Subscription

11 SUPPORTING EVIDENCE Caption with Date/Time/Department Supporting evidence usually declarations under oath attached documents authenticated

12 PROPOSED ORDER Caption with Date/Time/Department Recite appearances of counsel Grant relief sought Blank for date and judge signature

13 OPPOSITION PAPERS Memorandum of Points and Authorities Supporting evidence Proposed Order

14 OPPOSITION POINTS AND AUTHORITIES Caption with Date/Time/Department Cite law against motion Refer to supporting evidence Argue to persuade judge Subscription

15 SUPPORTING EVIDENCE Caption with Date/Time/Department Supporting evidence usually declarations under oath attached documents authenticated

16 PROPOSED ORDER Caption with Date/Time/Department Recite appearances of counsel Motion denied Blanks for date and judge signature

17 REPLY OPTIONAL— Memorandum of Points and Authorities to counter arguments in opposition.

18 MOTION TIMING State Court: Motion: filed/served 21–26 days before hearing Opposition: filed/served 10 days before hearing Reply: filed/served 5 days before hearing

19 MOTION TIMING Federal Court Motion: filed/served 5–8 days before hearing—but see local rules!

20 TENTATIVE RULINGS Available by telephone, online, or newspaper, a day or two before hearing Become the order of the court unless challenged Challenge by notifying court and parties

21 COURT ORDERS To be effective, must be  signed by the judge  filed by the clerk  served on the parties

22 EX PARTE MOTIONS— motions made on less than usual notice (24–48 hours telephone notice); same format as other motions, but not served in advance.

23 TYPES OF MOTIONS Some motions have special rules.

24 MOTIONS TO AMEND Must include copy of proposed amended pleading

25 DEMURRERS Include: the demurrer Hearing: must be within 35 days of filing

26 MOTIONS TO COMPEL DISCOVERY RESPONSES Include: declaration on service and no response

27 MOTIONS TO COMPEL FURTHER RESPONSES Include:  declaration on meet and confer  separate statement of discovery  responses and argument

28 MOTIONS FOR PROTECTIVE ORDERS Include: copy of discovery and declaration of why order sought

29 SANCTIONS  Penalty against party or attorney  Imposed for bad-faith tactics  “Mandatory” for various discovery violations  Complex process for other types of sanctions  Usually measured by fees and costs incurred

30 SANCTIONS REQUESTS Include grounds and amount sought in:  notice of motion  points and authorities  declaration

31 MOTIONS FOR RECONSIDERATION Same judge Different facts

32 RENEWING MOTION Any judge New facts

33 MOTIONS FOR REHEARING Same judge Mistake in ruling

34 SUMMARY Motion Structure, Parts, Process PREVIEW Summary Judgment Motions SUMMARY Motion Structure, Parts, Process PREVIEW Summary Judgment Motions