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 Reply in Support of Motion for Preliminary Injunction

 United States District Court
 Northern District of California

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 TIMING

On Noticed Motion - Fourteen (14) Days Before the Hearing

Reply Papers Must Be Served 7 Days After Service of Opposition

The reply to an opposition must be filed and served not more than 7 days after the opposition more...   

Calculating the Due Date or Deadline Pursuant to the FRCP

Under amended FRCP 6(a)(1), all deadlines stated in days, no matter the length of the period, are computed more...

When determining the last day of a filing period stated in days, a day on which the clerk's more...

The end of the last day of a period is defined as midnight in the court's time zone more...

In determining what is the "next" day, one must continue counting in the same direction - that is, more...

Legal holidays are set forth and defined at Rule 6(a)(6). . more...

On OSC -Briefing Schedule Set By the Court

If the preliminary injunction is sought on an order to show cause ("OSC") accompanying an application for a more...

 Rules And Requirements

Consult Standing Orders

Many Northern District Judges' Standing Orders include requirements and procedures regarding motions. A list of Northern District Judges and links to their Standing Orders is online at: more...

Notice Required

A preliminary injunction will issue only on notice to the opposing party. . more...

Security

No preliminary injunction may issue without the applicant's giving of security. . more...

Consolidation

Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the more...

Immediately Appealable

Any order granting refusing or modifying a preliminary injunction is immediately appealable. . more...

Evidence Becomes Part of the Record

Even when consolidation is not ordered, evidence that is received on the motion and that would be admissible more...

Withdrawal of Motion

Within the time for filing and serving a reply, the moving party may file and serve a notice more...

 REPLY PAPERS

Reply Memorandum Permitted

Reply papers may include a supplemental brief or memorandum under . Any evidentiary and procedural objections to the opposition must be contained within the reply brief or memorandum. more...

The first page of the reply memorandum must contain, opposite the caption and under the case number, the more...

15 Page Limit on Reply Briefs

The reply memorandum may not exceed 15 pages. ; . more...

Additional Requirements

Northern District of California SmartRules Guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...

 EVIDENCE

Affidavit or Declaration Permitted

Reply papers may include affidavits and declarations. .

more...

Factual contentions must be supported by affidavits or declarations and by references to the record. . Northern District of California SmartRules procedural guide: DECLARATIONS. more...

Authentication of Evidence

Excerpts from depositions, interrogatories, requests for admission, and other evidentiary matters must be appropriately authenticated by an affidavit or more...

No Oral Evidence Without Leave

No oral testimony may be presented at a hearing on a motion without leave of court. . more...

Objections to Evidence

Reply papers may include objections to the evidence relied upon by the opposing party. Customarily, objections to evidence are made in a separate document. more...

 FILING AND SERVICE

Electronic and Manual Filing

Requirements and instructions for electronic and manual filing are found at Northern District of California SmartRules procedural guide: more...

 HEARING AND DISPOSITION

Disposition Without Appearance

In the judge's discretion, or upon request by counsel and with the judge's approval, a motion may be more...

Continuance of Hearing Date

Except where the Court has issued a TRO, a moving party may file a notice continuing the originally more...

Contents and Scope of Order

Contents

Every order granting an injunction and every restraining order must: more...

(A) state the reasons why it issued; more...

(B) state its terms specifically; and more...

(C) describe in reasonable detail and not by referring to the complaint or other document the act more...

Persons Bound

The order binds only the following who receive actual notice of it by personal service or otherwise: more...

(A) the parties; more...

(B) the parties officers, agents, servants, employees, and attorneys; and more...

(C) other persons who are in active concert or participation with anyone described in Rule 65(d)(2)(A) or (B). more...

 

 Effect on Trial

Evidence from Preliminary Injunction Hearing Becomes Part of Record

Even when consolidation is not ordered, evidence that is received on the motion and that would be admissible more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
Ninth Circuit - AZ Dist
Ninth Circuit - AZ Dist
Ninth Circuit - AZ Dist
Ninth Circuit - AZ Dist
Ninth Circuit - AZ Dist