Opposition to Motion to File Document Under Seal

 Superior Court of California
 Alameda County

Nine (9) Court Days Before the Hearing

All opposition papers must be filed and served at least nine (9) court days before the hearing. CCP 1005(b).

Late Papers

The clerk may not reject untimely papers. If the court refuses to consider the paper, the order must so indicate. CRC 3.1300(d) (renumbered eff 1/1/07).

Motion Pursuant to California Rules of Court 2.550 and 2.551

This procedural guide covers the requirements for motions to file documents under seal pursuant to C more...

Not Applicable to Records Required by Law to be Kept Confidential or Records Filed With Discovery Motions

California Rules of Court 2.550 and 2.551 do not apply to, and this procedural guide does not cover, more...

Motion Required

If a party desires to file a document under seal, it must do so by motion or application. Parties ca more...

Findings Required To Support Order

The court may order that a record be filed under seal only if it expressly finds facts that establis more...

1. There exists an overriding interest that overcomes the right of public access to the record; more...

2. The overriding interest supports sealing the record; more...

3. A substantial probability exists that the overriding interest will be prejudiced if the record is more...

4. The proposed sealing is narrowly tailored; and more...

5. No less restrictive means exist to achieve the over-riding interest. more...

. more...

Eligibility of Documents For Sealing

Courts have found that various statutory privileges, trade secrets, and privacy interests may suppor more...

If The Motion Is Denied

If the motion or application is denied, the clerk must return the lodged record to the submitting pa more...

False Claims Act Documents [Gov't Code 12650 et seq.]

California Rule of Court 2.570 for rules and regulations regarding filing False Claims Act document more...

Caption

California Rule of Court 312(h) was deleted effective 1/1/07. It provided that motions or demurrers more...

It appears that with motions and papers other than demurrers, California Rule of Court 2.111(4) now more...

No change, other than a renumbering, was made to the California Rule of Court addressing the other e more...

Memorandum of Points and Authorities

Content

The opposition memorandum must contain a statement of facts, a concise statement of the law, and the more...

Fifteen (15) Page Limit on Briefs

Except in a summary judgment or summary adjudication motion, an opposition memorandum may not exceed more...

A memorandum that exceeds ten (10) pages shall include a table of contents and table of authorities. more...

A memorandum that exceeds fifteen (15) pages shall also include an opening summary of argument. . more...

Citations to Authority and Exhibits

Case citations must include the official report volume and page number and year of decision. . Autho more...

Reference to Previously Filed Papers

Any paper previously filed must be referred to by date of execution and title. . more...

Style of Citations

Citations to cases and other authorities in all documents filed in the courts must be in the style e more...

Signature

Every paper filed with the court must be signed by the attorney or unrepresented party submitting th more...

Preemption of Local Rules

California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating t more...

Additional Requirements

Alameda County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

Written

Papers that may be filed in support of a motion include declarations, exhibits, appendices, and othe more...

Evidence received at a law and motion hearing must be by declaration, or request for judicial notice more...

Request To Present Testimony

A party wishing to present oral evidence at a hearing must file, no later than three (3) court days more...

Declarations

Alameda County SmartRules procedural guide: DECLARATIONS. more...

Judicial Notice

Alameda County SmartRules procedural guide: REQUEST FOR JUDICIAL NOTICE. more...

Deposition Testimony

The first page of any deposition testimony used as an exhibit must state the name of the deponent an more...

Objections To Evidence

Opposition papers may include objections to the evidence relied upon by the moving party.Customarily more...

Proposed Order

A proposed order may be lodged and served with moving or opposition papers but must not be attached more...

Filing & Service

Filing

Time

Opposition papers must be filed no later than nine (9) court days before the hearing date. . more...

Method

Alameda County SmartRules procedural guide: FILING DOCUMENTS. more...

No Fee

There is no fee for filing opposition papers. more...

Service

Opposition and reply papers must be served by personal delivery, fax, express m more...

California Rule of Court 2.260 expressly provides for electronic service of "a notice" in certain ci more...

Redacted and Unredacted Versions

Unless the court orders otherwise, any party that already possesses copies of the records to be plac more...

Local Rules Regarding Tentative Rulings

more...

Appearance at the Hearing

A party may give notice that he or she will not appear at a law and motion hearing and submit the ma more...

Matter Not To Be Heard

The moving party must immediately notify the court if a matter will not be heard on the scheduled da more...

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. 670(a) and (c)(amended and renumbered more...

Ruling and Order

Alameda County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RU more...

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