Motions

 Superior Court of California
 Alameda County

Applicable Statute, Rule or Case Law

This SmartRules Guide covers generally applicable rules of motion practice in the referenced court.To find timing requirements for specific types of motions, consult the SmartRules Guide for the specific motion type desired, or the relevant statutes, rules and case law.

Cut-Off Date

Judges often set a motion cut-off date or deadline.

Service of Motion Papers

Personal Service Sixteen (16) Days Before Hearing

If papers are served by personal service, service must be made at least sixteen (16) court days before the hearing. CCP 1005(b).

Extensions For Traditional Mail Service

If service is made by mail, service must be made at least sixteen (16) courts days before the hearing, plus:

CCP 1005(b).

Extensions For Facsimile or Express Mail Service

There are two authorities with differing requirements regarding service by facsimile (but there is only source of timing requirements for service by express mail). According to the California Code of Civil Procedure, if service is made by facsimile, express mail, or other method of delivery providing for overnight delivery, service must be made at least sixteen (16) court days plus two (2) calendar days before the hearing date. CCP 1005(b). According the California Rules of Court, "Except as provided in [subsection ] (e), any prescribed period of notice and any right or duty to do any act or make any response within any prescribed period or on a date certain after the service of a document served by fax transmission is extended by two court days." CRC 2.306(d)(amended eff 7/1/08, renumbered eff 1/1/08). Subsection (e) provides that the extension of two court days does not apply to extend the time for the filing of: (1)A notice of intent to move for new trial; (2)A notice of intent to move to vacate a judgment under Code of Civil Procedure section 663; or (3)A notice of appeal. CRC 2.306(e).

Extension for Electronic Service

If a document is served electronically, any period of notice, or any right or duty to act or respond within a specified period or on a date certain after service of the document, is extended by two court days. CRC 2.260(e)(2).

Order Shortening Time

The court, on its own motion or on application for an order shortening time supported by a declaration showing good cause, may prescribe shorter times for the filing and service of papers than the times specified in Code of Civil Procedure section 1005. CRC 3.1300(b).

Local Rules Regarding Scheduling the Hearing

Law and Motion Department

Law and motion matters are heard in Department 31 in any case that is not assigned to a judge for all purposes or all pretrial purposes under these rules. Alameda LR 3.30(a)(eff 7/1/07).

Reserving a Hearing Date

Any party who desires to have any demurrer, motion, or order to show cause set for hearing must contact the clerk of the department in which the motion will be heard to reserve a hearing date. Alameda LR 3.30(b)(eff 7/1/07).

Applicable Statute, Rules or Caselaw

This SmartRules Guide covers generally applicable rules of motion practice in the Alameda County Sup 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 other than demurrers, California Rule of Court 2.111(4) now governs.Thi more...

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

Notice of Motion

Every motion must include a written notice of motion that sets forth when and where the motion will more...

Motion

Motion papers must include "the motion itself." . A motion must identify the moving party and the pa more...

Memorandum of Points and Authorities

Required

Every motion must be supported by a memorandum unless the motion is one of the types specifically ex more...

Content

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

Fifteen (15) Page Limit on Briefs

Except in a summary judgment or summary adjudication motion, a memorandum of points and authorities more...

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

A memorandum that exceeds fifteen (15) pages must 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...

Proposed Order

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

Filing

Time

Moving papers must be filed at least sixteen (16) court days before the hearing date. . more...

Method

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

Filing Fee

The schedule of Alameda County filing fees is online at: more...

Proof of Service

Proof of service of moving papers must be filed no later than five (5) court days before the hearing more...

Service

On Attorney of Represented Party

Whenever a document is required to be served on a party, the service must be made on the party's att more...

Time For Personal Service

If papers are served by personal service, service must be made at least sixteen (16) court days befo more...

Extensions For Traditional Mail Service

If service is made by mail, service must be made at least sixteen (16) courts days before the hearin more...

. more...

Extensions For Facsimile or Express Mail Service

There are two authorities with differing requirements regarding service by facsimile (but there is o more...

Fax Service--Agreement Required

Service by fax transmission is permitted only if the parties agree and a written confirmation of tha more...

Fax Service--Service on Last Given Fax Number

Any notice or other document to be served must be transmitted to a fax machine maintained by the per more...

Electronic Service

When a notice may be served by mail, express mail, overnight delivery, or fax transmission, electron more...

Time of Electronic Service

Electronic service is complete at the time of transmission. Service that occurs after the close of b more...

Consent to Electronic Service Provider

A party that has consented to electronic service under (2) and has used an electronic filing service more...

Maintenance of Electronic Service Lists

By January 1, 2009, or before if possible, a court that permits electronic filing in a case must mai more...

Service by the Parties

Notwithstanding (b), parties are responsible for electronic service on all other parties in the case more...

Change of Electronic Notification Address

260(d) has detailed requirements regarding attorney responsibilities with respect to changes in elec 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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