Superior
Court of California
Alameda County
Applicable Statute, Rule or Case Law
To find timing requirements for specific types of motions, consult the SmartRules Guide for the specific motion type more...
Cut-Off Date
Judges often set a motion cut-off date or deadline. more...
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 more...
Extensions For Traditional Mail Service
If service is made by mail, service must be made at least sixteen (16) courts days before the more...
.
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 more...
Extension for Electronic Service
If a document is served electronically, any period of notice, or any right or duty to act or more...
Order Shortening Time
The court, on its own motion or on application for an order shortening time supported by a declaration more...
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 more...
Reserving a Hearing Date
Any party who desires to have any demurrer, motion, or order to show cause set for hearing must more...
Applicable Statute, Rules or Caselaw
This SmartRules Guide covers generally applicable rules of motion practice in the Alameda County Superior Court. To find information regarding specific types of motions, consult the relevant statutes, rules and case law. more...
Caption
California Rule of Court 312(h) was deleted effective 1/1/07. It provided that motions or demurrers may have short captions that simply identify the first party on each more...
It appears that with motions other than demurrers, California Rule of Court 2.111(4) now governs.This rule provides that on any pleading or paper subsequent to the initial complaint or cross-complaint, more...
No change, other than a renumbering, was made to the California Rule of Court addressing the other elements 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 party to whom it is addressed, describe the basis more...
Memorandum of Points and Authorities
Required
Every motion must be supported by a memorandum unless the motion is one of the types specifically exempted more...
Content
The memorandum must contain a statement of facts, and a concise statement of the law, evidence and arguments more...
Fifteen (15) Page Limit on Briefs
Except in a summary judgment or summary adjudication motion, a memorandum of points and authorities in support of 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. . Authority from outside California must be lodged with the papers that cite the authority and attached as an 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 more...
Signature
Every paper filed with the court must be signed by the attorney or unrepresented party submitting the paper. more...
Preemption of Local Rules
California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, 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 other documents or pleadings. more...
Evidence received at a law and motion hearing must be by declaration, or request for judicial notice, without more...
Request To Present Testimony
A party wishing to present oral evidence at a hearing must file, no later than three (3) court 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 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 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 more...
Time For Personal Service
If papers are served by personal service, service must be made at least sixteen (16) court days before more...
Extensions For Traditional Mail Service
If service is made by mail, service must be made at least sixteen (16) courts days before the more...
.
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 more...
Fax Service--Agreement Required
Service by fax transmission is permitted only if the parties agree and a written confirmation of that agreement 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 more...
Electronic Service
When a notice may be served by mail, express mail, overnight delivery, or fax transmission, electronic service of more...
Time of Electronic Service
Electronic service is complete at the time of transmission. Service that occurs after the close of business is deemed to have occurred on the next court day. more...
Consent to Electronic Service Provider
A party that has consented to electronic service under (2) and has used an electronic filing service provider more...
Maintenance of Electronic Service Lists
By January 1, 2009, or before if possible, a court that permits electronic filing in a case must more...
Service by the Parties
Notwithstanding (b), parties are responsible for electronic service on all other parties in the case. A party may more...
Change of Electronic Notification Address
260(d) has detailed requirements regarding attorney responsibilities with respect to changes in electronic addresses.. more...
Local Rules Regarding Tentative Rulings
The court adopts the tentative ruling procedure set out in California Rules of Court, rule 3.1308(a)(1). The tentative
Appearance at the Hearing
A party may give notice that he or she will not appear at a law and motion hearing more...
Matter Not To Be Heard
The moving party must immediately notify the court if a matter will not be heard on the scheduled more...
Telephonic Appearance
Telephonic appearance for civil hearings is generally allowed. 670(a) and (c)(amended and renumbered eff 1/1/08). Alameda County SmartRules procedural guide: more...
Ruling and Order
Alameda County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...
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