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| Objections to Evidence | |
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Superior Court of California
Alameda County
Written Objections Served and Filed with Opposition or Reply Papers
Unless otherwise excused by the Court on a showing of good cause, all written objections to evidence in support of or in opposition to a motion for summary judgment or summary adjudication must be served and filed at the same time as the objecting party's opposition or reply papers are served and filed. CRC 3.1354(a) (amended and renumbered eff 1/1/07).
There are no statutes or California Rules of Court governing written objections to evidence submitted in support of, or in opposition to, other types of motions.
Oral Objections
A party may make oral objections at the hearing on a motion for summary judgment in lieu of serving written ones. In this case, the objecting party must make arrangements for a court reporter to be present at the hearing. CRC 3.1352 (renumbered eff 1/1/07). The more common practice is to file and serve written objections. There are no statutes or California Rules of Court governing oral objections to evidence submitted in support of, or in opposition to, other types of motions.
Waiver
Objections to evidence submitted in support of, or in opposition to, a motion for summary judgment, must be made at the hearing or else they are waived. CCP 437c(b)(5); CCP 437c(d).
Motion for Summary Judgment
In General
The California Code and California Rules of Court provide guidelines and requirements for objections more...
Right To Object
In response to a motion for summary judgment or summary adjudication, the opposing party has a right more...
Grounds for Objecting
Case law research is necessary to discover if grounds exist to object to particular evidence submitt more...
Additional grounds exist for objecting to evidence. more...
Objections Must Be Numbered Consecutively and Must Identify Material Objected to and State Grounds for Objection
All written objections to evidence must be served and filed separately from the other papers in supp more...
Objections on specific evidence may be referenced by the objection number in the right column of a s more...
Each written objection must be numbered consecutively and must: more...
.. more...
Only Two Formats Permitted
Written objections to evidence must follow one of the following two formats. . more...
First Format
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Objections to Jackson Declaration |
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Objection Number 1 |
Johnson told me that no widgets were ever received. (Jackson declaration, page 3, lines 78.) more...
: Hearsay (Evid. Code, 1200); lack of personal knowledge (Evid. Code, 702(a)). more...
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Objection Number 2 |
A lot of people find widgets to be very useful. (Jackson declaration, page 17, line 5.) more...
Irrelevant (Evid. Code, 210, 350351). more...
Second Format
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Objections to Jackson Declaration |
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Material Objected to: |
Grounds for Objection: |
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1. Jackson declaration, page 3, lines 7-8: "Johnson told me that no widgets were ever received." |
Hearsay (Evid. Code, 1200); lack of personal knowledge (Evid. Code, 702(a)). |
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2. Jackson declaration, page 17, line 5: "A lot of people find widgets to be very useful." |
Irrelevant (Evid. Code, 210, 350-351). |
Proposed Order Required
A party submitting written objections to evidence must submit with the objections a proposed order. more...
The proposed order must include places for the Court to indicate whether it has sustained or overrul more...
. more...
First Format
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Objections to Jackson Declaration |
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Objection Number 1 |
Johnson told me that no widgets were ever received. (Jackson declaration, page 3, lines 78.) more...
: Hearsay (Evid. Code, 1200); lack of personal knowledge (Evid. Code, 702(a)). more...
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Court's Ruling on Objection 1: |
Sustained: __________ |
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|
Overruled: __________ |
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Objection Number 2 |
A lot of people find widgets to be very useful. (Jackson declaration, page 17, line 5.) more...
Irrelevant (Evid. Code, 210, 350351). more...
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Court's Ruling on Objection 2: |
Sustained: __________ |
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Overruled: __________ |
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Date: |
_________________________________________ Judge |
Second Format
|
Objections to Jackson Declaration |
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Material Objected to: |
Grounds for Objection: |
Ruling on the Objection: |
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1. Jackson declaration, page 3, lines 7-8: "Johnson told me that no widgets were ever received." |
Hearsay (Evid. Code, 1200); lack of personal knowledge (Evid. Code, 702(a)). |
Sustained: _________________ Overruled: _________________ |
|
2. Jackson declaration, page 17, line 5: "A lot of people find widgets to be very useful." |
Irrelevant (Evid. Code, 210, 350-351). |
Sustained: _________________ Overruled: _________________ |
|
Date: |
_________________________________________ Judge |
Additional Requirements
Alameda County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...
File and Serve Written Objections With Opposition or Reply
Unless otherwise excused by the Court on a showing of good cause, all written objections to evidence more...
There are no statutes or California Rules of Court governing written objections to evidence submitte more...
Method
Alameda County SmartRules procedural guide: FILING DOCUMENTS. more...
Waiver
There is California Supreme Court authority holding that it is counsel's duty to obtain rulings on o more...
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