Opposition to Motion for Reconsideration

 Superior Court of California
 Contra Costa 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).

Local Rule Regarding Late Papers

The Court will not consider late filed papers unless good cause is shown at the hearing. Contra Costa LR 7(B)(1).

Same Judge

A motion for reconsideration must be made to the same judge who made the original order. . more...

New and Different Facts

A motion for reconsideration must be based on new or different facts, circumstances or law. . more...

Declaration Re New Facts

A motion for reconsideration must be accompanied by a declaration describing the previous applicatio 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

Contra Costa County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREM 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

Contra Costa County SmartRules procedural guide:DECLARATIONS. more...

Judicial Notice

Contra Costa 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...

Response to Declaration Re New Facts

A motion for reconsideration must be accompanied by a declaration describing the previous applicatio more...

Proposed Order

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

Filing

Time

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

Method

Contra Costa 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...

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...

Tentative Rulings

The Civil Litigation Division shall operate a tentative ruling system for law and motion. Tentative more...

If Neither Party Requests Hearing, Tentative Ruling Becomes Official Ruling

The tentative ruling will become the Court's ruling unless by 4:00 p.m. of the court day preceding t more...

Prevailing Party Must Prepare Order

The prevailing party must prepare an order after hearing in accordance with the requirements of Cali more...

Telephonic Appearance

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

Local Rules Regarding Telephonic Appearances

The unlimited civil jurisdiction departments (fast track departments) generally use the Court Call s more...

Pursuant to California Rules of Court, Rule 3.670(e)(2) the Court reserves the right in any matter t more...

Personal Appearance May Be Necessary

If the Judge hearing a matter determines on an individual case that a personal appearance is necessa more...

For more information regarding telephonic appearances, please see . more...

Ruling and Order

Contra Costa County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE more...

Reporting

Law and motion oral arguments are not regularly reported in most Civil Fast Track Departments. more...

If any party wishes to request reporting, the request should be made, and all parties notified, at t more...

Unless otherwise ordered by the Court, law and motion oral argument might only be reported when all more...

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