Opposition to Motion for Reconsideration

 Superior Court of California
 Contra Costa County

Nine (9) Court Days Before the Hearing

Late Papers

The clerk may not reject untimely papers. If the court refuses to consider the paper, the order must so indicate. more...

Local Rule Regarding Late Papers

The Court will not consider late filed papers unless good cause is shown at the hearing. . more...

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 application, identifying the judge to 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 and papers other than demurrers, California Rule of Court 2.111(4) now governs. more...

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

Memorandum of Points and Authorities

Content

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

Fifteen (15) Page Limit on Briefs

Except in a summary judgment or summary adjudication motion, an opposition memorandum may not exceed fifteen (15) pages, 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. . 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

Contra Costa 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

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 more...

Objections To Evidence

Opposition papers may include objections to the evidence relied upon by the moving party.Customarily, objections to evidence are made in a separate document. more...

Response to Declaration Re New Facts

A motion for reconsideration must be accompanied by a declaration describing the previous application, identifying the judge to 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 mail, or any method that is more...

California Rule of Court 2.260 expressly provides for electronic service of "a notice" in certain circumstances, but it more...

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...

Tentative Rulings

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

Prevailing Party Must Prepare Order

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

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. 670(a) and (c)(amended and renumbered eff 1/1/08). Contra Costa County SmartRules procedural guide: more...

Local Rules Regarding Telephonic Appearances

The unlimited civil jurisdiction departments (fast track departments) generally use the Court Call system. If a department does not more...

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

Personal Appearance May Be Necessary

If the Judge hearing a matter determines on an individual case that a personal appearance is necessary (i.e. 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 OF RULING. 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 the more...

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

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