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Reply in Support of Motion to Stay or Dismiss on the Ground of Inconvenient Forum
Superior
Court of California
Orange County
5 Court Days Before the Hearing
Calculating the Deadline
The time in which any act provided by law is to be done is computed by excluding the more...
If the last day for the performance of any act provided or required by law to be performed more...
If any city, county, state, or public office, other than a branch office, is closed for the whole more...
Late Papers
The clerk may not reject untimely papers. If the court refuses to consider the paper, the order must so indicate. more...
In General
When a court upon motion of a party or its own motion finds that in the interest of more...
Extension of Time To Plead
The service and filing of the notice of motion to stay or dismiss extends defendant's time to plead more...
Not A General Appearance
A motion under Code of Civil Procedure Section 418.10, (or under Sections 473 or 473.5 when joined with more...
Major Contracts
An action cannot be dismissed on the basis of forum non conveniens if it involves a contract that more...
Other Requirements
Caselaw authority holds that a successful motion to stay or dismiss on the ground of inconvenient forum requires 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...
Local Rule Regarding Designation of Judicial Officer and Other Information
All documents filed in cases subject to civil case management, with the exception of the original summons and more...
ASSIGNED FOR ALL PURPOSES TO: more...
JUDICIAL OFFICER (insert name) more...
DEPARTMENT (insert no.) more...
In addition, the face page of any subsequent document must also designate the nature of the document, the more...
Memorandum of Points and Authorities
Content
A reply memorandum must contain a statement of facts, a concise statement of the law, and the evidence, more...
Ten (10) Page Limit on Reply Briefs
A reply memorandum may not exceed ten (10) pages, not including exhibits, declarations, attachments, tables, or proof of more...
Citations to Authority and Exhibits
Case citations must include the official report volume and page number and year of decision. . more...
A judge may require that authority from outside California be lodged with the papers that cite the authority more...
References to exhibits must include the number or letter of the exhibit, the specific page and specific paragraph 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
Orange 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 3 court days more...
Declarations
Orange County SmartRules procedural guide: DECLARATIONS. more...
Judicial Notice
Orange 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
Reply papers may include objections to the evidence relied upon by the opposing party. Customarily, objections to evidence are made in a separate document. more...
Filing
Time
Reply papers must be filed at least 5 court days before the hearing date. . more...
Method
Orange County SmartRules procedural guide: FILING DOCUMENTS. more...
Complex Civil Actions -- Electronic Filing Mandatory
Electronic filing is mandatory for all complex cases in Orange County Superior Court. more...
For more detailed information requirements, Orange County SmartRules procedural guide: FILING DOCUMENTS. more...
No Fee
There is no fee for filing reply papers. more...
Service
Opposition and reply papers must be served by personal delivery, fax, express mail, or any method that is 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
Those tentative rulings which are posted on the Internet may be viewed at . In addition, tentative rulings more...
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Telephonic Appearance
Telephonic appearance for civil hearings is generally allowed. . (amended and renumbered 1/1/08). Orange County SmartRules procedural guide: more...
Local Rule Re Telephonic Appearances
Notification that a party will appear telephonically must be made in accordance with rule 3.670, California Rules of more...
Individual departments will advise the parties whether telephone calls are to be placed directly to the department or more...
Ruling and Order
A proposed order must be lodged and served as a separate document. . (renumbered 1/1/07) Orange County SmartRules procedural guide: more...
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