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 Reply in Support of Motion to Stay or Dismiss on the Ground of Inconvenient Forum

 Superior Court of California
 San Mateo 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...

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

San Mateo 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...

Interpreters and Translators

A party seeking to use an interpreter must give notice to the Court and all other parties of more...

Unless the interpreter is an official court interpreter, the party employing the interpreter must provide the interpreter's name more...

Unless all parties consent, a "relation or friend" may not serve as an interpreter or translator in a more...

Declarations

San Mateo County SmartRules procedural guide:DECLARATIONS. more...

Deposition Testimony

The first page of any deposition testimony used as an exhibit must state the name of the deponent more...

Judicial Notice

San Mateo County SmartRules procedural guide: REQUEST FOR JUDICIAL NOTICE. 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

San Mateo 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...

Inadequate Proof of Service

In San Mateo County Superior Court, a proof of service is inadequate if it simply recites that the 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...

Continuances and Taking Matters Off Calendar

The court may order monetary sanctions if a party fails to advise the court at least three (3) more...

In order to drop hearings, the moving party must send a written document to the Clerk's Office by more...

In order to continue or advance a matter, all parties must agree in writing to the new date. more...

Tentative Rulings

A tentative ruling on a law and motion matter may be obtained by telephoning (650) 599-3481, after 3:00 more...

Call Opposing Counsel Day Before Hearing To Confirm Appearance

Parties intending to appear on the matter shall notify the Law and Motion Department or the department hearing more...

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. . (amended and renumbered 1/1/08). San Mateo County SmartRules procedural guide: more...

Ruling and Order

San Mateo County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...

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