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California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior

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 Reply in Support of Motion for Preliminary Injunction

 Superior Court of California

This is a preview. For access to the full SmartRules Guide,
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 Santa Clara

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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...

 Rules and Requirements

Notice Required

No preliminary injunction will issue without notice to the opposing party. . more...

Manner of Application and Service

A party requesting a preliminary injunction may give notice of the request to the opposing or responding party more...

Grounds for Preliminary Injunction

A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits more...

Undertaking and Proposed Order Required

Notwithstanding 1312, whenever an application for a preliminary injunction is granted, a proposed order must be presented to more...

 Reply Papers


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


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...


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

Santa Clara County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...



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...


Santa Clara County SmartRules procedural guide: DECLARATIONS. more...

Judicial Notice

Santa Clara 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...




Reply papers must be filed at least 5 court days before the hearing date. . more...


Santa Clara County SmartRules procedural guide: FILING DOCUMENTS. more...

Electronic Filing and Service Required For Complex Actions

All complex actions are designated for electronic filing and service unless exempted by order of the Complex Litigation more...

No Fee

There is no fee for filing reply papers. more...



Opposition and reply papers must be served by personal delivery, fax, express mail, or any method that is more...

 Hearing and Disposition


A scheduled motion may be continued only upon application to the judge who is to hear the motion, more...

Any request for relief by the party responding to the motion will remain set for hearing unless continued 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 Court follows 1308(a)(1) for those departments that have elected to issue tentative rulings in civil law and more...

Those departments issuing tentative rulings will do so generally by 2:00 p.m., and no later than 3:00 p.m., more...

Appearances may be by telephone (through CourtCall) or in person. more...

The tentative ruling will automatically become the order of the Court on the scheduled hearing date if the more...


Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. . Santa Clara County SmartRules procedural guide: more...

Ruling and Order

Santa Clara County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...


Copyright SmartRules 2003-2014 exclusive of the text of Government codes


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California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior