California

Civil Procedure

Civil Procedure

Rule 3.1112 – Motions and other pleadings

(a) Motions required papers

Unless otherwise provided by the rules in this division, the papers filed in support of a motion must consist of at least the following:

(1) A notice of hearing on the motion ;
(2) The motion itself; and
(3) A memorandum in support of the motion or demurrer.
(b) Other papers

Other papers may be filed in support of a motion, including declarations, exhibits, appendices, and other documents or pleadings.

(c) Form of motion papers

The papers filed under (a) and (b) may either be filed as separate documents or combined in one or more documents if the party filing a combined pleading specifies these items separately in the caption of the combined pleading.

(d) Motion-required elements

A motion must:

(1) Identify the party or parties bringing the motion;
(2) Name the parties to whom it is addressed;
(3) Briefly state the basis for the motion and the relief sought; and
(4) If a pleading is challenged, state the specific portion challenged.
(e) Additional requirements for motions

In addition to the requirements of this rule, a motion relating to the subjects specified in chapter 6 of this division must comply with any additional requirements in that chapter.

(f) Motion in limine

Notwithstanding (a) , a motion in limine filed before or during trial need not be accompanied by a notice of hearing. The timing and place of the filing and service of the motion are at the discretion of the trial judge.

Cal. R. Ct. 3.1112

Rule 3.1112 amended effective July 1, 2008; adopted as rule 312 effective July 1, 1997; previously amended and renumbered effective January 1, 2007.