California

Civil Procedure

Civil Procedure

Rule 3.1114 – Applications, motions, and petitions not requiring a memorandum

(a) Memorandum not required

Civil motions, applications, and petitions filed on Judicial Council forms that do not require a memorandum include the following:

(1) Application for appointment of guardian ad litem in a civil case;
(2) Application for an order extending time to serve pleading;
(3) Motion to be relieved as counsel;
(4) Motion filed in small claims case;
(5) Petition for change of name or gender;
(6) Petition for declaration of emancipation of minor;
(7) Petition for injunction prohibiting harassment;
(8) Petition for protective order to prevent elder or dependent adult abuse;
(9) Petition for order to prevent postsecondary school violence;
(10) Petition of employer for injunction prohibiting workplace violence;
(11) Petition for order prohibiting abuse (transitional housing) ;
(12) Petition to approve compromise of claim of a minor or a person with a disability; and
(13) Petition for withdrawal of funds from blocked account.

(Subd (a) amended effective January 1, 2011; previously amended effective January 1, 2007.)

(b) Submission of a memorandum

Notwithstanding (a) , if it would further the interests of justice, a party may submit, or the court may order the submission of, a memorandum in support of any motion, application, or petition. The memorandum must comply with rule 3.1113.

Cal. R. Ct. 3.1114

Rule 3.1114 amended effective January 1, 2011; adopted as rule 314 effective January 1, 2004; 24 previously amended and renumbered effective January 1, 2007.