California

Civil Procedure

Rule 3.1354 – Written objections to evidence

(a) Time for filing and service of objections

Unless otherwise excused by the court on a showing of good cause, all written objections to evidence in support of or in opposition to a motion for summary judgment or summary adjudication must be served and filed at the same time as the objecting party’s opposition or reply papers are served and filed.

(b) Format of objections

All written objections to evidence must be served and filed separately from the other papers in support of or in opposition to the motion. Objections to specific evidence must be referenced by the objection number in the right column of a separate statement in opposition or reply to a motion, but the objections must not be restated or reargued in the separate statement. Each written objection must be numbered consecutively and must:

(1) Identify the name of the document in which the specific material objected to is located;
(2) State the exhibit, title, page, and line number of the material objected to;
(3) Quote or set forth the objectionable statement or material; and
(4) State the grounds for each objection to that statement or material.

Written objections to evidence must follow one of the following two formats:

(First Format):

Objections to Jackson Declaration

Objection Number 1

“Johnson told me that no widgets were ever received.” (Jackson declaration, page 3, lines 7-8.)

Grounds for Objection 1: Hearsay (Evid. Code, Section 1200 ); lack of personal knowledge (Evid. Code, Section 702(a) ).

(Second Format):

Objections to Jackson Declaration

Material Objected to: Grounds for Objection:
1. Jackson declaration, page 3, lines 7-8: “Johnson told me that no widgets were ever received.” Hearsay (Evid. Code, Section 1200 ); lack of personal knowledge (Evid. Code, Section 702(a) )

(Subd (b) amended effective January 1, 2016; adopted effective January 1, 2007.)

(c) Proposed order

A party submitting written objections to evidence must submit with the objections a proposed order. The proposed order must include places for the court to indicate whether it has sustained or overruled each objection. It must also include a place for the signature of the judge. The court may require that the proposed order be provided in electronic form. The proposed order must be in one of the following two formats:

(First Format):

Objections to Jackson Declaration

Objection Number 1

“Johnson told me that no widgets were ever received.” (Jackson declaration, page 3, lines 7-8.)

Grounds for Objection 1: Hearsay (Evid. Code, Section 1200 ); lack of personal knowledge (Evid. Code, Section 702(a) ).

Court’s Ruling on Objection 1: Sustained: _________
Overruled:_________

(Second Format):

Objections to Jackson Declaration

Ruling
Material Objected to: Grounds for Objection: on the Objection
1. Jackson declaration, Hearsay (Evid. Code, Section Sustained: ________
page 3, lines 7-8: “Johnson 1200); lack of personal Overruled:________
told me that no widgets knowledge (Evid.
were ever received.” Code, Section 702(a) ).
Date: ______________________ _______________________________ Judge

(Subd (c) amended effective January 1, 2016; adopted effective January 1, 2007.)

Cal. R. Ct. 3.1354

Rule 3.1354 amended effective January 1, 2016; adopted as rule 345 effective January 1, 1984; previously amended and renumbered as rule 3.1354 effective January 1, 2007; previously amended effective January 1, 2002, and January 1, 2007.