California

Civil Procedure

Rule 3.1 – Title
Rule 3.10 – Application
Rule 3.20 – Preemption of local rules
Rule 3.35 – Definition of limited scope representation; application of rules
Rule 3.36 – Notice of limited scope representation and application to be relieved as attorney
Rule 3.37 – Nondisclosure of attorney assistance in preparation of court documents
Rule 3.50 – Application of rules
Rule 3.51 – Method of application and filing of papers
Rule 3.52 – Procedure for determining application
Rule 3.53 – Application granted unless acted on by the court
Rule 3.54 – Confidentiality
Rule 3.55 – Court fees and costs included in all initial fee waivers
Rule 3.56 – Additional court fees and costs that may be included in initial fee waiver
Rule 3.57 – Amount of lien for waived fees and costs
Rule 3.58 – Posting notice
Rule 3.59 – [Repealed]
Rule 3.100 – Payment of filing fees by credit or debit card
Rule 3.110 – Time for service of complaint, cross-complaint, and response
Rule 3.220 – Case cover sheet
Rule 3.221 – Information about alternative dispute resolution
Rule 3.222 – Papers to be served on cross-defendants
Rule 3.250 – Limitations on the filing of papers
Rule 3.252 – Service of papers on the clerk when a party’s address is unknown
Rule 3.254 – List of parties
Rule 3.300 – Related Cases
Rule 3.350 – Consolidation of cases
Rule 3.400 – Definition
Rule 3.401 – Complex case designation
Rule 3.402 – Complex case counterdesignations
Rule 3.403 – Action by court
Rule 3.500 – Transfer and consolidation of noncomplex common-issue actions filed in different courts
Rule 3.501 – Definitions
Rule 3.502 – Complex case-determination
Rule 3.503 – Requests for extensions of time or to shorten time
Rule 3.504 – General law applicable
Rule 3.505 – Appellate review
Rule 3.506 – Liaison counsel
Rule 3.510 – Service of papers
Rule 3.511 – Papers to be submitted to the Chair of the Judicial Council
Rule 3.512 – Electronic submission of documents to the Chair of the Judicial Council
Rule 3.513 – Service of memorandums and declarations
Rule 3.514 – Evidence presented at court hearings
Rule 3.515 – Motions and orders for a stay
Rule 3.516 – Motions under Code of Civil Procedure section 170.6
Rule 3.520 – Motions filed in the trial court
Rule 3.521 – Petition for coordination
Rule 3.522 – Notice of submission of petition for coordination
Rule 3.523 – Service of notice of submission on party
Rule 3.524 – Order assigning coordination motion judge
Rule 3.525 – Response in opposition to petition for coordination
Rule 3.526 – Response in support of petition for coordination
Rule 3.527 – Notice of hearing on petition for coordination
Rule 3.528 – Separate hearing on certain coordination issues
Rule 3.529 – Order granting or denying coordination
Rule 3.530 – Site of coordination proceedings
Rule 3.531 – Potential add-on case
Rule 3.532 – Petition for coordination when cases already ordered coordinated
Rule 3.540 – Order assigning coordination trial judge
Rule 3.541 – Duties of the coordination trial judge
Rule 3.542 – Remand of action or claim
Rule 3.543 – Transfer of action or claim
Rule 3.544 – Add-on cases
Rule 3.545 – Termination of coordinated action
Rule 3.550 – General administration by Judicial Council staff
Rule 3.650 – Duty to notify court and others of stay
Rule 3.670 – Telephone appearance
Rule 3.680 – Service of Notice of Stay and Early Evaluation Conference
Rule 3.682 – Notice of Mandatory Evaluation Conferences
Rule 3.700 – Scope and purpose of the case management rules
Rule 3.710 – Authority
Rule 3.711 – Local court rules
Rule 3.712 – Application and exceptions
Rule 3.713 – Delay reduction goals
Rule 3.714 – Differentiation of cases to achieve goals
Rule 3.715 – Case evaluation factors
Rule 3.720 – Application
Rule 3.721 – Case management review
Rule 3.722 – Case management conference
Rule 3.723 – Additional case management conferences
Rule 3.724 – Duty to meet and confer
Rule 3.725 – Case Management Statement
Rule 3.726 – Stipulation to alternative dispute resolution
Rule 3.727 – Subjects to be considered at the case management conference
Rule 3.728 – Case management order
Rule 3.729 – Setting the trial date
Rule 3.730 – Case management order controls
Rule 3.734 – Assignment to one judge for all or limited purposes
Rule 3.735 – Management of short cause cases
Rule 3.740 – Collections cases
Rule 3.741 – Settlement of collections case
Rule 3.750 – Iniitial case management conference
Rule 3.751 – Electronic service
Rule 3.760 – Application
Rule 3.761 – Form of complaint
Rule 3.762 – Case conference
Rule 3.763 – Conference order
Rule 3.764 – Motion to certify or decertify a class or amend or modify an order certifying a class
Rule 3.765 – Class action order
Rule 3.766 – Notice to class members
Rule 3.767 – Orders in the conduct of class actions
Rule 3.768 – Discovery from unnamed class members
Rule 3.769 – Settlement of class actions
Rule 3.770 – Diismissal of class actions
Rule 3.771 – Judgment
Rule 3.800 – Definitions
Rule 3.810 – Application
Rule 3.811 – Cases subject to and exempt from arbitration
Rule 3.812 – Assignment to arbitration
Rule 3.813 – Arbitration program administration
Rule 3.814 – Panels of arbitrators
Rule 3.815 – Selection of the arbitrator
Rule 3.816 – Disqualification for conflict of interest
Rule 3.817 – Arbitration hearings; notice; when and where held
Rule 3.818 – Continuances
Rule 3.819 – Arbitrator’s fees
Rule 3.820 – Communication with the arbitrator
Rule 3.821 – Representation by counsel; proceedings when party absent
Rule 3.822 – Discovery
Rule 3.823 – Rules of evidence at arbitration hearing
Rule 3.824 – Conduct of the hearing
Rule 3.825 – The award
Rule 3.826 – Trial after arbitration
Rule 3.827 – Entry of award as judgment
Rule 3.828 – Vacating judgment on award
Rule 3.829 – Settlement of case
Rule 3.830 – Arbitration not pursuant to rules
Rule 3.835 – Application
Rule 3.845 – Form of mediator statements and reports
Rule 3.850 – Purpose and function
Rule 3.851 – Application
Rule 3.852 – Definitions
Rule 3.853 – Voluntary participation and self-determination
Rule 3.854 – Confidentiality
Rule 3.855 – Impartiality, conflicts of interest, disclosure, and withdrawal
Rule 3.856 – Competence
Rule 3.857 – Quality of mediation process
Rule 3.858 – Marketing
Rule 3.859 – Compensation and gifts
Rule 3.860 – Attendance sheet and agreement to disclosure
Rule 3.865 – Application and purpose
Rule 3.866 – Definitions
Rule 3.867 – Complaint coordinator
Rule 3.868 – Complaint procedure required
Rule 3.869 – General requirements for complaint procedures and complaint proceedings
Rule 3.870 – Permissible court actions on complaints
Rule 3.871 – Confidentiality of complaint proceedings, information, and records
Rule 3.872 – Disqualification from subsequently serving as an adjudicator
Rule 3.890 – Application
Rule 3.891 – Actions subject to mediation
Rule 3.892 – Panels of mediators
Rule 3.893 – Selection of mediators
Rule 3.894 – Attendance, participant lists, and mediation statements
Rule 3.895 – Filing of Statement of Agreement or Nonagreement by mediator

Rule 3.896 – Coordination with Trial Court Delay Reduction Act
Rule 3.897 – Statistical information – Repealed
Rule 3.898 – Educational material
Rule 3.900 – Purposes of reference
Rule 3.901 – Application for order appointing referee
Rule 3.902 – Order appointing referee
Rule 3.903 – Selection and qualifications of referee
Rule 3.904 – Certification and disclosure by referee
Rule 3.905 – Objections to the appointment
Rule 3.906 – Motion to withdraw stipulation
Rule 3.907 – Use of court facilities and court personnel
Rule 3.908 – Motion for leave to file complaint for intervention [Repealed]
Rule 3.910 – Request and order for appropriate and accessible hearing site[Repealed]
Rule 3.920 – Purposes and conditions for appointment of referee
Rule 3.921 – Motion for appointment of a referee
Rule 3.922 – Form and contents of order appointing referee
Rule 3.923 – Selection and qualification of referee
Rule 3.924 – Certification and disclosure by referee
Rule 3.925 – Objection to reference
Rule 3.926 – Use of court facilities
Rule 3.927 – Circumstances required for appointment of discovery referee [Repealed]
Rule 3.930 – Documents and exhibits
Rule 3.931 – Open proceedings, notice of proceedings, and order for hearing site
Rule 3.932 – Motions or applications to be heard by the court
Rule 3.1000 – Format of supplemental and further discovery
Rule 3.1010 – Oral depositions by telephone, videoconference, or other remote electronic means
Rule 3.1015 – Discovery in action pending outside of California [Repealed]
Rule 3.1100 – Application
Rule 3.1103 – Definitions and construction
Rule 3.1109 – Notice of determination of submitted matters
Rule 3.1110 – General format
Rule 3.1112 – Motions and other pleadings
Rule 3.1113 – Memorandum
Rule 3.1114 – Applications, motions, and petitions not requiring a memorandum
Rule 3.1115 – Declarations
Rule 3.1116 – Deposition testimony as an exhibit
Rule 3.1130 – Bonds and undertakings
Rule 3.1140 – Lodging of record in administrative mandate cases
Rule 3.1142 – Stay of driving license suspension
Rule 3.1150 – Preliminary injunctions and bonds
Rule 3.1151 – Requirements for injunction in certain cases
Rule 3.1152 – Repealed
Rule 3.1153 – [Repealed]
Rule 3.1160 – Requests for protective orders to prevent civil harassment, workplace violence, private postsecondary school violence, and elder or dependent adult abuse
Rule 3.1161 – Request to make minor’s information confidential in civil harassment protective order proceedings
Rule 3.1175 – Ex parte application for appointment of receiver
Rule 3.1176 – Confirmation of ex parte appointment of receiver
Rule 3.1177 – Nomination of receivers
Rule 3.1178 – Amount of undertakings
Rule 3.1179 – The receiver
Rule 3.1180 – Employment of attorney
Rule 3.1181 – Receiver’s inventory
Rule 3.1182 – Monthly reports
Rule 3.1183 – Interim fees and objections
Rule 3.1184 – Receiver’s final account and report
Rule 3.1200 – Application
Rule 3.1201 – Required documents
Rule 3.1202 – Contents of application
Rule 3.1203 – Time of notice to other parties
Rule 3.1204 – Contents of notice and declaration regarding notice
Rule 3.1205 – Filing and presentation of the ex parte application
Rule 3.1206 – Service of papers
Rule 3.1207 – Appearance requirements
Rule 3.1300 – Time for filing and service of motion papers
Rule 3.1302 – Place and manner of filing
Rule 3.1304 – Time of hearing
Rule 3.1306 – Evidence at hearing
Rule 3.1308 – Tentative rulings
Rule 3.1310 – Reporting of proceedings on motions
Rule 3.1312 – Preparation and submission of proposed order
Rule 3.1320 – Demurrers
Rule 3.1322 – Motions to strike
Rule 3.1324 – Amended pleadings and amendments to pleadings
Rule 3.1326 – Motions for change of venue
Rule 3.1327 – Motions to quash or to stay action in summary proceeding involving possession of real property
Rule 3.1330 – Motion concerning arbitration
Rule 3.1332 – Motion or application for continuance of trial
Rule 3.1335 – Motion or application to advance, specially set, or reset trial date
Rule 3.1340 – Motion for discretionary dismissal after two years for delay in prosecution
Rule 3.1342 – Motion to dismiss for delay in prosecution
Rule 3.1345 – Format of discovery motions
Rule 3.1346 – Service of motion papers on nonparty deponent
Rule 3.1347 – Discovery motions in summary proceeding involving possession of real property
Rule 3.1348 – Sanctions for failure to provide discovery
Rule 3.1350 – Motion for summary judgment or summary adjudication
Rule 3.1351 – Motions for summary judgment in summary proceeding involving possession of real property
Rule 3.1352 – Objections to evidence
Rule 3.1354 – Written objections to evidence
Rule 3.1360 – Motion to grant lien on cause of action
Rule 3.1362 – Motion to be relieved as counsel
Rule 3.1365 – Petitions under the California Environmental Quality Act
Rule 3.1370 – Emancipation of minors
Rule 3.1372 – Petitions for relief from financial obligations during military service
Rule 3.1380 – Mandatory settlement conferences
Rule 3.1382 – Good faith settlement and dismissal
Rule 3.1384 – Petition for approval of compromise of claim of minor or person with a disability; order for deposit of funds; and petition for withdrawal
Rule 3.1385 – Duty to notify court and others of settlement of entire case
Rule 3.1390 – Service and filing of notice of entry of dismissal
Rule 3.1540 – Examination of prospective jurors in civil cases
Rule 3.1545 – Expedited jury trials
Rule 3.1546 – Pretrial procedures for mandatory expedited jury trials
Rule 3.1547 – Consent order for voluntary expedited jury trial
Rule 3.1548 – Pretrial submissions for voluntary expedited jury trials
Rule 3.1549 – Voir dire
Rule 3.1550 – Time limits
Rule 3.1551 – Case presentation
Rule 3.1552 – Presentation of evidence
Rule 3.1553 – Assignment of judicial officers
Rule 3.1560 – Application
Rule 3.1580 – Request for special findings by jury
Rule 3.1590 – Announcement of tentative decision, statement of decision, and judgment
Rule 3.1591 – Statement of decision, judgment, and motion for new trial following bifurcated trial
Rule 3.1600 – Notice of intention to move for new trial
Rule 3.1602 – Hearing of motion to vacate judgment
Rule 3.1700 – Prejudgment costs
Rule 3.1702 – Claiming attorney’s fees
Rule 3.1800 – Default judgments
Rule 3.1802 – Inclusion of interest in judgment
Rule 3.1804 – Periodic payment of judgments against public entities
Rule 3.1806 – Notation on written instrument of rendition of judgment
Rule 3.1900 – Notice of renewal of judgment
Rule 3.2000 – Unlawful detainer-supplemental costs
Rule 3.2100 – Compliance with fictitious business name laws
Rule 3.2102 – Substituted service
Rule 3.2104 – Defendant’s claim
Rule 3.2106 – Venue challenge
Rule 3.2107 – Request for court order
Rule 3.2108 – Form of judgment
Rule 3.2110 – Role of clerk in assisting small claims litigants
Rule 3.2120 – Advisor assistance
Rule 3.2200 – Application
Rule 3.2205 – Form and format of administrative record lodged in a CEQA proceeding
Rule 3.2206 – Lodging and service
Rule 3.2207 – Electronic format
Rule 3.2208 – Paper format
Rule 3.2220 – Definitions and application
Rule 3.2221 – Time
Rule 3.2222 – Filing and service
Rule 3.2223 – Petition
Rule 3.2224 – Response to petition
Rule 3.2225 – Administrative record
Rule 3.2226 – Initial case management conference
Rule 3.2227 – Briefing and Hearing
Rule 3.2228 – Judgment
Rule 3.2229 – Notice of settlement
Rule 3.2230 – Settlement procedures and statement of issues
Rule 3.2231 – Postjudgment motions
Rule 3.2235 – Application
Rule 3.2236 – Service of Petition
Rule 3.2237 – List of responsible parties
Rule 3.2300 – Review under Penal Code section 186.35 of law enforcement agency denial of request to remove name from shared gang database

Rule 3.1600 – Notice of intention to move for new trial

(a) Time for service of memorandum

Within 10 days after filing notice of intention to move for a new trial in a civil case, the moving party must serve and file a memorandum in support of the motion, and within 10 days thereafter any adverse party may serve and file a memorandum in reply.

(b) Effect of failure to serve memorandum

If the moving party fails to serve and file a memorandum within the time prescribed in (a) , the court may deny the motion for a new trial without a hearing on the merits.

Cal. R. Ct. 3.1600

Rule 3.1600 amended and renumbered effective January 1, 2007; adopted as rule 203 effective January 1, 1949; previously amended effective April 1, 1962,January 1, 1971,January 1, 1984, andJanuary 1, 1987; previously amended and renumbered as rule 236.5 effective January 1, 2003.

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