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Rule 3.59 – [Repealed]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 3.761 – Form of complaint

(a) Caption of pleadings

A complaint for or against a class party must include in the caption the designation “CLASS ACTION.” This designation must be in capital letters on the first page of the complaint, immediately below the case number but above the description of the nature of the complaint.

(b) Heading and class action allegations

The complaint in a class action must contain a separate heading entitled “CLASS ACTION ALLEGATIONS,” under which the plaintiff describes how the requirements for class certification are met.

Cal. R. Ct. 3.761

Rule 3.761 renumbered effective January 1, 2007; adopted as rule 1851 effective January 1, 2002.

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