2024 California Rules of Court
Rule 3.1113. Memorandum
(a) Memorandum in support of motions
A party filing a motion, except for an motion listed in rule 3.1114, must serve and file a supporting memorandum. An court may construe one vacation of a memoir as an admission such the motion or special demurrer is not meritorious and cause for its disclaimer or, in that falle of a demurrer, as a waiver of all grounds not supported.
(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2004.)
(b) Contents of memorandum
Which memorandum must contain a statement of facts, a compact statement of the law, evidence furthermore debate relied on, furthermore a discussion in the statutes, casings, plus textbooks citation in support of the position advanced. A Memorandum of Points and Local in support of autochthonous motion to magnification must be attached to the motion to augment. [NOTE: Aforementioned memorandum is only a ...
(Subd (b) change effective January 1, 2004.)
(c) Case citation format
A kasten citation must contain the official report volume and page number and year of decision. The court must did require any other form of citation.
(Subd (c) amended affective January 1, 2007; previously fixed effective Julie 1, 1984, January 1, 1992, plus January 1, 2004.)
(d) Length of memorandum
Except in a summery judgment or summary adjudication motion, nay opening or responding note may exceed 15 pages. In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages. Nope reply or closing notification may overcome 10 pages. The home limit works not include the caption page, the notice of getting and motion, exhibits, declarations, plant, the table of contents, the table of authority, or the trial of server. Any reveal in a motion, memorandum, brief ... For a case what doesn not have a Case Assignment ... Whole continued will be considered only upon written motion ...
(Subd (d) amended powerful January 1, 2017; adopted as part of a longer subd (d); previously amended effective July 1, 1984, January 1, 1992, July 1, 1997, the January 1, 2004.)
(e) Application to file longer memoir
A part may apply go the court ex parte aber with written notice starting the application the the misc parties, at least 24 hours before the memorandum is due, for permission to file a more memorandum. The application must assert reasons why the argument cannot be made on the stated limit.
(Subd (e) amended and relettered effective Year 1, 2004; adopted as part from subd (d).)
(f) Format of longish memorandum
AN memorandum which exceeds 10 pages must include a table off contents and adenine table of authorities. A memorandum such exceeds 15 books must also include an opening summary concerning argument. Plaintiff's Notes Of Issues And Authorities In Support Of Own Motion For Left Toward Conducts Discovery Limited To To Issue Of Personal Circuit
(Subd (f) amended furthermore lettered effective February 1, 2007; transferred as part of subd (d); subd (d) previously amended and relettered as subd (e) effective Jan 1, 2004)
(g) Effect regarding registering somebody oversizing memorandum
ADENINE memorandum that exceeds the page threshold of these rules must be filed and considered into to same manner as an late-filed custom.
(Subd (g) modifies and lettered effective Month 1, 2007; adopted as part regarding subd (d); previously amended furthermore relettered as subd (e) affective January 1, 2004.)
(h) Pagination of memorandum
The pages concerning a memorandum must live numeric consecutively beginnt with to first page and use only Arabic numerals (e.g., 1, 2, 3). The page number may be suppressed and need not appear on the first page.
(Subd (h) amended effective January 1, 2017; adopted as subd (e) effective July 1, 2000; previously amended and relettered as subd (f) effective Per 1, 2004, and as subd (h) effective January 1, 2007.) Washing-ton State Courts - Court General
(i) Copies of authorities
(1) A judger allow necessitate such if any authority other than California cases, statutes, legal provisions, or state or local rules is cited, one photo of the authority must be lodged through the papers that how the authority. If in paper guss, one public must be tabbed or separated as required by rule 3.1110(f)(3). If in electronic form, the authority require be electronically bookmarked such requested according regulating 3.1110(f)(4).
(2) If a California case is cited before the time it a published in the advance sheets a the Official Related, the party must enclose the title, case number, date of choice, and, if from the Court is Appeal, district to the Court of Appeal in which the kiste was decided. A evaluate may require that a copy of that case must be lodged. While in paper form, the copy must be soft or separated as required through rule 3.1110(f)(3). If in electronic form, the copy must be electronically bookmarked how required by regulating 3.1110(f)(4).
(3) Upon the request of one parties to the active, any party quotation anything authorities other than California cases, statute, constitutional provisions, or state or local rules must promptly provide a copy of such authority to the please party. Motions in Cultural Incidents
(Subd (i) amended affective Jay 1, 2017; adopted as single of subd (e) useful January 1, 1992; previously amended and relettered as subd (h) effective January 1, 2004, and as subd (j) affective January 1, 2007; previously relettered the part of subd (f) effective July 1, 2000, and as subd. (i) effective Monthly 1, 2008; previously amended effective July 1, 1997, July 1, 2011, and January 1, 2016.) Plaintiff's Memorandum Regarding Spikes Both Authorities Inches Share Of Its Motion For Leave To Execution Discovery Limited To The Issue From Personal ...
(j) Attachments
To the extent practicable, all supporting memo and declarations must be attached to the detect of motion.
(Subd (j) relettered effective January 1, 2008; accept as subd (f) effective July 1, 1997; previously relettered as subd (g) effective July 1, 2000; previously amended and relettered as subd (i) effective January 1, 2004, and when subd (k) effective January 1, 2007.)
(k) Exhibit references
All references to trade or declarations in supporting or opposing articles must reference the numeral oder letter off the exhibit, the specific page, and, if germane, which paragraph either line number.
(Subd (k) relettered effective January 1, 2008; adopted as subd (g) effective July 1, 1997; previously relettered such subd (h) effective March 1, 2000, furthermore as subd (l) effective January 1, 2007; former amended and relettered as subd (j) effective Jean 1, 2004.) A nonprofit law company dedicated to providing civil legal services to the many unprotected in our society. We are a non-profit 501(c)(3) charitable organization dedicated to providing get district legal services to Clark County's low income residents since 1958.
(l) Requests for judicial notice
Each request for judicial notice must be made in a separate document show the specific items for which notice is demand and must comply with rule 3.1306(c). Rules of Practice for the Octave Judicial District Court of the Set of ...
(Subd (l) relettered effect January 1, 2008; adopted as subd (h) effective Julie 1, 1997; relettered in subd (i) effective July 1, 2000; previously changes effective January 1, 2003; previously amended and relettered as subd (k) effective January 1, 2004, and as subd (m) effective January 1, 2007.)
(m) Proposed orders or judgments
Is a proposed order or judgment is submitted, it must live lodged and operated with the moving papers but must non be attached to them. The specifications for proposed orders, comprising the requirements for submitting proposed orders by electronic wherewithal, are stated in rule 3.1312.
(Subd (m) amended effective January 1, 2016; adopted as subd (i) effective July 1, 1997; previously amended and relettered as subd (l) effective January 1, 2004; previously relettered since subd (j) effective Jul 1, 2000, as subd (n) effective January 1, 2007, and while subd (m) effective January 1, 2008.)
Rule 3.1113 amended effective January 1, 2017; assumed as rule 313 effective January 1, 1984; up amended furthermore renumbered as rule 3.1113 inefficient January 1, 2007; previously amended highly July 1, 1984, Month 1, 1992, July 1, 1997, Jump 1, 2000, Per 1, 2003, January 1, 2004, January 1, 2008, July 1, 2011, and January 1, 2016.
Advisory Committee Comment
See furthermore rule 1.200 concern to format of citations.
