Law and Motion
Law and Motion
A Motion is an application to the court
requesting some kind of relief or court order
May be oral or written
General types of motions
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Procedural Motions
Discovery Motions
Dispositive Motions
Motions in Limine
Law and Motion
Common Dispositive Motions
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Demurrers
Motions to Strike
Motions to Quash
Motions for Judgment on the Pleadings
Motions for Summary Judgment or Summary
Adjudication
– Anti-SLAPP Motions to Strike
Law and Motion
Contents of All Motions
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Notice of Motion/Motion
Memorandum of Points and Authorities
Evidence to Support the Motion
Proof of Service of the Motion papers
Always check Cal. Rules of Court and the
Local Rules of the jurisdiction relating to
content and format of motions
Law and Motion
Notice of Motion*
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Type of relief requested
When and where the motion will be heard
Designate the supporting papers
Tentative ruling information, if applicable
Signed by attorney
Notice required (For most motions)
– 16 court days (plus additional time [calendar days]
for service by mail, etc.)
*SACRAMENTO COUNTY TENTATIVE
RULING INFORMATION
Pursuant to Local Rule 3.04, the court will make a tentative ruling on the
merits of this matter by 2:00 p.m., the court day before the hearing. You
may access and download the court’s ruling from the court’s website at
http://www.saccourt.ca.gov. If you do not have online access, you may
obtain the tentative ruling over the telephone by calling (916)874-8142 and a
deputy clerk will read the ruling to you. If you wish to request oral
argument, you must contact the courtroom clerk at (916)874-7858
(Department 53) or (916)874-7848 (Department 54) and the opposing party
before 4:00 p.m. the court day before the hearing. If you do not call the
court and the opposing party by 4:00 p.m. on the court day before the
hearing, no hearing will be held.
Law and Motion
Evidence to Support the Motion*
– Generally submitted by way of declarations or
affidavits
– Evidence in the declaration must be admissible
Declarant must be competent to testify
Declarant must have personal knowledge of facts
Other evidentiary objections apply i.e. hearsay
Law and Motion
Memorandum of Points and Authorities
(MPA’s or P&A’s)*
– Every motion must be supported by MPA’s
– MPA’s are the legal arguments and authorities in
support of the motion
– Length limits
15 pp for most motions (20 for Summary Judgment)
If over 10 pages must have table of contents and
authorities*
If longer than 15 pages, prior court order required
Law and Motion
Proof of Service
– All papers must be served on attorneys for all
parties
– Proof of Service must be filed with the court
– When calculating the necessary notice, count
backward from the date of the hearing
– If no Proof of Service or notice is not sufficient the
motion will be taken off calendar
Law and Motion
Opposition to Motions
– All other parties may file opposition or response to
the motion
– Must be filed 9 court days prior to hearing and
served so as to reach other parties w/in one day
– Opposition may include:
Points and Authorities
Declarations
Objections to evidence presented in the motion
Law and Motion
Reply to Opposition
– Must be filed 5 court days prior to the hearing
– Allows moving party to respond to the Opposition
– Allows moving party to object to any evidence
presented in opposition
Law and Motion
Tentative Rulings
– Prior to the date set for hearing, most courts issue a
“tentative ruling” based on the papers filed
– Either party may request a hearing by
Calling court and opposing parties of such request by
4 PM the day before the hearing
– If no hearing requested the Tentative Ruling
becomes the ruling of the court
– http://www.saccourt.ca.gov
Law and Motion
Hearing procedure
– Oral argument
– Telephonic appearance permitted
Court Call service – arrange in advance
Must be noted on the pleadings prior to the hearing
– Court will issue a “minute order” – clerks notes or
tentative ruling
– Formal Order – CRC Rule 3.1312
Law and Motion
Motions for Reconsideration
– Must show either:
New facts
New law
Law and Motion
Particular Dispositive Motions
– Demurrers
– Motion to Strike
– Motion for Judgment on the Pleadings
Similar to a Demurrer made after pleadings are closed
– Motions for Summary Judgment and Summary
Adjudication – Code of Civil Proc. section 437(c)
Law and Motion
Ex Parte Motions and Applications
– Motions made with less than the required notice
due to lack of time or other emergency
circumstance
Examples:
– To shorten or extend time for service of notice
– To authorize service of summons by publication
– To obtain temporary relief – restraining order,
temporary injunction, writ of attachment
Law and Motion
Ex Parte Motion Procedure
– Always review local rules
– Call clerk and reserve a hearing date and time
– Most rules require notice to other parties at least by 10am
the day before the ex parte hearing
Notice may be oral notice
Contents
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Ex Parte Application*
Declarations showing factual basis and notice
Points and Authorities
Proposed Order
Law and Motion
Special Motions to Strike SLAPP Suits (Anti-SLAPP
Motions)
– SLAPP Suit – Strategic Lawsuit Against Public
Participation
– Suits brought to “chill" or stop the valid exercise of a
persons constitutional right to free speech
Anti-SLAPP Motion
– A summary procedure used to dispose of a SLAPP Suit at
the pleading stage
– A hybrid between a demurrer and summary judgment
Law and Motion
Anti – SLAPP Motion
– Defendant must show that he/she/it was engaged in
some constitutionally protected activity
– Plaintiff must then produce evidence to support its
claims and must show a “reasonable probability”
that plaintiff will prevail at trial
– Most common type of cases are
Defamation or Invasion of Privacy
Trademark Infringement