California Motion Filing Checklist

California Motion Filing Checklist

Court: Superior Court of California, County of [________________________________]

Case Number: [________________________________]

Case Caption: [________________________________] v. [________________________________]

Motion Type: [________________________________]

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Motion Timing Requirements (CCP § 1005)

Standard Motion Notice

☐ Motion must be served 16 court days before hearing (personal/electronic)
☐ Motion must be served 16 court days + 5 calendar days before hearing (mail within CA)
☐ Motion must be served 16 court days + 10 calendar days before hearing (mail outside CA)

Calculated Deadlines

☐ Hearing date: [__/__/____]
☐ Service deadline: [__/__/____]
☐ Filing deadline: [__/__/____]

Opposition Deadline

☐ 9 court days before hearing
☐ Opposition due date: [__/__/____]

Reply Deadline

☐ 5 court days before hearing
☐ Reply due date: [__/__/____]

II. Required Motion Documents

Notice of Motion

☐ Caption with case number
☐ Identification of motion (what is being sought)
☐ Date, time, and location of hearing
☐ Department number
☐ Statutory/rule authority for motion

Motion (Memorandum of Points and Authorities)

☐ Page limit: 15 pages (CRC 3.1113(d))
☐ 20 pages with leave of court
☐ Table of contents (if over 10 pages)
☐ Table of authorities (if over 10 pages)
☐ Statement of facts
☐ Legal argument
☐ Conclusion

Supporting Declaration(s)

☐ Personal knowledge stated
☐ Facts, not conclusions
☐ Competent to testify
☐ Dated and signed
☐ Notarized (if affidavit instead of declaration)

Exhibits

☐ Properly marked
☐ Referenced in declaration
☐ Index of exhibits (if multiple)
☐ Authentication established

Proposed Order

☐ Caption with case number
☐ Recitals (motion filed, hearing held)
☐ Specific ruling language
☐ Signature line for judge
☐ Space for date signed

III. Formatting Requirements (CRC 3.1110-3.1116)

Paper Formatting

☐ 8.5 x 11 inch paper
☐ Line numbering on left side (pleading paper)
☐ Margins: 1 inch (left), 0.5-1 inch (right, top, bottom)

Font and Spacing

☐ Font size: minimum 12 point
☐ Double-spaced text
☐ Single-spaced for quotations and footnotes

Binding and Tabs

☐ Bound at top or side (check local rule)
☐ Tabbed exhibits
☐ Two-hole punched at top (most courts)

IV. Common Motion Types

Dispositive Motions

Demurrer (CCP § 430.10):
☐ Meet and confer required (CCP § 430.41)
☐ Declaration re: meet and confer filed
☐ Request for judicial notice (if needed)
☐ Hearing set 35+ days out

Motion for Summary Judgment/Adjudication (CCP § 437c):
☐ 75 days notice required
☐ Separate Statement of Undisputed Material Facts required
☐ No page limit on motion itself
☐ Evidence properly authenticated
☐ Meet and confer not required

Motion to Strike (CCP § 435-436):
☐ Meet and confer required (CCP § 435.5)
☐ Declaration re: meet and confer filed
☐ Identify specific matter to be stricken

Discovery Motions

Motion to Compel:
☐ 45-day deadline from service of responses (or no response)
☐ Meet and confer required
☐ Separate statement required
☐ Declaration re: meet and confer
☐ Request for sanctions

Motion for Protective Order:
☐ Meet and confer required
☐ Good cause stated

Other Common Motions

Motion to Continue Trial:
☐ Good cause shown
☐ Diligence demonstrated
☐ No prejudice to other parties

Motion for Leave to Amend:
☐ Proposed amended pleading attached
☐ Declaration explaining amendment
☐ No undue prejudice

V. Summary Judgment Specific Requirements (CCP § 437c)

Timing

☐ Motion filed at least 75 days before hearing
☐ Or 80 days if served by mail within California
☐ Or 85 days if served by mail outside California

Required Documents

☐ Notice of Motion
☐ Motion/Memorandum of Points and Authorities
☐ Separate Statement of Undisputed Material Facts
☐ Declarations
☐ Evidence (authenticated)
☐ Proposed Order

Separate Statement Format

☐ Each fact separately numbered
☐ Citation to supporting evidence for each fact
☐ Quotations from evidence where applicable

Opposition

☐ Due 14 days before hearing
☐ Opposing separate statement required
☐ Respond to each fact (disputed/undisputed)
☐ Citation to evidence creating dispute

Reply

☐ Due 5 days before hearing
☐ Reply separate statement (to opposing facts)

VI. Discovery Motion Requirements

Meet and Confer Requirement

☐ Personal, telephonic, or written meet and confer
☐ Good faith effort to resolve
☐ Declaration describing efforts filed

Separate Statement Requirement

☐ Each discovery request set forth
☐ Response to each request
☐ Reason why further response required
☐ Format per CRC 3.1345

Deadline to File

☐ Motion to compel: 45 days from service of response
☐ Motion to compel initial response: No deadline (but reasonable time)

VII. Filing and Service

E-Filing

☐ E-filing mandatory in this county: ☐ Yes ☐ No
☐ Documents in PDF format
☐ All documents properly named
☐ Hearing reserved before filing (if required)

Hearing Reservation

☐ Some courts require reserving hearing date BEFORE filing
☐ Reservation system: [________________________________]
☐ Reservation confirmation: [________________________________]

Service Methods

☐ Electronic service (if consent/mandatory)
☐ Personal delivery
☐ Mail

Proof of Service

☐ Filed with motion papers
☐ Lists all parties served
☐ Method and date of service

VIII. Hearing Preparation

Pre-Hearing

☐ Opposition received and reviewed: [__/__/____]
☐ Reply filed: [__/__/____]
☐ Courtesy copies provided (if required by department)
☐ Tentative ruling checked (if court issues)

Tentative Ruling System

☐ Court posts tentative rulings: ☐ Yes ☐ No
☐ Tentative ruling website: [________________________________]
☐ Call-in required to contest: ☐ Yes ☐ No
☐ Call-in deadline: [________________________________]

Hearing Appearance

☐ In-person
☐ Telephonic (if permitted)
☐ Video (if permitted)
☐ Appearance information: [________________________________]

IX. Local Rules Compliance

County: [________________________________]

☐ Local rules reviewed
☐ Department-specific rules reviewed
☐ Hearing reservation requirements checked
☐ Courtesy copy requirements checked
☐ Format requirements verified

X. Post-Hearing

If Motion Granted

☐ Proposed order submitted (if not already)
☐ Order signed and filed
☐ Implement ruling

If Motion Denied

☐ Review order for next steps
☐ Consider motion for reconsideration (CCP § 1008)
☐ Appeal rights (if applicable)

Motion for Reconsideration (CCP § 1008)

☐ New or different facts, circumstances, or law
☐ Must be filed within 10 days of order
☐ Declaration explaining why new matter not presented before

XI. Quality Control Checklist

Before Filing

☐ Hearing date confirmed
☐ All notice requirements calculated correctly
☐ Meet and confer completed (if required)
☐ All required documents prepared
☐ Page limits observed
☐ All declarations signed
☐ Exhibits properly authenticated
☐ Proposed order prepared
☐ Proof of service prepared

Document Review

☐ Case number correct
☐ Hearing date/time/location correct
☐ All attachments included
☐ Proper formatting
☐ No filing errors

XII. Document Tracking Log

XIII. Key Deadlines Summary

Sources and References

• California Rules of Court: https://www.courts.ca.gov/rules.htm
• California Code of Civil Procedure: https://leginfo.legislature.ca.gov
• Local Court Rules: [County Court Website]

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]