Overview
Motions are how your attorney resolves legal disputes before trial. This guide covers the practical mechanics of filing, arguing, and winning motions in California courts.
Key takeaway
Law and motion practice involves filing and arguing legal motions before the court. Motions follow CRC formatting rules, include a memorandum of points and authorities with supporting declarations, and are heard on the court's scheduled calendar. Effective motion practice can resolve key disputes before trial.
Types of Motions
Noticed Motions
Noticed motions are the standard form of motion practice. The moving party files and serves the motion, the opposing party files an opposition, the moving party may file a reply, and the court hears the motion on the scheduled hearing date.
Common noticed motions in PI cases:
| Motion | Purpose | Key Statute |
|---|---|---|
| Motion to compel discovery | Force production of discovery responses | CCP 2030.290, 2031.300 |
| Motion to compel further responses | Require complete/adequate responses | CCP 2030.300, 2031.310 |
| Motion for summary judgment | Dispose of case before trial | CCP 437c |
| Demurrer | Challenge legal sufficiency of pleading | CCP 430.10 |
| Motion to strike | Remove improper matter from pleading | CCP 435-436 |
| Motion in limine | Exclude evidence at trial | Common law; CRC 3.1112 |
| Motion for protective order | Limit scope/manner of discovery | CCP 2030.090, 2031.060 |
| Motion to deem RFAs admitted | Establish admissions for failure to respond | CCP 2033.280 |
| Motion to quash subpoena | Challenge improper subpoena | CCP 1987.1 |
| Motion to continue trial | Reschedule trial date | CRC 3.1332 |
Ex Parte Applications
Ex parte applications are heard on shortened notice (typically the next court day) and are reserved for situations requiring immediate relief that cannot wait for the normal noticed motion timeline.
When Ex Parte Relief is Appropriate
Under CRC Rule 3.1202, ex parte relief requires a showing of:
- Irreparable harm, immediate danger, or other statutory basis for emergency relief
- Great or irreparable injury would result from delay
- A specific statutory authorization for ex parte relief (e.g., temporary restraining orders)
Common ex parte applications in PI:
- [ ] Application to shorten time for hearing a noticed motion
- [ ] Application to continue the trial date (when the noticed motion timeline is insufficient)
- [ ] Application for a temporary restraining order (spoliation, protective order)
- [ ] Application to advance the hearing date on a pending motion
- [ ] Application for leave to file an amended complaint
Ex Parte Procedure
| Requirement | Rule | Detail |
|---|---|---|
| Notice to opposing party | CRC 3.1203 | Notice by 10:00 AM the court day before the ex parte hearing |
| Declaration of notice | CRC 3.1204 | Declaration stating when and how notice was given |
| Application and declaration | CRC 3.1201 | Written application with supporting declaration |
| Proposed order | CRC 3.1201 | Proposed order for the court's signature |
Notice Requirement
Ex parte does not mean "without notice." You must provide notice to all parties by 10:00 AM the court day before the hearing. CRC 3.1203. Failure to provide adequate notice may result in denial or continuance. In your declaration, describe the specific notice given (time, method, and to whom).
CRC Formatting Requirements
Paper Format
CRC Rule 2.100 et seq. and Rule 3.1110 establish formatting requirements for all papers filed in California courts:
| Requirement | Rule | Standard |
|---|---|---|
| Paper size | CRC 2.100 | 8.5" x 11" (letter size) |
| Font | CRC 2.104 | At least 12-point; proportionally spaced or 10-pitch monospaced |
| Line spacing | CRC 2.108 | At least 1.5 line spacing (double spacing is standard) |
| Margins | CRC 2.108 | At least 1" on each side; at least 2" header on page 1 |
| Line numbering | CRC 2.108 | Required on each page; numbered consecutively |
| Page numbering | CRC 2.108 | Consecutive at bottom of each page |
| Footer | CRC 3.1110(b) | Include case name and number on each page |
| Binding | Local rules | Check local rules for stapling/binding requirements |
Page Limits
| Document | Page Limit | Authority |
|---|---|---|
| Memorandum of Points and Authorities (most motions) | 15 pages | CRC 3.1113(d) |
| Opposition to motion | 15 pages | CRC 3.1113(d) |
| Reply | 10 pages | CRC 3.1113(d) |
| Memorandum for summary judgment | 20 pages | CRC 3.1113(d) |
| Opposition to summary judgment | 20 pages | CRC 3.1113(d) |
| Reply on summary judgment | None specified (10 pages recommended) | -- |
| Ex parte application | No formal limit (keep concise) | -- |
Exceeding Page Limits
If your brief genuinely requires more pages, file an ex parte application or stipulation to file overlength briefing under CRC 3.1113(e). Include a declaration explaining why the additional pages are necessary. Do this before filing, not after.
Memorandum of Points and Authorities
Structure
A well-organized memorandum follows this structure:
- Introduction (1 paragraph) -- State what the motion seeks and why it should be granted
- Statement of Facts -- Relevant factual background, citing to declarations and exhibits
- Legal Argument -- Organized by issue, with headings and subheadings
- Conclusion -- Brief restatement of relief sought
Drafting Principles
- Lead with your strongest argument. The first argument should be the one most likely to persuade the court.
- Use headings as argument summaries. A judge scanning headings should understand your entire argument.
- Cite California authority first. State court decisions are binding; federal decisions are persuasive only.
- Anticipate and address counterarguments. Do not leave obvious objections unanswered.
- Be concise. Judges read dozens of briefs per week. Respect their time.
Practice Tip -- The One-Page Rule: If a judge only reads the first page of your brief, they should understand what the motion seeks, why it should be granted, and the most important case supporting your position. Many judges scan the first page and then jump to the conclusion. Make the first page count.
Declarations and Evidence
Declaration Requirements
Declarations must comply with CCP 2015.5 and Evidence Code requirements:
- [ ] State that the declaration is made under penalty of perjury under the laws of the State of California
- [ ] State that the facts are true and correct (or true to the best of the declarant's knowledge, information, and belief for matters not within personal knowledge)
- [ ] Be based on personal knowledge of the declarant
- [ ] Include the declarant's competence to testify to the matters stated
- [ ] Be dated and signed by the declarant
- [ ] State the place of execution (city and state)
Attorney Declarations
Attorney declarations are appropriate for:
- Procedural facts (meet-and-confer efforts, filing history, discovery timeline)
- Authentication of exhibits (attaching deposition transcripts, discovery responses)
- Legal fees and costs (for sanctions motions)
- Case management facts (scheduling, calendar, continuance requests)
Attorney declarations should not contain:
- Testimony about disputed facts that requires personal knowledge of the underlying events
- Expert opinions (unless the attorney is qualified and designated as an expert)
- Hearsay presented for the truth of the matter asserted
- Argument disguised as factual testimony
Exhibits
All exhibits must be:
- [ ] Properly labeled (Exhibit A, B, C or numbered)
- [ ] Referenced in a declaration authenticating them
- [ ] Tabbed or bookmarked for easy court reference
- [ ] Legible (not faded copies of copies)
- [ ] Relevant to the motion -- do not attach unnecessary exhibits
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Reservation Systems and Filing
Court Reservation Systems
Most California superior courts use reservation systems for motion hearing dates. Procedures vary by county:
| Court | System | Key Details |
|---|---|---|
| Los Angeles (LASC) | Online reservation at lacourt.org | Must reserve before filing; limited dates available |
| San Francisco | Department-specific procedures | Contact the clerk's office for available dates |
| Orange County | Online reservation system | Reserve through the court's website |
| San Diego | Online reservation via sdcourt.ca.gov | Reserve date and time online |
| Other counties | Varies; check local rules | Some use online reservation; others use clerk assignment |
LASC Reservation Requirement
In LASC, you must obtain a hearing reservation before filing your motion. The reservation number must appear on the face of the motion. Filing without a reservation may result in the motion being rejected. Reserve early -- popular hearing dates fill up quickly. The court's online reservation system is at lacourt.org.
Filing Procedures
- E-filing: Most California courts accept or require electronic filing. Check the court's approved e-filing service providers.
- Paper filing: Some courts still accept paper filing; check local rules.
- Filing fees: Most motions require a filing fee (currently $60 for most noticed motions). Some discovery motions have reduced fees.
- Courtesy copies: Many departments require courtesy copies of lengthy motions delivered to the department. Check the department's posted rules.
Oral Argument
Tentative Ruling Systems
Many California courts issue tentative rulings the day before or the morning of the hearing. The tentative ruling indicates the court's preliminary decision based on the papers.
How tentative ruling systems work:- Check the court's website (or call the tentative ruling line) the afternoon before the hearing
- If the tentative ruling is in your favor, you typically do not need to appear
- If the tentative ruling is against you, you must notify the court and opposing counsel by a specified deadline that you intend to appear and argue
- If no party contests the tentative ruling, it becomes the court's final order
Contesting a Tentative Ruling
Each department has its own procedure for contesting tentative rulings. Some require a phone call or email by a specific time (often 4:00 PM the day before or 9:00 AM the day of the hearing). Failure to contest timely may waive your right to oral argument. Know your department's procedures before the hearing date.
Preparing for Oral Argument
When you contest a tentative ruling or the court sets the matter for argument:
- [ ] Know the key facts cold -- do not rely on your papers
- [ ] Identify the court's specific concerns from the tentative ruling
- [ ] Prepare concise responses to each concern (2-3 sentences per issue)
- [ ] Bring copies of any authority you plan to cite that is not already in the briefing
- [ ] Have the key exhibits tabbed and ready for quick reference
- [ ] Prepare a brief opening statement (30-60 seconds) summarizing your position
- [ ] Anticipate questions from the bench and prepare direct answers
Practice Tip -- Arguing Against a Tentative: When the tentative ruling is against you, your oral argument must be focused and specific. Do not re-argue your entire brief. Identify the one or two points where you believe the court may have overlooked key evidence or misapplied the law. Address those points directly and concisely. Judges are more receptive to targeted arguments than to wholesale re-briefings.
Courtroom Etiquette
- Stand when addressing the court
- Refer to the judge as "Your Honor"
- Address opposing counsel professionally (by name, not "opposing counsel" or "the other side")
- Do not interrupt the judge or opposing counsel
- If the judge indicates they have made their decision, accept it gracefully
- Note the ruling on the record accurately
Specific Motion Practice Areas
Discovery Motions
Discovery motions are the most common type of law and motion practice in PI cases. Key considerations:
- IDC requirement: Many courts require an Informal Discovery Conference before filing discovery motions. Check local rules.
- Separate statement: Required for motions to compel further responses (CRC 3.1345).
- Sanctions: Always request sanctions in discovery motions. The prevailing party is generally entitled to monetary sanctions.
- Meet-and-confer: Required for most discovery motions. File a detailed meet-and-confer declaration.
See Discovery for detailed guidance on discovery motion practice.
Motions in Limine
Motions in limine seek to exclude or admit evidence before trial. They are typically filed 15-30 days before trial, depending on the judge's pretrial orders.
Common plaintiff's motions in limine:- [ ] Exclude reference to plaintiff's immigration status
- [ ] Exclude evidence of collateral source payments (Evid. Code 1160-1162)
- [ ] Exclude reference to plaintiff's criminal history (unless directly relevant)
- [ ] Exclude defense expert's testimony (bias, methodology, qualifications)
- [ ] Preclude mention of plaintiff's attorney's fees or contingency arrangement
- [ ] Exclude inflammatory or prejudicial photographs (Evid. Code 352)
- [ ] Preclude defense from arguing "lawsuit lottery" or "jackpot justice"
- [ ] Exclude evidence of prior claims or lawsuits (unless relevant to credibility)
- [ ] Exclude plaintiff's accident reconstruction expert
- [ ] Exclude "day in the life" video
- [ ] Limit plaintiff's damages evidence
- [ ] Exclude evidence of prior similar incidents
- [ ] Exclude punitive damages evidence
Post-Trial Motions
| Motion | Purpose | Deadline | Authority |
|---|---|---|---|
| Motion for new trial | Seek new trial based on trial errors | 15 days after notice of entry of judgment | CCP 659 |
| Motion for JNOV | Judgment notwithstanding the verdict | 15 days after notice of entry of judgment | CCP 629 |
| Motion to tax costs | Challenge opponent's cost bill | 15 days after service of cost memorandum | CRC 3.1700 |
| Motion for attorney's fees | Recover fees when authorized by statute or contract | Varies by statute | CRC 3.1702 |
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Practical Tips for Effective Motion Practice
Calendar Management
Process flow
See the interactive flowchart on this page.
Building a Motion Practice Template Library
Maintain templates for commonly filed motions:
- [ ] Motion to compel initial responses (with sanctions)
- [ ] Motion to compel further responses (with separate statement template)
- [ ] Motion to deem RFAs admitted (with sanctions)
- [ ] Opposition to demurrer (general template)
- [ ] Opposition to summary judgment (with responsive separate statement)
- [ ] Ex parte application to continue trial
- [ ] Motion in limine templates (standard PI set)
- [ ] Proposed order templates for each motion type
Key Takeaway: Effective motion practice requires mastery of both substance and procedure. The best legal arguments fail when they are filed late, formatted incorrectly, or unsupported by admissible evidence. Build systems -- templates, calendar protocols, filing checklists -- that ensure procedural compliance so you can focus your energy on the substance of the argument.
Related Pages
- Discovery -- Discovery motion practice details
- Summary Judgment -- Opposing MSJ procedures
- Demurrer -- Demurrer practice guide
- Depositions -- Deposition-related motions
- Trial Practice -- Motions in limine and trial motions
- Interrogatories -- Motions to compel interrogatory responses
- Requests for Admission -- Motions to deem admitted
Cross-References
Common Questions
What is law and motion practice?
Law and motion refers to the process of filing and arguing legal motions in court. Motions are formal requests asking the judge to make a ruling on a specific legal issue, such as compelling discovery, excluding evidence, or dismissing a claim. Effective motion practice can shape the trajectory of your entire case.
What goes into a motion?
A typical motion includes a notice of motion identifying the relief requested, a memorandum of points and authorities with legal argument, declarations providing factual support, and any exhibits. California Rules of Court set specific formatting requirements including page limits, font sizes, and margin widths.
When are motions heard?
Motions are scheduled on the court's law and motion calendar, typically using a reservation system. The court hears multiple motions on the same day. After reading the written papers, the judge hears brief oral argument from both sides and issues a ruling, sometimes from the bench and sometimes by written order later.
Do I need to be present for motions?
Generally no. Motions are handled entirely by your attorney. You may need to provide a declaration in support of certain motions, such as describing your injuries or the impact of the accident on your life, but you typically do not need to appear in court for law and motion hearings.
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Local Resources
- LA Superior Court · Stanley MoskCivil filings for LA County cases.
- CA Courts Self-HelpFree court information and forms.
- CAALA — Consumer Attorneys of LAFind a qualified plaintiff trial attorney.
- CA State Bar LookupVerify any attorney's license before hiring.
- Cedars-Sinai EmergencyLos Angeles trauma center.
- California Rules of Court 3.1110-3.1116. Formatting requirements for motions and papers.
- California Rules of Court 3.1300. Motion procedures and time requirements.
- California Code of Civil Procedure § 1005. Notice requirements for motions.
- California Code of Civil Procedure § 1010.6. Electronic filing requirements.
- California Rules of Court 3.1308. Tentative rulings and oral argument procedures.
- California Rules of Court 3.1324. Requirements for motions to amend pleadings.