Failure to support the contentions of your opposition with a good argument and citations to authority may result in the unsupported contentions being considered waived by the court.Īn experienced civil litigation attorney can review the motion and determine what grounds exist for filing an opposition as well as drafting a powerful opposition to the motion including a memorandum of points and authorities including a strong argument and citations to case law and statutory authority. The opposition to a motion in California should contain a memorandum of points and authorities citing the reasons that the motion should not be granted, along with citations to the case law and statutory authority that supports the opposition, a declaration or declarations should also be included whenever appropriate. What should be included in an opposition to a motion in California. And if the court grants a continuance, the court may require you to pay fees for the appearance incurred by other parties. However as continuances are not favored you will have to show a valid reason for the failure to file or late filing of the opposition. However if you can show good cause the judge may exercise their discretion and consider a request for a continuance to allow the filing of a written opposition.
SAMPLE MOTION FOR RECONSIDERATION CALIFORNIA CODE
The time limit does not apply to an opposition to a motion for summary judgment which must be filed and served at least fourteen (14) calendar days before the hearing, nor does it apply when a specific code section specifies a different time requirement, or where a judge has ordered otherwise.Īnother reason why it is so important to file an opposition to a motion in California is the fact that if you do not file an opposition, the judge may refuse to permit oral argument against the motion. Many judges will strictly enforce the requirement that the opposition be served on time, and in the correct manner. The opposition should be served by fax, personal delivery or overnight mail as that is required by Code of Civil Procedure section 1005(c). The opposition to a motion in California must be filed and served at least nine (9) Court days before the hearing unless the Judge has ordered otherwise. Deadline for filing an opposition to a motion in California. Filing an opposition to a motion in California is the topic of this blog post.įiling a timely opposition to a motion in California is critical as in most cases if you do not file an opposition to a motion that may be construed by the Court as an admission that the motion has merit and should be granted.