Motion Practice: Drafting the Motion Papers (CA)

by Practical Law Litigation

A Practice Note outlining the key issues to consider when drafting a motion and its supporting documents for use in unlimited civil actions in California superior court. This Note provides guidance on preparing the main components of a motion package, including the notice of motion, the memorandum of points and authorities, and declarations with attached exhibits. It also examines the procedural and formatting requirements for submitting requests for judicial notice, proposed orders, and proofs of service in compliance with the California Rules of Court. Furthermore, this Note addresses the strategic considerations for responding to motions, covering the preparation of oppositions, notices of non-opposition, and replies. It also explains the process for filing a cross-motion to seek affirmative relief from the court.