Rule 3.1112 identifies the notice, motion, and supporting memorandum as core motion papers. Additional declarations, exhibits, statements, or orders depend on the request. The notice should state the actual relief, and the memorandum should connect law to the supported facts. A packet titled motion does not become adequate merely because it contains a long accident narrative.
Documents and facts to assemble
- The notice stating the requested order and grounds
- The legal memorandum and motion-specific supporting materials
How this fits an injury lawsuit
A motion hearing is governed by the particular statute, the California Rules of Court, and the court’s scheduling instructions. Ordinary noticed motions commonly use CCP 1005, but summary judgment has its own schedule under CCP 437c. A reserved hearing date does not extend a deadline to bring the motion. Supporting declarations should explain the facts and authenticate exhibits where needed. Filing, service, courtesy-copy delivery, and any request for oral argument are separate tasks. The documents should state the precise relief sought and give the court a usable record for deciding it.
Practical checklist
- Confirm the governing motion statute before using a notice-period calculator.
- Check reservation, filing, service, courtesy-copy, tentative-ruling, and appearance instructions.
- Prepare the notice, motion, memorandum, necessary declarations and exhibits, and proposed order when required.
Deadline and local-rule check
Identify the event that starts the deadline, whether the rule uses calendar days or court days, the legally effective service method, and any written extension or court order. Read the applicable statute before adding time for service. Check the county’s current civil rules and the assigned department’s instructions for filing, delivery, reservation, and appearance requirements. A filing receipt or hearing reservation alone does not show that every required step has been completed.
Official forms and authorities
- CCP 1005: ordinary motion notice
- Rule 3.1112: motion papers
- Rule 3.1308: tentative rulings
- California civil rules index
This guide concerns auto accidents and similar personal injury actions in California state court. It does not supply a case-specific deadline calculation or a federal court procedure.
