INDEX

MOTIONS AND ORDERS

NOTE: For discussion and forms of specific motions, consult the index heading relating to the specific procedure to which the motion relates: e.g., AMENDMENT OF PLEADINGS, CHILD SUPPORT, DISCOVERY, NEW TRIAL, NONSUIT, TRIAL SETTING, etc.
Affidavits (See subhead: Declarations and affidavits in support of motion)
Appearance at hearings via telephone MOTIONS 372.21[16], 372.63
Applicability of civil law and motion rules MOTIONS 372.11
Continuances (See CONTINUANCES)
Declarations and affidavits in support of motion
Generally MOTIONS 372.21[5][b], 372.60[4][b]
Contents AFFI, CERT, & DECL 15.21
Contribution action, form of declaration supporting motion to determine liability of nontort judgment debtor in INDEM 204
Ex parte motions, declaration of notice for MOTIONS 372.19[5][b]
General form of declaration supporting motion MOTIONS 372.61
Hearing, evidence at MOTIONS 372.61[5]
Judicial council form for supporting declaration executed within or outside state AFFI, CERT, & DECL 15.62
New trial motions (See NEW TRIAL)
Nonprofit corporation, form of declaration in support of notice of motion for indemnification of agent for NONPROF CORP 79
Review, form of declaration supporting motion to obtain further return to writ of REVIEW 83
Summary judgments (See SUMMARY JUDGMENTS)
Surety's action against principal, form of declaration supporting motion for proceedings for order in SURETY 62
Defective notice, waiver of SERVICE 518.37
Defined MOTIONS 372.12, 372.13, JUDGM 14
Delinquency proceedings (See DELINQUENCY PROCEEDINGS)
Demurrer (See DEMURRER)
Ex parte motions
Contents of applications MOTIONS 372.19[2]
Decision on motion
Notice of decision or order MOTIONS 372.19[7]
Persons granting MOTIONS 372.19[1]
Service of motion and order MOTIONS 372.19[8], [9]
Signature and filing of order when motion granted MOTIONS 372.19[6]
Format of applications MOTIONS 372.19[2]
Forms
Interrogatories, application for order shortening time for service and response to DISCOVERY 194.80
Motion or application for order, skeletal form of MOTIONS 372.68
Newspaper status, ex parte application for order directing publication of petition and notice regarding adjudication of NEWSP 40
Order granting motion, form of MOTIONS 372.69, 372.70
Order granting motion, short form of MOTIONS 372.69
General discussion of when permitted MOTIONS 372.20
Notice requirements
Generally MOTIONS 372.19[5], 372.68[4]
Decision or order of court MOTIONS 372.19[7]
Declaration of notice MOTIONS 372.19[5][b]
Publication of petition and notice regarding adjudication of newspaper status, form of ex parte application for order directing NEWSP 40
Service of application or opposition MOTIONS 372.19[5][c]
Presentation and consideration of application MOTIONS 372.19[4]
Procedural checklists
Moving party MOTIONS 372.52
Opposing party MOTIONS 372.51
Show cause orders (See subhead: Show cause orders)
Showing required MOTIONS 372.19[3]
Supporting papers
Generally MOTIONS 372.68[5]
Points and authorities (See POINTS AND AUTHORITIES)
Temporary restraining order INJ 303.31[3], INJ 303.131
Extension of time (See SHORTENING AND EXTENSION OF TIME)
Federal courts (See FEDERAL COURTS)
Findings (See FINDINGS)
Governing law
Generally MOTIONS 372.10, 372.11
Trial, motions during TRIAL 551.10[5]
Judicial notice, request in motion for (See JUDICIAL NOTICE)
Jurisdiction and venue for motions MOTIONS 372.15
Kinds of motions, generally MOTIONS 372.16
Nature of motions, generally MOTIONS 372.13
New trial motions (See NEW TRIAL)
Noticed motions
Amount of notice required
Generally MOTIONS 372.21[2], [3]
Shortening time (See SHORTENING AND EXTENSION OF TIME)
Appearance at hearings
Failure to appear at hearing MOTIONS 372.21[15], 372.60[8]
Notice of nonappearance MOTIONS 372.21[13], 372.60[8]
Telephone appearance by counsel MOTIONS 372.21[16], 372.63
Entry of order on motion
Generally MOTIONS 372.21[19]
Form of notice of entry of order granting or denying motion MOTIONS 372.66
Evidence
Generally MOTIONS 372.21[17][a], 372.61[17][a]
Judicial notice, request for (See JUDICIAL NOTICE)
Oral evidence, written statement of MOTIONS 372.21[17][b], 372.62
Restrictions on evidence MOTIONS 372.21[17][c]
Supporting documents regarding evidentiary matters MOTIONS 372.21[5][d]
Filing of papers
Motion deemed made on service and filing MOTIONS 372.21[8], 372.60[5]
Place of filing MOTIONS 372.21[6]
Timeliness of filing MOTIONS 372.21[7]
General form of notice of motion MOTIONS 372.60
Opposition to motion MOTIONS 372.21[9]
Oral evidence
Generally MOTIONS 372.21[17][b]
Form of written statement of oral evidence to be produced at hearing MOTIONS 372.62
Procedural checklists
Moving party MOTIONS 372.50
Opposing party MOTIONS 372.53
Reply papers MOTIONS 372.21[10]
Rulings on motions (See subhead: Rulings on motions)
Sanctions, generally MOTIONS 372.25
Schedule of hearings MOTIONS 372.21[12], 372.60[7]
Service of papers
Adverse party or attorney, service on MOTIONS 372.24[1]
Manner of service MOTIONS 372.24[3]
Motion deemed made on service and filing MOTIONS 372.21[8], 372.60[5]
Nonappearing or defaulting party, service on MOTIONS 372.24[2]
Proof of service MOTIONS 372.21[4]
Supporting papers
Generally MOTIONS 372.21[5][a]
Evidentiary matters and local rules, additional documents regarding or required by MOTIONS 372.21[5][d]
Telephone appearance by counsel
Generally MOTIONS 372.21[16]
Form of notice of intent to appear by telephone MOTIONS 372.63
Transfer of matter on inability of judge to hear parties MOTIONS 372.23
Waiver of defective notice MOTIONS 372.21[1]
Oral motions MOTIONS 372.16, TRIAL 551.11
Persons who may make motions MOTIONS 372.14
Points and authorities in support of (See POINTS AND AUTHORITIES)
Procedures for making motions
Generally MOTIONS 372.16
Ex parte motions (See subhead: Ex parte motions)
Filing fees MOTIONS 372.18
Noticed motions (See subhead: Noticed motions)
Show cause orders MOTIONS 372.22
Written motions (See subhead: Written motions requiring hearings)
Proposed orders, submission of POINTS & AUTH 15
Reconsideration motion (See MOTIONS TO RECONSIDER AND RENEWED MOTIONS)
Relief motion or action (See RELIEF FROM JUDGMENTS AND ORDERS)
Revocation of order, ex parte proceedings for (See EX PARTE PROCEEDINGS)
Rulings on motions
Generally MOTIONS 372.21[18]
Court's own motions, notice of ruling on MOTIONS 372.21[23]
Effect of clerk's notification MOTIONS 372.21[21]
Entry of order
Generally MOTIONS 372.21[19]
Form of MOTIONS 372.66
Form of order granting or denying motion with or without findings MOTIONS 372.64, 372.65
Notice of decision
Generally MOTIONS 372.21[22]
Form of MOTIONS 372.67
Telephonic rulings MOTIONS 372.21[11]
Tentative rulings MOTIONS 372.21[14]
Under submission, notification of ruling in matter taken MOTIONS 372.21[20]
Sanctions
Discovery motions and orders MOTIONS 372.25[3]
Frivolous motions, harassment and delaying tactics MOTIONS 372.25[1]
Renewed motions and motions to reconsider MOTION RECONSID 374.13
Violation of order MOTIONS 372.25[2]
Service of papers, shortening time for (See SHORTENING AND EXTENSION OF TIME)
Show cause orders
Generally MOTIONS 372.17
Form of MOTIONS 372.71
Inability of judge to hear parties MOTIONS 372.23
Procedure on MOTIONS 372.22
Standing to make motions MOTIONS 372.14
Supporting papers
Declarations and affidavits (See subhead: Declarations and affidavits in support of motion)
Points and authorities, memorandum of (See POINTS AND AUTHORITIES)
Time, shortening and extension of (See SHORTENING AND EXTENSION OF TIME)
Timing of motions, generally MOTIONS 372.13
Types of motions, generally MOTIONS 372.16
Vacation of judgment
Inconvenient forum, staying or dismissing action on grounds of (See INCONVENIENT FORUM)
In personam jurisdiction, motion to quash service for lack of (See IN PERSONAM JURISDICTION)
Relief motion or action (See RELIEF FROM JUDGMENTS AND ORDERS)
Venue and jurisdiction for motions MOTIONS 372.15
Written motions requiring hearings
Generally MOTIONS 372.16
Form of written motion, application, request or petition for order MOTIONS 372.72
Notice of hearing on written motion, application, request or petition for order, form of MOTIONS 372.73
Procedural checklists
Moving party MOTIONS 372.54
Opposing party MOTIONS 372.55
Supporting papers MOTIONS 372.72[3]
MOTIONS IN LIMINE
Administrative adjudication PUB AGENCY PREHEARING PROC 473C.14[5]
Appeal (See subhead: Review of order)
Application of motion, examples of MOTION IN LIM 373.14
Automobile accidents (See AUTOMOBILE ACCIDENTS)
Definition MOTION IN LIM 373.11
Ex parte application MOTION IN LIM 373.16[1]
Forms
Motion MOTION IN LIM 373.50
Order granting motion, with findings MOTION IN LIM 373.51
Governing law MOTION IN LIM 373.10
Mandate
Compelling hearing on motion MOTION IN LIM 373.16[2]
Review of order granting or denying motion MOTION IN LIM 373.18[1]
Nonsuit motion compared NONSUIT 389.11[6]
Notice requirements MOTION IN LIM 373.16[1]
Offer of proof, motion granted subject to MOTION IN LIM 373.15
Points and authorities, generally (See POINTS AND AUTHORITIES)
Power of court to grant motion MOTION IN LIM 373.13
Procedural checklist MOTION IN LIM 373.40
Prohibition, review of order by writ of MOTION IN LIM 373.18[1]
Public agency adjudication PUB AGENCY PREHEARING PROC 473C.14[5]
Purpose and scope of motion MOTION IN LIM 373.12
Refusal to hear motion, writ of mandate based on MOTION IN LIM 373.16[2]
Review of order
Extraordinary writ, review by MOTION IN LIM 373.18[1]
Post-judgment appeal
Generally MOTION IN LIM 373.18[2][a]
Admission of evidence MOTION IN LIM 373.18[2][b]
Exclusion of evidence MOTION IN LIM 373.18[2][c]
Trial delay reduction programs, effect of MOTION IN LIM 373.16[3]
Violation of order, consequences of MOTION IN LIM 373.17
MOTIONS TO RECONSIDER AND RENEWED MOTIONS
Alternative motions MOTION RECONSID 374.16[2]
Appeals (See APPEALS)
Availability
Demurrer, reconsideration of ruling on MOTION RECONSID 374.17
Motion to reconsider MOTION RECONSID 374.12, 374.14[1]
Renewed motion MOTION RECONSID 374.12, 374.14[2]
Court commissioner sitting as temporary judge, effect of prior order by MOTION RECONSID 374.19[2]
Decision (See subhead: Ruling on motion)
Demurrer (See DEMURRER)
Dissolution and related proceedings (See DISSOLUTION OF MARRIAGE)
Distinction between motions to reconsider and renewed motions MOTION RECONSID 374.11
Forms for motions for reconsideration
Ex parte motion for order revoking or setting aside prior order on renewed motion or motion to reconsider MOTION RECONSID 374.64
Notice of motion for reconsideration of order granting adverse party's prior motion MOTION RECONSID 374.62
Order granting ex parte motion to revoke or set aside prior order on motion to reconsider MOTION RECONSID 374.65
Order granting or denying motion MOTION RECONSID 374.63
Forms for renewed motions
Ex parte motion for order revoking or setting aside prior order on renewed motion or motion to reconsider MOTION RECONSID 374.64
Notice of renewed motion for order after prior motion was denied or granted conditionally or on terms MOTION RECONSID 374.60
Order granting ex parte motion to revoke or set aside prior order on renewed motion MOTION RECONSID 374.65
Order granting or denying motion MOTION RECONSID 374.63
Supporting declaration for renewed motions for order after prior motion was denied or granted conditionally or on terms MOTION RECONSID 374.61
Governing law MOTION RECONSID 374.10
Grounds
Generally MOTION RECONSID 374.16[1]
Alternative motions MOTION RECONSID 374.16[2]
Judge hearing motion MOTION RECONSID 374.19[1]
Jurisdictional limits under CCP 1008 MOTION RECONSID 374.12
Opposition to motion MOTION RECONSID 374.20
Points and authorities (See POINTS AND AUTHORITIES)
Res judicata, applicability of MOTION RECONSID 374.18
Ruling on motion
Generally MOTION RECONSID 374.21
Review of order denying or granting motion to reconsider MOTION RECONSID 374.22
Time to appeal original order following denial of reconsideration APPEAL NOTICE 42.14[3], APPEAL NOTICE 42.50[5][d], MOTION RECONSID 374.23
Sanctions for noncompliance with CCP 1008 MOTION RECONSID 374.13
Summary judgment, motion for SUM JUDGM 537.39
Time limits
Final appealable orders, effect of MOTION RECONSID 374.15[3]
Judgment, orders granting MOTION RECONSID 374.15[4]
Original order, effect of denial of reconsideration on time to appeal APPEAL NOTICE 42.14[3], APPEAL NOTICE 42.50[5][d], MOTION RECONSID 374.23
Reconsider, motion to MOTION RECONSID 374.15[1], 374.62[5]
Renewed motion MOTION RECONSID 374.15[2], 374.60[4]
Writ, effect of motion on review by MOTION RECONSID 374.23
Venue and jurisdiction MOTION RECONSID 374.19
Violations of CCP 1008, effect of MOTION RECONSID 374.13
MOTIONS TO STRIKE (See STRIKING OF PLEADINGS)
MOTORBOATS (See BOATS)