Law & Motion

for Self Help Centers

Monica Mitchell
Superior Court, County of San Bernardino -- Supervising Attorney, Self Help Services
Jodi Prior
Superior Court, County of Ventura -- Senior Court Attorney, Self-Help Legal Access Center
Larry Meyer
Law Library for San Bernardino County -- Director

Todays Entertainment . . .

Part 1: Understanding law & motion

Part 2: Using your new law & motion skills in your self help
center

Objectives

Understand principles
of law & motion
Know where to look
for information needed
Obtain tools &
adaptable content to
assist self represented
litigants

Newtons 1st Law of Motion

Definition 1: First law

of motion

Unless acted upon by

a net external force, a
body, at rest, will
remain at rest and a
body, in motion, will
remain in motion.

What is law & motion?

law and motion calendar n. a court calendar in

which only motions and special legal arguments are
heard [legal.dictionary.thefreedictionary.com]
law and motion calendar

A description of the kinds of legal matters a particular

judge or courtroom will hear that day, week, or any other
block of time. The law and motion calendar consists of
pretrial motions (such as a motion to compel the other
side in a civil case to answer discovery requests) or other
legal requests [Nolo.com]

Motions by the Rules

California Rules of Court

Rules beginning with Rule 3. about motions

Rules beginning with Rule 2. about format

Code of Civil Procedure

General info:
1005
Check statutes for specific motions

Motion Defined, CRC 3.1112

#1 Notice of Hearing
#2 Motion
#3 Memorandum of Points & Authorities
#4 Order lodged (check county) served with
moving papers but not attached to them (CRC
3.1113(n).

#1 Notice of Hearing

Required Items in Notice

California Rules of Court, CRC 3.1110

1st paragraph of notice must state the nature of the

order being sought and the grounds for issuance
of the order
1st page must state

date/time/location
Title of all attached documents (other than exhibits)
Date of filing of action
Trial date, if set

How Much Notice is Needed?

Written notice for motions CCP 1005

Moving papers served & filed at least 16 court

days before the hearing
If motion served by mail, then 16 court days
extended -- by 5 calendar days if mailed to place
in CA; 10 calendar days if out of state; or 20
calendar days if out of the US
If motion served by fax, express mail or overnight
delivery, add 2 calendar days to 16 court days

Quick Tip: Special Timing

UD motions

Motion to Quash Service or Stay or Dismiss

Action defendants motion is heard not less than
3 days but no more than 7 days after filing the
notice

Quick Tip: Special Timing

Summary Judgments,
CCP 437c

Cant file motion until

60 days after other
party has made general
appearance
Served 75 days prior to
hearing (add extra time
for mailing or
fax/overnight)
Must be heard no later
than 30 days prior to
trial

Quick Tip: Special Timing

Discovery Motions

Motions concerning discovery issues must be

heard prior to 15th day case is initially set for trial
(CCP 2024.020)
Motions regarding expert witnesses must be
heard on or before the 10th day before the initial
trial date (CCP 2024.030)
Can file motion to extend the cut-off (CCP
2024.050)

What About Ex Partes?

Must notify all parties no later than 10am the

court day before the ex parte appearance,
absent a showing of exceptional
circumstances to justify a shorter time for
notice. (CRC 3.1203)
UD ex partes can be shorter, but must be
reasonable amount of notice. (CRC
3.1203(b))

Ex Parte or . . . OST

When the court will not rule on the merits of

the motion on an ex parte basis
Court may, by application or on own motion,
set a shorter time for filing and service of
papers beyond the regular time
Ex Parte Application for Order Shortening
Time for Service of Notice of Motion

#2

Motion

Required Elements of Motion

Must identify the party (parties) bringing the

motion
Identify party to whom motion is addressed
Briefly state the basis for the motion and
relief sought
If a pleading at issue, state which one (i.e.,
Demurrer to 2nd Amended Complaint)
CRC 3.1112

#3

Memorandum of Points &

Authorities

Points & Authorities

The court may construe the absence of Ps&As

as an admission that the motion is not
meritorious and cause for its denial. (CRC
3.113)
Required elements within 15 page limit:

Statement of facts
Concise statement of law
Evidence & arguments relied on
Discussion of law cited

Generic
Points &
Authorities

Opposing Ps & As

Getting a Hearing Date

Reserving dates
Finalizing
Service

Responding to the motion

Timing

Opposition 9 court
days; Reply 5 court
days
CCP 1005(b)

Short service deadline,

watch service delivery.
CCP 1005(c)
reasonably calculated for
delivery close of business day
after due date

What else do you need to know?

Testimony at Hearings

Evidence restricted to declaration or Request

for Judicial Notice, unless court orders
otherwise for good cause. (CRC 3.1306(a).
A person seeking to present oral evidence at
the hearing must file no later than 3 court
days prior to the hearing a written statement
setting forth nature and extent of proposed
oral evidence. (CRC 3.1306(b))

Formatting Rules

Specific items in California Rules of Court (see

handout)
Check your county for acceptability are your
clerks looking for perfect?

Looking at specific motions . . .

Unlawful Detainer Set Aside Motion

Venturas form
Results in Ventura
Results in other
counties?

Motions to Assist with Collection

Motion for Payment of

Judgment by
Installments
Motion in Limine to
Exclude Evidence
Notice of Motion and
Motion for Assignment
Order

A Tale of Two Motions

Guardianship Motions for Visitation

Probate Code 1602 provides for former guardian

visitation; use Petition for Termination of Guardianship
Judicial Council Form
See CRC 7.1008 when visitation not ordered at
termination
Parental Visits --No Probate Code or CRC available for
guidance

Ventura & San Bernardinos solutions

Discovery Motions

Family Law -- Visitation

Petition for Family

Visitation
Petition for
Grandparent Visitation

How can you use this information at

your self help center?

Ways to Use this Info . . .

Take advantage of our efforts

Instruct litigants about what to look for at the
law library
Craft your own motions
Create new handouts

Do It Yourself Ideas

How to make a generic

form
Document principles
Does it need to be a
local form

Submission protocol of
your county
Advance planning
might need to submit 4
to 6 months before next
rules cycle

Secrets of the Law Librarians

Law Library Basics . . .

Each County has a county Law Library

Various size and quality of resources
Located in or near Courthouses

Resources at the law library

Most include self-help material to more

advanced treatises (many SRLs do master
advance material)
Staff trained to assist in finding material, not
provide legal advice. Research guides
May help alleviate some of the pressure on
your resources

Any Questions?