To find timing requirements for specific types of motions, consult the SmartRules Guide for the specific motion type desired, or the relevant statutes, rules and case law. If papers are served by personal service, service must be made at least 16 court days before the hearing. Extensions For Traditional Mail Service If service is made by mail, service must be made at least 16 courts days before the hearing, plus:.
Court dates can be made and managed through the court's eCourt Public Portal. More information about reserving hearing dates can be found on the court's Law and Motion page. To find information regarding specific types of motions, consult the relevant statutes, rules and case law.
The court will accept reservation requests for new, non-ex parte motions, except in unlawful detainer cases. Alameda LR 1. On any pleading or paper subsequent to the initial complaint or cross-complaint, it is sufficient in the title of the case to state the name of the first party on each side, with appropriate indication of other parties, and state that a cross-action or cross-actions are involved, if applicable. CRC 2.
The first page of the motion or demurrer must specify, immediately below the number of the case, the date, time and location of the hearing and the name of the hearing judge, the title of any attached document other than an exhibit, the date the action was filed and the trial date. CRC 3. Every motion must include a written notice of motion that sets forth when and where the motion will be presented, the grounds on which the motion will be made and the papers on which the motion is to be based.
A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order. Motion papers must include "the motion itself. A motion must identify the moving party and the party to whom it is addressed, briefly state the basis for the motion, the relief sought, and the specific portion of the pleading, if any, that is challenged.
