Rule 3.1112. Motions-and other pleadings

(a) Motions required papers.

Unless otherwise provided by the rules in this division, the papers filed in support of a motion must consist of at least the following:

(1)  A notice of hearing on the motion;

(2)  The motion itself; and

(3)  A memorandum in support of the motion or demurrer.

(Subd (a) amended effective January 1, 2007.)

(b) Other papers.

Other papers may be filed in support of a motion, including declarations, exhibits, appendices, and other documents or pleadings.

(Subd (b) adopted effective January 1, 2007.)

(c) Form of motion papers.

The papers filed under (a) and (b) may either be filed as separate documents or combined in one or more documents if the party filing a combined pleading specifies these items separately in the caption of the combined pleading.

(Subd (c) amended and lettered effective January 1, 2007 adopted as part of subd (a).)

(d) Motion-required elements.

A motion must:

(1)  Identify the party or parties bringing the motion;

(2)  Name the parties to whom it is addressed;

(3)  Briefly state the basis for the motion and the relief sought; and

(4)  If a pleading is challenged, state the specific portion challenged.

(Subd (d) amended and relettered effective January 1, 2007; adopted as subd (b).)

(e) Additional requirements for motions.

In addition to the requirements of this rule, a motion relating to the subjects specified in chapter 6 of this division must comply with any additional requirements in that chapter.

(Subd (e) amended effective July 1, 2008; previously amended effective January 1, 2007.)

(f) Motion in limine.

Notwithstanding (a), a motion in limine filed before or during trial need not be accompanied by a notice of hearing. The timing and place of the filing and service of the motion are at the discretion of the trial judge.

(Subd (f) adopted effective January 1, 2007.)

Rule 3.1112 amended effective July 1, 2008; adopted as rule 312 effective July 1, 1997; previously amended and renumbered effective January 1, 2007.

Rules that reference this rule: N/A