Rule 3.1114. Applications, motions, and petitions not requiring a memorandum

(a) Memorandum not required.

Civil motions, applications, and petitions filed on Judicial Council forms that do not require a memorandum include the following:

(1)  Application for appointment of guardian ad litem in a civil case;

(2)  Application for an order extending time to serve pleading;

(3)  Motion to be relieved as counsel;

(4)  Motion filed in small claims case;

(5)  Petition for change of name or gender;

(6)  Petition for declaration of emancipation of minor;

(7)  Petition for injunction prohibiting harassment;

(8)  Petition for protective order to prevent elder or dependent adult abuse;

(9)  Petition for order to prevent postsecondary school violence;

(10)  Petition of employer for injunction prohibiting workplace violence;

(11)  Petition for order prohibiting abuse (transitional housing);

(12)  Petition to approve compromise of claim of a minor or a person with a disability; and

(13)  Petition for withdrawal of funds from blocked account.

(Subd (a) amended effective January 1, 2011; previously amended effective January 1, 2007.)

(b) Submission of a memorandum.

Notwithstanding (a), if it would further the interests of justice, a party may submit, or the court may order the submission of, a memorandum in support of any motion, application, or petition. The memorandum must comply with rule 3.1113.

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

Rule 3.1114 amended effective January 1, 2011; adopted as rule 314 effective January 1, 2004; previously amended and renumbered effective January 1, 2007.


Rules that reference this rule: N/A