They are very complex and follow different rules and deadlines. Warning! Do not use this guide for Demurrers or Summary Judgment/Adjudication motions. Search or click on your topic of interest, then scroll down to “Research Guides.” Motion to Vacate or Set Aside (Relief from Default Judgment)įor more, visit our “Search by Topic” page.This guide should be useful for most types of civil motions, but the Law Library has prepared guides for many specific situations. In some courtrooms, there is an audio recording which can be transcribed later, but not in Departments 53 or 54. If oral argument is held, the court order may be issued at the end of the hearing or may be mailed out some time later.Ĭourt Reporter: In Sacramento, there are no court reporters in most civil cases unless a party arranges and pays for the service ahead of time. If no oral argument is held, the Tentative Ruling becomes the official court order. Sacramento Local Rule (Local Rule) 1.06.Ĭourt Order: The final decision of the court. If no call is made, the Tentative Ruling becomes the order of the court. The oral argument is canceled unless one of the parties calls the court to confirm between 2 p.m. Each party must read it and decide whether to appear for oral argument. on the court day before the hearing, the judge posts a preliminary decision (“tentative ruling”) on the Sacramento Court’s website. In most departments, the judge makes a tentative ruling on the court day before the hearing, and the oral argument is cancelled unless one of the parties calls the court to confirm that they want to appear and argue their case. Oral Argument: On the hearing date, the parties go to court to make their arguments and answer questions from the judge. Service must be by personal service or overnight mail on the day you file. Deadline to file: five court (business) days before hearing. Reply: optional paper to respond to the Opposition. Deadline to file: nine court (business) days before hearing. Opposition: papers filed by the opposing party to object to a motion. Minimum advance notice: 16+5: sixteen court (business) days before hearing plus five calendar days for mail service on other party. Motions: papers filed to ask the judge to make a court order in an existing case, to explain why the moving party is legally entitled to the order, and to set up a hearing date for oral argument and the decision. These are usually filed at the same time as the Motion but as separate documents. For examples, see our Request for Judicial Notice form and our Relief from Default Judgment guide.
Occasionally a Motion, Opposition, or Reply will require additional sections, such as a Request for Judicial Notice, a Separate Statement of Undisputed Facts, or a copy of a proposed pleading. Motions must follow a very specific format. There are no pre-printed Judicial Council forms for most civil motions, so you must draft them yourself. This guide discusses those requirements and gives examples of how a motion, opposition, or reply could look. The moving party can choose to file a Reply to the opposition. The other side can file an Opposition to the motion explaining why the judge should not grant the order, and must also follow the formats and time requirements. They must use specific formats and follow particular timelines to do so. When a party needs an order from the judge, they can file a motion. If you still have questions after reading this guide, come in to the Law Library to research your questions or talk to a lawyer. This can be complex and requires very specific paperwork. IMPORTANT: This Guide describes the process of making and opposing motions in a case in Sacramento County Superior Court. Writing, Scheduling, and Opposing Motions Writing, Scheduling, and Opposing Motions.