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2014 California Rules of Court

Rule 8.933. Opposition

(a) Preliminary opposition

(1)Within 10 days after the petition is filed, the respondent or any real party in interest, separately or jointly, may serve and file a preliminary opposition.

(2)An opposition must contain a memorandum and a statement of any material fact not included in the petition.

(3)Within 10 days after an opposition is filed, the petitioner may serve and file a reply.

(4)Without requesting opposition or waiting for a reply, the court may grant or deny a request for temporary stay, deny the petition, issue an alternative writ or order to show cause, or notify the parties that it is considering issuing a peremptory writ in the first instance.

(b) Return or opposition; reply

(1)If the court issues an alternative writ or order to show cause, the respondent or any real party in interest, separately or jointly, may serve and file a return by demurrer, verified answer, or both. If the court notifies the parties that it is considering issuing a peremptory writ in the first instance, the respondent or any real party in interest may serve and file an opposition.

(2)Unless the court orders otherwise, the return or opposition must be served and filed within 30 days after the court issues the alternative writ or order to show cause or notifies the parties that it is considering issuing a peremptory writ in the first instance.

(3)Unless the court orders otherwise, the petitioner may serve and file a reply within 15 days after the return or opposition is filed.

(4)If the return is by demurrer alone and the demurrer is not sustained, the court may issue the peremptory writ without granting leave to answer.

(c) Form of preliminary opposition, return, or opposition

Any preliminary opposition, return, or opposition must comply with rule 8.931(c). If it is filed by an attorney, it must also comply with rule 8.932(b)(3)-(7).

(Subd (c) adopted effective January 1, 2014.)

Rule 8.933 amended effective January 1, 2014; adopted effective January 1, 2009.

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