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2014 California Rules of Court

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.

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