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2014 California Rules of Court

Rule 3.1354. Written objections to evidence

(a) Time for filing and service of objections

Unless otherwise excused by the court on a showing of good cause, all written objections to evidence in support of or in opposition to a motion for summary judgment or summary adjudication must be served and filed at the same time as the objecting party's opposition or reply papers are served and filed.

(Subd (a) amended and relettered effective January 1, 2007; adopted as untitled subd; previously amended and lettered subd (b) effective January 1, 2007.)

(b) Format of objections

All written objections to evidence must be served and filed separately from the other papers in support of or in opposition to the motion. Objections on specific evidence may be referenced by the objection number in the right column of a separate statement in opposition or reply to a motion, but the objections must not be restated or reargued in the separate statement. Each written objection must be numbered consecutively and must:

(1)Identify the name of the document in which the specific material objected to is located;

(2)State the exhibit, title, page, and line number of the material objected to;

(3)Quote or set forth the objectionable statement or material; and

(4)State the grounds for each objection to that statement or material.

Written objections to evidence must follow one of the following two formats:

(First Format):

Objections to Jackson Declaration

Objection Number 1

"Johnson told me that no widgets were ever received." (Jackson declaration, page 3, lines 7-8.)

Grounds for Objection 1: Hearsay (Evid. Code, § 1200); lack of personal knowledge (Evid. Code, § 702(a)).

Objection Number 2

"A lot of people find widgets to be very useful." (Jackson declaration, page 17, line 5.)

Grounds for Objection 2: Irrelevant (Evid. Code, §§ 210, 350-351).

(Second Format):

Objections to Jackson Declaration

Material Objected to: Grounds for Objection:
1. Jackson declaration, page 3, lines 7-8: "Johnson told me that no widgets were ever received." 2. Hearsay (Evid. Code, §1200); lack of personal knowledge (Evid. Code, § 702(a)).
1. Jackson declaration, page 17, line 5: "A lot of people find widgets to be very useful." 2. Irrelevant (Evid. Code, §§ 210, 350-351).

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

(c) Proposed order

A party submitting written objections to evidence must submit with the objections a proposed order. The proposed order must include places for the court to indicate whether it has sustained or overruled each objection. It must also include a place for the signature of the judge. The proposed order must be in one of the following two formats:

(First Format):

Objections to Jackson Declaration

Objection Number 1

"Johnson told me that no widgets were ever received." (Jackson declaration, page 3, lines 7-8.)

Grounds for Objection 1: Hearsay (Evid. Code, § 1200); lack of personal knowledge (Evid. Code, § 702(a)).

Court's Ruling on Objection 1: Sustained: _________ Overruled:_________

Objection Number 2

"A lot of people find widgets to be very useful." (Jackson declaration, page 17, line 5.)

Grounds for Objection 2: Irrelevant (Evid. Code, §§ 210, 350-351).

Court's Ruling on Objection 2: Sustained: _________ Overruled:_________

(Second Format):

Objections to Jackson Declaration

Material Objected to: Grounds for Objection: Ruling on the Objection
1. Jackson declaration, page 3, lines 7-8: "Johnson told me that no widgets were ever received." Hearsay (Evid. Code, § 1200); lack of personal knowledge (Evid. Code, § 702(a)). Sustained: _________ Overruled:_________
2. Jackson declaration, page 17, line 5: "A lot of people find widgets to be very useful." Irrelevant (Evid. Code, §§210, 350-351). Sustained: _________ Overruled:_________
Date: ______________________ _______________________________ Judge

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

Rule 3.1354 amended effective January 1, 2007; adopted as rule 345 effective January 1, 1984; previously amended effective January 1, 2002; previously amended and renumbered effective January 1, 2007.

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