|     printer icon  Printer-friendly version of this page

2017 California Rules of Court

Rule 3.2231. Postjudgment motions

(a) Exemption from statutory provisions

In any actions governed by the rules in this article, any postjudgment motion except for a motion for attorney's fees and costs is governed by this rule. Such motions are exempt from the timing requirements otherwise applicable to postjudgment motions under Code of Civil Procedure section 1005. Motions in Sacramento arena project cases are also exempt from the timing and procedural requirements of Code of Civil Procedure sections 659 and 663.

(b) Time for postjudgment motions

(1)Time for motions under Code of Civil Procedure section 473

Moving party must serve and file any motion before the earlier of:

(A)Five days after the court clerk mails to the moving party a document entitled "Notice of Entry" of judgment or a file-stamped copy of the judgment, showing the date either was served; or

(B)Five days after the moving party is served by any party with a written notice of judgment or a file-stamped copy of the judgment, accompanied by a proof of service.

(2)Time for motions for new trial or motions to vacate judgment

Moving party in Sacramento arena project cases must serve and file motion before the earlier of:

(A)Five days after the court clerk mails to the moving party a document entitled "Notice of Entry" of judgment or a file-stamped copy of the judgment, showing the date either was served; or

(B)Five days after the moving party is served by any party with a written notice of judgment or a file-stamped copy of the judgment, accompanied by a proof of service.

(c) Memorandum

A memorandum in support of a postjudgment motion may be no longer than 15 pages.

(d) Opposition to motion

Any opposition to the motion must be served and filed within five days of service of the moving papers and may be no longer than 15 pages.

(e) Reply

Any reply brief must be served and filed within two court days of service of the opposition papers and may be no longer than 5 pages.

(f) Hearing and decision

The court may set a hearing on the motion at its discretion. The court should issue its decision on the motion within 15 days of the filing of the motion.

Rule 3.2231 adopted effective July 1, 2014.

[ Back to Top ]