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2014 California Rules of Court

Rule 3.520. Motions filed in the trial court

(a) General requirements

A motion filed in the trial court under this rule must specify the matters required by rule 3.521(a) and must be made in the manner provided by law for motions in civil actions generally.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 1983, and January 1, 2005.)

(b) Permission to submit a petition for coordination

(1)Request for permission to submit coordination petition

If a direct petition is not authorized by Code of Civil Procedure section 404, a party may request permission from the presiding judge of the court in which one of the included actions is pending to submit a petition for coordination to the Chair of the Judicial Council. The request must be made by noticed motion accompanied by a proposed order. The proposed order must state that the moving party has permission to submit a petition for coordination to the Chair of the Judicial Council under rules 3.521-3.523.

(2)Order to be prepared

If permission to submit a petition is granted, the moving party must serve and file the signed order and submit it to the Chair of the Judicial Council.

(3)Stay permitted pending preparation of petition

To provide sufficient time for a party to submit a petition, the presiding judge may stay all related actions pending in that court for a reasonable time not to exceed 30 calendar days.

(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 1983, January 1, 2005, and July 1, 2006.)

Rule 3.520 amended and renumbered effective January 1, 2007; adopted as rule 1520 effective January 1, 1974; previously amended effective January 1, 1983, January 1, 2005, and July 1, 2006.

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