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2023 California Rules of Court

Rule 8.808. Motions

(a) Motion and opposition

(1)  Except as these rules provide otherwise, to make a motion in the appellate division a party must serve and file a written motion, stating the grounds and the relief requested and identifying any documents on which it is based.

(2)  A motion must be accompanied by a memorandum and, if it is based on matters outside the record, by declarations or other supporting evidence.

(3)  Any opposition to the motion must be served and filed within 15 days after the motion is filed.

(b) Disposition

(1)  The court may rule on a motion at any time after an opposition or other response is filed or the time to oppose has expired.

(2)  On a party's request or its own motion, the appellate division may place a motion on calendar for a hearing. The clerk must promptly send each party a notice of the date and time of the hearing.

Rule 8.808 adopted effective January 1, 2009.

Advisory Committee Comment

Subdivision (a)(1). See rule 1.21 for the meaning of "serve and file," including the requirements for proof of service.

Subdivision (b). Although a party may request a hearing on a motion, a hearing will be held only if the court determines that one is needed.

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