What is rule 3.1306 of the California Rules of court?
Asked by: Ken Mills DDS | Last update: December 19, 2025Score: 4.1/5 (26 votes)
Evidence at hearing. (a) Restrictions on oral testimony. Evidence received at a law and motion hearing must be by declaration or request for judicial notice without testimony or cross-examination, unless the court orders otherwise for good cause shown.
What is California Rules of court Rule 3.1206 R?
Service of papers. Parties appearing at the ex parte hearing must serve the ex parte application or any written opposition on all other appearing parties at the first reasonable opportunity. Absent exceptional circumstances, no hearing may be conducted unless such service has been made.
What does California Rule of court 3.1200 refer to?
Application. The rules in this chapter govern ex parte applications and orders in civil cases, unless otherwise provided by a statute or a rule. These rules may be referred to as "the ex parte rules."
What is the rule 3.1332 C in California Rules of court?
Rule 3.1332(c) of the California Rules of Court (CRC) allows the court to grant a continuance before or during trial on an affirmative showing of good cause. Each request for continuance must be considered on its own merits.
What are good reasons to ask for a continuance?
What are valid reasons for requesting a continuance? Valid reasons include personal emergencies, unavailability of essential evidence, and lack of legal representation.
California Rules Of Court
How many times can a defendant ask for a continuance?
If the defense is asking for continuances, he would be expected to provide the judge with a good reason for it Without a good reason, the judge won't grant it. With a valid reason, one side or the other can almost always get a continuance. There's no set amount of continuances that can be obtained.
What is Rule 3.1322 of the California Rules of court?
Motions to strike. A notice of motion to strike a portion of a pleading must quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count, or defense. Specifications in a notice must be numbered consecutively.
What is Rule 3.1320 of the California Rules of court?
Demurrers. Each ground of demurrer must be in a separate paragraph and must state whether it applies to the entire complaint, cross-complaint, or answer, or to specified causes of action or defenses.
What is California Rule of court 3.1300 D?
(d) Filing of late papers
No paper may be rejected for filing on the ground that it was untimely submitted for filing. If the court, in its discretion, refuses to consider a late filed paper, the minutes or order must so indicate.
What is the rule 3.110 in California?
Rules of Court, rule 3.110(g)). If a responsive pleading is not served within the tie to respond and no extension of time has been granted, the plaintiff should file a Request for Entry of Default within 10 calendar days after the time to respond has elapsed.
What is California Rules of court Rule 3.1342 E?
Motion to dismiss for delay in prosecution. A party seeking dismissal of a case under Code of Civil Procedure sections 583.410-583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion.
What is the rule of court rule 3.1150 in California?
Preliminary injunctions and bonds. A party requesting a preliminary injunction may give notice of the request to the opposing or responding party either by serving a noticed motion under Code of Civil Procedure section 1005 or by obtaining and serving an order to show cause (OSC).
What is California rule of court 3.1304 C?
(c) Notice of nonappearance
A party may give notice that he or she will not appear at a law and motion hearing and submit the matter without an appearance unless the court orders otherwise.
What is Cal Rules of court rule 3.1590 D?
(d) Request for statement of decision
Within 10 days after announcement or service of the tentative decision, whichever is later, any party that appeared at trial may request a statement of decision to address the principal controverted issues. The principal controverted issues must be specified in the request.
What is the rule 8.883 of the California Rules of court?
Per Rule 8.883, the opening brief must concisely describe the law and facts relied on by the appellant in claiming that the trial court erred in making the judgment or order being appealed from.
What is Rule 3.522 in Cal Rules of court?
(Cal. Rules of Court, rule 3.522(a).) Serve each party in each included action. The petitioner must serve the notice of submission of petition for coordination that was filed in each included action, the petition for coordination, and all supporting documents on each party appearing in each included action.
What is the rule 3.221 in California Rules of court?
In all general civil cases, the plaintiff must serve a copy of the ADR information package on each defendant together with the complaint. Cross-complainants must serve a copy of the ADR information package on any new parties to the action together with the cross-complaint.
What is rule 3.735 A of the California Rules of court?
Management of short cause cases. A short cause case is a civil case in which the time estimated for trial by all parties or the court is five hours or less. All other civil cases are long cause cases.
What is the rule 3.1020 in California Rules of court?
According to the California Rules of Court, Rule 3.1020 (formerly Rule 335), “[a]ny motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement.
What is the rule 3.1332 in California Rules of court?
A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations.
What is the rule 3400 of the California Rules of court?
Definition. A "complex case" is an action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel.
What constitutes a good cause for continuance in California?
(2) For purposes of this section, "good cause" includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section ...
Why do prosecutors drag out cases?
Delaying the trial can serve many purposes. If the delay is based on proper reasons, it may allow the defense and the government to adequately prepare for the trial. For example, both sides can have ample time to gather and review evidence in the case.
Can a continuance be denied?
Judges generally do not grant continuances freely unless proceeding to trial would violate the defendant's rights. They have discretion to deny a continuance unless the law in their state requires a continuance to be granted in a certain situation.
What is California Rule of court 3.1300 B?
Rule of Court 3.1300(b) provides that on an application for an order shortening time, supported by a declaration showing good cause, the Court may shorten the time for filing and service of papers.