2009 California Rules of Court
Rule 3.1113. Memorandum
(a) Memorandum in support of motion
A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a
supporting memorandum. The court may construe the absence of a memorandum as
an admission that the motion or special demurrer is not meritorious and cause for its
denial and, in the case of a demurrer, as a waiver of all grounds not supported.
(Subd (a) amended effective January 1, 2007; previously amended effective January 1,
2004.)
(b) Contents of memorandum
The memorandum must contain a statement of facts, a concise statement of the law,
evidence and arguments relied on, and a discussion of the statutes, cases, and
textbooks cited in support of the position advanced.
(Subd (b) amended effective January 1, 2004.)
(c) Case citation format
A case citation must include the official report volume and page number and year of
decision. The court must not require any other form of citation.
(Subd (c) amended effective January 1, 2007; previously amended effective July 1,
1984, January 1, 1992, and January 1, 2004.)
(d) Length of memorandum
Except in a summary judgment or summary adjudication motion, no opening or
responding memorandum may exceed 15 pages. In a summary judgment or summary
adjudication motion, no opening or responding memorandum may exceed 20 pages. No
reply or closing memorandum may exceed 10 pages. The page limit does not include
exhibits, declarations, attachments, the table of contents, the table of authorities, or the
proof of service.
(Subd (d) amended effective January 1, 2004; adopted as part of a longer subd (d);
previously amended effective July 1, 1984, and January 1, 1992.)
(e) Application to file longer memorandum
A party may apply to the court ex parte but with written notice of the application to the
other parties, at least 24 hours before the memorandum is due, for permission to file a
longer memorandum. The application must state reasons why the argument cannot be
made within the stated limit.
(Subd (e) amended and relettered effective January 1, 2004; adopted as part of subd
(d).)
(f) Format of longer memorandum
A memorandum that exceeds 10 pages must include a table of contents and a table of
authorities. A memorandum that exceeds 15 pages must also include an opening
summary of argument.
(Subd (f) amended and lettered effective January 1, 2007; adopted as part of subd (d);
subd (d) previously amended and relettered as subd (e) effective January 1, 2004)
(g) Effect of filing an oversized memorandum
A memorandum that exceeds the page limits of these rules must be filed and
considered in the same manner as a late-filed paper.
(Subd (g) amended and lettered effective January 1, 2007; adopted as part of subd
(d); previously amended and relettered as subd (e) effective January 1, 2004.)
Rule 3.1113. Memorandum
(a) Memorandum in support of motion
A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a
supporting memorandum. The court may construe the absence of a memorandum as
an admission that the motion or special demurrer is not meritorious and cause for its
denial and, in the case of a demurrer, as a waiver of all grounds not supported.
(Subd (a) amended effective January 1, 2007; previously amended effective January 1,
2004.)
(b) Contents of memorandum
The memorandum must contain a statement of facts, a concise statement of the law,
evidence and arguments relied on, and a discussion of the statutes, cases, and
textbooks cited in support of the position advanced.
(Subd (b) amended effective January 1, 2004.)
(c) Case citation format
A case citation must include the official report volume and page number and year of
decision. The court must not require any other form of citation.
(Subd (c) amended effective January 1, 2007; previously amended effective July 1,
1984, January 1, 1992, and January 1, 2004.)
(d) Length of memorandum
Except in a summary judgment or summary adjudication motion, no opening or
responding memorandum may exceed 15 pages. In a summary judgment or summary
adjudication motion, no opening or responding memorandum may exceed 20 pages. No
reply or closing memorandum may exceed 10 pages. The page limit does not include
exhibits, declarations, attachments, the table of contents, the table of authorities, or the
proof of service.
(Subd (d) amended effective January 1, 2004; adopted as part of a longer subd (d);
previously amended effective July 1, 1984, and January 1, 1992.)
(e) Application to file longer memorandum
A party may apply to the court ex parte but with written notice of the application to the
other parties, at least 24 hours before the memorandum is due, for permission to file a
longer memorandum. The application must state reasons why the argument cannot be
made within the stated limit.
(Subd (e) amended and relettered effective January 1, 2004; adopted as part of subd
(d).)
(f) Format of longer memorandum
A memorandum that exceeds 10 pages must include a table of contents and a table of
authorities. A memorandum that exceeds 15 pages must also include an opening
summary of argument.
(Subd (f) amended and lettered effective January 1, 2007; adopted as part of subd (d);
subd (d) previously amended and relettered as subd (e) effective January 1, 2004)
(g) Effect of filing an oversized memorandum
A memorandum that exceeds the page limits of these rules must be filed and
considered in the same manner as a late-filed paper.
(Subd (g) amended and lettered effective January 1, 2007; adopted as part of subd
(d); previously amended and relettered as subd (e) effective January 1, 2004.)
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