California Courts: Rules: Title Two: Rule 313. Memorandum of points and authorities

Previous PageTop Of PageTable Of ContentsNext Page

2001 California Rules of Court

Rule 313. Memorandum of points and authorities

(a) [Notice of motion and demurrer-memorandum of points and authorities] A party filing a demurrer or a notice of motion, except for a new trial, shall serve and file therewith a memorandum of points and authorities to be relied upon. The absence of the memorandum may be construed by the court 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) adopted effective January 1, 1984.)

(b) [Contents of memorandum] A memorandum of points and authorities shall 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) adopted effective January 1, 1984.)

(c) [Case citation format] A case citation shall include the official report volume and page number and year of decision. No other citations shall be required.

(Subd (c) amended effective January 1, 1992; previously amended effective July 1, 1984.)

(d) [Length of memorandum; requirements for lengthy memorandum] Except in a summary judgment or summary adjudication motion, no opening or responding memorandum of points and authorities shall exceed 15 pages. In a summary judgment or summary adjudication motion, no opening or responding memorandum of points and authorities shall exceed 20 pages. No reply or closing memorandum of points and authorities shall exceed 10 pages. The page limit shall not take into account exhibits, declarations, attachments, a table of contents, a table of authorities, or the proof of service. 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 shall state reasons why the argument cannot be made within the stated limit. A memorandum of points and authorities that exceeds 10 pages shall include a table of contents and table of authorities. A memorandum of points and authorities that exceeds 15 pages shall also include an opening summary of argument. A memorandum that exceeds the page limits of these rules shall be filed and considered in the same manner as a late-filed paper.

(Subd (d) amended effective January 1, 1992; previously amended effective July 1, 1984.)

(e) [Pagination of memorandum] Notwithstanding any other rule, the pagination of a memorandum of points and authorities that includes a table of contents and a table of authorities shall be governed by this rule. In the case of such a memorandum, the caption page or pages shall not be numbered; the pages of the tables shall be numbered consecutively using lower case Roman numerals starting on the first page of the tables; and the pages of the text shall be numbered consecutively using Arabic numerals starting on the first page of the text.

(Subd (e) adopted effective July 1, 2000.)

(f) [Use of California Style Manual] The style used in a memorandum of points and authorities shall be that set forth in the California Style Manual, or that set forth in the most recent edition of the Uniform System of Citation, at the option of the party filing the document. The same style shall be used consistently throughout the memorandum. If any authority other than California cases, statutes, constitutional provisions or state or local rules is cited, a copy shall be attached to the papers in which the authorities are cited and tabbed as exhibits as required by rule 311(e). If a California case is cited before the time it is published in the Advance Sheets of the Official Reports, a copy of that case shall also be attached and be tabbed as required by rule 311(e).

(Subd (f) relettered effective July 1, 2000; previously amended effective July 1, 1997; adopted effective January 1, 1992, as subd (e).)

(g) [Attachments] To the extent practicable, all supporting memoranda of points and authorities, declarations, and affidavits shall be attached to the notice of motion.

(Subd (g) relettered effective July 1, 2000; adopted effective July 1, 1997, as subd (f).)

(h) [Exhibit references] All references to exhibits or declarations in supporting or opposing papers shall reference the number or letter of the exhibit, the specific page, and, if applicable, the paragraph or line number.

(Subd (h) relettered effective July 1, 2000; adopted effective July 1, 1997, as subd (g).)

(i) [Requests for judicial notice] Any request for judicial notice shall be made in a separate document listing the specific items for which notice is requested and shall comply with rule 323(b).

(Subd (i) relettered effective July 1, 2000; adopted effective July 1, 1997, as subd (h).)

(j) [Proposed orders or judgments] If a proposed order or judgment is submitted, it shall be lodged and served with the moving papers but shall not be attached to them.

(Subd (j) relettered effective July 1, 2000; adopted effective July 1, 1997, as subd (i).)

Rule 313 amended effective July 1, 2000; previously amended effective July 1, 1984, January 1, 1992, and July 1, 1997.

Drafter's Notes
1983-Subdivision (a) is based on former rules 203(a) and 503(a) with additions from former rules 202(a) and 502(a).

1992-To achieve greater statewide uniformity in practice, the council adopted amendments and additions to law and motion rules. The council amended rule 313(d) to correct an erroneous reference to a 15-page limit for a memorandum of points and authorities; added rule 316 to state what portions of a deposition should be filed when deposition testimony is attached as an exhibit and to require highlighting of the applicable testimony and that deposition page numbers appear at the bottom of the page; added new subdivision (c) to rule 317 to provide that the court indicate in the minutes or order if it did not consider a paper filed after the deadline; added new subdivision (d) to rule 317 to specify the time the clerk's office closes as the last time in a day a paper may be filed or a request made and still be considered timely; amended rule 321(c) and (d) to clarify how a party gives notice of nonappearance at a hearing and the effect of this notice; and added rule 324.5 to require each court that does not regularly provide reporting of law and motion proceedings to give notice of this fact and of the procedure for obtaining reporting of a particular hearing.

July 2000-See note following rule 201.

Top Of Page