Rule 7 - Pleadings Allowed; Motions, Memoranda, Hearings, Orders(a) Pleadings. Only these pleadings are allowed: (a)(2) an answer to a complaint;(a)(3) an answer to a counterclaim designated as a counterclaim;(a)(4) an answer to a crossclaim;(a)(5) a third-party complaint;(a)(6) an answer to a third-party complaint; and(a)(7) a reply to an answer if ordered by the court.(b) Motions. A request for an order must be made by motion. The motion must be in writing unless made during a hearing or trial, must state the relief requested, and must state the grounds for the relief requested. Except for the following, a motion must be made in accordance with this rule.(b)(1) A motion, other than a motion described in paragraphs (b)(2), (b)(3) or (b)(4), made in proceedings before a court commissioner must follow Rule 101.(b)(2) A request under Rule 26 for extraordinary discovery must follow Rule 37(a).(b)(3) A request under Rule 37 for a protective order or for an order compelling disclosure or discovery-but not a motion for sanctions-must follow Rule 37(a).(b)(4) A request under Rule 45 to quash a subpoena must follow Rule 37(a).(b)(5) A motion for summary judgment must follow the procedures of this rule as supplemented by the requirements of Rule 56.(c) Name and content of motion.(c)(1) The rules governing captions and other matters of form in pleadings apply to motions and other papers. (c)(2) Caution language. For all dispositive motions, the motion must include the following caution language at the top right corner of the first page, in bold type: This motion requires you to respond. Please see the Notice to Responding Party.(c)(3) Bilingual notice. All motions must include or attach the bilingual Notice to Responding Party approved by the Judicial Council.(c)(4) Failure to include caution language and notice. Failure to include the caution language in paragraph (c)(2) or the bilingual notice in paragraph (c)(3) may be grounds to continue the hearing on the motion, or may provide the non-moving party with a basis under Rule 60(b) for excusable neglect to set aside the order resulting from the motion. Parties may opt out of receiving the notices set forth in paragraphs (c)(2) and (c)(3) while represented by counsel.(c)(5) Title of motion. The moving party must title the motion substantially as: "Motion [short phrase describing the relief requested]." (c)(6) Contents of motion. The motion must include the supporting memorandum. The motion must include under appropriate headings and in the following order: (c)(6)(A) a concise statement of the relief requested and the grounds for the relief requested; and(c)(6)(B) one or more sections that include a concise statement of the relevant facts claimed by the moving party and argument citing authority for the relief requested.(c)(7) If the moving party cites documents, interrogatory answers, deposition testimony, or other discovery materials, relevant portions of those materials must be attached to or submitted with the motion.(d) Name and content of memorandum opposing the motion.(d)(1) A nonmoving party may file a memorandum opposing the motion within 14 days after the motion is filed. The nonmoving party must title the memorandum substantially as: "Memorandum opposing motion [short phrase describing the relief requested]." The memorandum must include under appropriate headings and in the following order: (d)(1)(A) a concise statement of the party's preferred disposition of the motion and the grounds supporting that disposition;(d)(1)(B) one or more sections that include a concise statement of the relevant facts claimed by the nonmoving party and argument citing authority for that disposition; and(d)(1)(C) objections to evidence in the motion, citing authority for the objection.(d)(2) If the non-moving party cites documents, interrogatory answers, deposition testimony, or other discovery materials, relevant portions of those materials must be attached to or submitted with the memorandum.(e) Name and content of reply memorandum.(e)(1) Within 7 days after the memorandum opposing the motion is filed, the moving party may file a reply memorandum, which must be limited to rebuttal of new matters raised in the memorandum opposing the motion. The moving party must title the memorandum substantially as "Reply memorandum supporting motion [short phrase describing the relief requested]." The memorandum must include under appropriate headings and in the following order:(e)(1)(A) a concise statement of the new matter raised in the memorandum opposing the motion;(e)(1)(B) one or more sections that include a concise statement of the relevant facts claimed by the moving party not previously set forth that respond to the opposing party's statement of facts and argument citing authority rebutting the new matter;(e)(1)(C) objections to evidence in the memorandum opposing the motion, citing authority for the objection; and(e)(1)(D) response to objections made in the memorandum opposing the motion, citing authority for the response.(e)(2) If the moving party cites documents, interrogatory answers, deposition testimony, or other discovery materials, relevant portions of those materials must be attached to or submitted with the memorandum.(f) Objection to evidence in the reply memorandum; response. If the reply memorandum includes an objection to evidence, the nonmoving party may file a response to the objection no later than 7 days after the reply memorandum is filed. If the reply memorandum includes evidence not previously set forth, the nonmoving party may file an objection to the evidence no later than 7 days after the reply memorandum is filed, and the moving party may file a response to the objection no later than 7 days after the objection is filed.(g) Request to submit for decision. When briefing is complete or the time for briefing has expired, either party may file a "Request to Submit for Decision", but, if no party files a request, the motion will not be submitted for decision. The request to submit for decision must state whether a hearing has been requested and the dates on which the following documents were filed: (g)(2) the memorandum opposing the motion, if any;(g)(3) the reply memorandum, if any; and(g)(4) the response to objections in the reply memorandum, if any.(h) Hearings. The court may hold a hearing on any motion. A party may request a hearing in the motion, in a memorandum or in the request to submit for decision. A request for hearing must be separately identified in the caption of the document containing the request. The court must grant a request for a hearing on a motion under Rule 56 or a motion that would dispose of the action or any claim or defense in the action unless the court finds that the motion or opposition to the motion is frivolous or the issue has been authoritatively decided. A motion hearing may be held remotely, consistent with the safeguards in Rule 43(b).(i) Notice of supplemental authority. A party may file notice of citation to significant authority that comes to the party's attention after the party's motion or memorandum has been filed or after oral argument but before decision. The notice must state the citation to the authority, the page of the motion or memorandum or the point orally argued to which the authority applies, and the reason the authority is relevant. Any other party may promptly file a response, but the court may act on the motion without waiting for a response. (j) Orders.(j)(1) Decision complete when signed; entered when recorded. However designated, the court's decision on a motion is complete when signed by the judge. The decision is entered when recorded in the docket.(j)(2) Preparing and serving a proposed order. Within 14 days of being directed by the court to prepare a proposed order confirming the court's decision, a party must serve the proposed order on the other parties for review and approval as to form. If the party directed to prepare a proposed order fails to timely serve the order, any other party may prepare a proposed order confirming the court's decision and serve the proposed order on the other parties for review and approval as to form.(j)(3) Effect of approval as to form. A party's approval as to form of a proposed order certifies that the proposed order accurately reflects the court's decision. Approval as to form does not waive objections to the substance of the order.(j)(4) Objecting to a proposed order. A party may object to the form of the proposed order by filing an objection within 7 days after the order is served.(j)(5) Filing proposed order. The party preparing a proposed order must file it: (j)(5)(A) after all other parties have approved the form of the order (The party preparing the proposed order must indicate the means by which approval was received: in person; by telephone; by signature; by email; etc.);(j)(5)(B) after the time to object to the form of the order has expired (The party preparing the proposed order must also file a certificate of service of the proposed order.); or(j)(5)(C) within 7 days after a party has objected to the form of the order (The party preparing the proposed order may also file a response to the objection.).(j)(6) Proposed order before decision prohibited; exceptions. A party may not file a proposed order concurrently with a motion or a memorandum or a request to submit for decision, but a proposed order must be filed with: (j)(6)(A) a stipulated motion;(j)(6)(B) a motion that can be acted on without waiting for a response;(j)(6)(C) an ex parte motion;(j)(6)(D) a statement of discovery issues under Rule 37(a); and(j)(6)(E) the request to submit for decision a motion in which a memorandum opposing the motion has not been filed.(j)(7) Orders entered without a response; ex parte orders. An order entered on a motion under paragraph (l) or (m) can be vacated or modified by the judge who made it with or without notice.(j)(8) Order to pay money. An order to pay money can be enforced in the same manner as if it were a judgment.(k) Stipulated motions. A party seeking relief that has been agreed to by the other parties may file a stipulated motion which must: (k)(1) be titled substantially as: "Stipulated motion" [short phrase describing the relief requested];(k)(2) include a concise statement of the relief requested and the grounds for the relief requested;(k)(3) include a signed stipulation in or attached to the motion and;(k)(4) be accompanied by a request to submit for decision and a proposed order that has been approved by the other parties.(l) Motions that may be acted on without waiting for a response. (l)(1) The court may act on the following motions without waiting for a response: (l)(1)(A) motion to permit an over-length motion or memorandum;(l)(1)(B) motion for an extension of time if filed before the expiration of time;(l)(1)(C) motion to appear pro hac vice;(l)(1)(D)motion for Rule 16 conference; and(l)(1)(E) other similar motions.(l)(2) A motion that can be acted on without waiting for a response must: (l)(2)(A) be titled as a regular motion;(l)(2)(B) include a concise statement of the relief requested and the grounds for the relief requested;(l)(2)(C) cite the statute or rule authorizing the motion to be acted on without waiting for a response; and(l)(2)(D) be accompanied by a request to submit for decision and a proposed order.(m) Ex parte motions. If a statute or rule permits a motion to be filed without serving the motion on the other parties, the party seeking relief may file an ex parte motion which must: (m)(1) be titled substantially as: "Ex parte motion" [short phrase describing the relief requested];(m)(2) include a concise statement of the relief requested and the grounds for the relief requested;(m)(3) cite the statute or rule authorizing the ex parte motion;(m)(4) be accompanied by a request to submit for decision and a proposed order.(n) Motion in opposing memorandum or reply memorandum prohibited. A party may not make a motion in a memorandum opposing a motion or in a reply memorandum. A party who objects to evidence in another party's motion or memorandum may not move to strike that evidence. Instead, the party must include in the subsequent memorandum an objection to the evidence.(o) Overlength motion or memorandum. The court may permit a party to file an overlength motion or memorandum upon a showing of good cause. An overlength motion or memorandum must include a table of contents and a table of authorities with page references.(p) Limited statement of facts and authority. No statement of facts and legal authorities beyond the concise statement of the relief requested and the grounds for the relief requested required in paragraph (c) is required for the following motions: (p)(1) motion to allow an over-length motion or memorandum;(p)(2) motion to extend the time to perform an act, if the motion is filed before the time to perform the act has expired;(p)(3) motion to continue a hearing;(p)(4) motion to appoint a guardian ad litem;(p)(5) motion to substitute parties;(p)(6) motion to refer the action to or withdraw it from alternative dispute resolution under Rule 4-510.05;(p)(7) motion for a conference under Rule 16; and(p)(8) motion to approve a stipulation of the parties.(q)Length of Filings.(q)(1) Unless one of the following filings complies with the page limits set forth below, it must comply with the corresponding word limits: Type of Filing | Page Limit | Word Limit |
Motion for Relief Authorized by Rule 12(b), 12(c), 56, or 65A | 25 | 9,000 |
All Other Motions | 15 | 5,400 |
Memorandum Opposing Motion Authorized by Rule 12(b), 12(c), 56, or 65A | 25 | 9,000 |
Memorandum Opposing All Other Motions | 15 | 5,400 |
Reply Memorandum Supporting Motion for Relief Authorized by Rule 12(b), 12(c), 56, or 65A | 15 | 5,400 |
Reply Memorandum Supporting All Other Motions | 10 | 3,600 |
Objection and Response under Rule 7(f) | 3 | 1,100 |
Notice of Supplemental Authority and Response under Rule 7(i) | 2 | 700 |
Statement of Discovery Issues and Objection under Rule 37(a)(2) and 37(a)(3) | 4 | 1,500 |
(q)(2) The word and page limits in this rule exclude the following: caption, table of contents, table of authorities, signature block, certificate of service, certification, exhibits, and attachments.(q)(3) Any filer relying on the word limits in this rule must include a certification that the document complies with the applicable word limit and must state the number of words in the document.Last amended March 17, 2017, effective 5/1/2017; amended effective 5/1/2021; amended April 14, 2021, effective 5/1/2021; amended January 18, 2023, effective 5/1/2023.