Motion Practice
C.D. Cal. — CDCA uses a party-selects model — you pick a date from your assigned judge's motion calendar and designate it in your notice of motion.
CDCA uses a party-selects model — you pick a date from your assigned judge's motion calendar and designate it in your notice of motion. File notice 28 days before hearing (31 if served by mail). The Court may decline any motion that doesn't comply with L.R. 7-3 through 7-8, including the meet-and-confer requirement. L.R. 6-1 through 7-18.
| Step | Rule | Details |
|---|---|---|
| Check judge's motion calendar | Judges' Procedures & Schedules page | Each judge publishes open motion days. |
| File notice of motion | L.R. 6-1 | Must designate hearing date and time. Filed 28 days before hearing (31 if served by mail). |
| Include hearing info on every document | L.R. 7-4 | First page must show hearing date, time, and judge's name. |
| Oral argument | L.R. 7-15 | Can waive with Court's consent. Notify clerk by noon, 5 days before hearing. |
| Failure to appear | L.R. 7-14 | May be deemed consent to adverse ruling. |
Key point: The Court may decline to consider any motion that doesn't comply with L.R. 7-3 through 7-8 (L.R. 7-4).
Ex Parte Applications (L.R. 7-19)
Must include: name/address/phone/email of opposing counsel, reasons for ex parte relief, points and authorities. Must lodge proposed order. Must make reasonable efforts to orally advise opposing counsel (L.R. 7-19.1).
Motion for Reconsideration (L.R. 7-18)
Grounds: (a) new fact/law not known with reasonable diligence, (b) new facts/law after the order, (c) manifest failure to consider material facts. Deadline: 14 days after entry. Cannot repeat prior arguments.