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Jan 1, 2024 · Local Rules of Court. This site contains the current edition of the Local Rules of the Superior Court, County of Orange. They are subject to change due to changes in statewide rules, statutes, or local business practices. The effective date of these rules is January 1, 2024.
- County of Orange
State Judicial Council Approved Forms: All statewide...
- LOCAL RULES
LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE...
- County of Orange
LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE (issued 01/01/24) i TABLE of CONTENTS . Page Civility Guidelines..... 1 . Division 1 Court Organization and Governance ..... 1-1 . Chapter 1.
- Timing
- Meet and Confer
- Rules and Requirements
- Moving Papers
- Memorandum of Points and Authorities
- Evidence
- Additional Documents
- Filing
- Hearing and Disposition
Applicable Statute, Rule or Case Law
This SmartRules Guide covers generally applicable rules of motion practice in the referenced court. To find timing requirements for specific types of motions, consult the SmartRules Guide for the specific motion type desired, or the relevant statutes, rules and case law. > > Read More..
Extensions For Traditional Mail Service
If service is made by mail, service must be made at least 16 courts days before the hearing, plus: 5 calendar days if both the place of mailing and the place of address are within California, 10 calendar days if either the place of mailing or the place of address is outside California but within the United States, > > Read More.. Extensions For Facsimile or Express Mail Service > > Read More..
Cut-Off Date
Judges often set a motion cut-off date or deadline.
Local Requirements
The parties must meet and confer for the following purposes within 20 days after service of the responsive pleading and thereafter as each defendant responds: To discuss facts that are presently available to support the allegations of the pleadings filed by each party. To discuss possible settlement of the action including possible arbitration. > > Read More..
Applicable Statute, Rules or Caselaw
This SmartRules Guide covers generally applicable rules of motion practice in the Orange County Superior Court. To find information regarding specific types of motions, consult the relevant statutes, rules and case law. > > Read More..
All Purpose Assignment to Judge
Cases which are subject to civil case management will be randomly assigned to a judicial officer for all purposes, who will thereafter handle all proceedings in the case, including but not limited to, law and motion, pretrial (settlement) conferences, in limine motions and the trial. Nothing herein should be construed to interfere with the power of the presiding judge to assign or reassign cases. Orange County LR 303(amended eff 7/1/09). > > Read More..
Local Rule Regarding Designation on Subsequent Documents
All documents filed in cases subject to civil case management, with the exception of the original summons and original civil complaint, must have clearly typed on the face page of each document, under the case number, the following: ASSIGNED FOR ALL PURPOSES TO: JUDICIAL OFFICER (insert name) > > Read More..
Notice of Motion
Every motion must include a written notice of motion that sets forth when and where the motion will be presented, the grounds on which the motion will be made and the papers on which the motion is to be based. CCP § 1010; CRC 3.1112(a) (amended eff 7/1/08) A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order. CRC 3.1110(a) (amended eff 1/1/17) > > Read More..
Required
Every motion must be supported by a memorandum unless the motion is one of the types specifically exempted from this requirement under CRC 3.1114. CRC 3.1112(a) (amended eff 7/1/08), CRC 3.1113(a) (amended eff 1/1/17), CRC 3.1114(a) (amended 1/1/11) To the extent practicable, a memorandum and its supporting declarations should be attached to the notice of motion. CRC 3.1113(j) (amended eff 1/1/17) > > Read More..
Content
The memorandum must contain a statement of facts, and a concise statement of the law, evidence and arguments relied on in support of the position advanced. CRC 3.1113(b) (amended eff 1/1/17) > > Read More..
15 Page Limit on Briefs
Except in a summary judgment or summary adjudication motion, a memorandum of points and authorities in support of a motion may not exceed 15 pages, not including exhibits, declarations, attachments, tables of contents or authorities, or the proof of service. CRC 3.1113(d) (amended eff 1/1/17). The page limit does not include the caption page, the notice of motion and motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service. CRC 3.11...
Written
Papers that may be filed in support of a motion include declarations, exhibits, appendices, and other documents or pleadings. CRC 3.1112(b) (amended eff 7/1/08) 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. CRC 3.1306(a) (amended eff 1/1/17) > > Read More..
Request To Present Testimony
A party wishing to present oral evidence at a hearing must file, no later than 3 court days before the hearing, a written statement setting forth the nature and extent of the evidence proposed to be introduced and a reasonable time estimate for the hearing. CRC 3.1306(b) (amended eff 1/1/17) > > Read More..
Declarations
SeeOrange County SmartRules™ procedural guide: DECLARATIONS.
Proposed Order
A proposed order must be lodged and served as a separate document. The requirements for proposed orders, including the requirements for submitting proposed orders by electronic means, are stated in CRC 3.1312. CRC 3.1113(m) (amended eff 1/1/17) > > Read More..
Meet and Confer Statement
The parties must file a joint Meet and Confer Statement within 30 days after service of the responsive pleading. It will be the responsibility of the plaintiff to arrange the conference and to prepare the joint statement, including areas of disagreement. Orange County LR 315.
Method
SeeOrange County SmartRules™ procedural guide: FILING DOCUMENTS.
Mandatory Electronic Filing Mandatory
Electronic filing is mandatory for represented parties in all limited, unlimited, and complex civil actions. Orange County LR 352. For more detailed information requirements, SeeOrange County SmartRules™ procedural guide: FILING DOCUMENTS. > > Read More..
Filing Fee
The Orange County fee schedule is on the court's website. > > Read More..
Appearance at the Hearing
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. The court must rule on the motion as if the party had appeared. If a party fails to appear at a law and motion hearing without having given notice, the court may take the matter off calendar, to be reset only upon motion, or may rule on the matter. CRC 3.1304(c) & (d) (amended eff 1/1/16) Matter Not To Be Heard The moving party must...
Tentative Rulings
Those tentative rulings which are posted on the Internet may be viewed on the court's website. In addition, tentative rulings on unlimited civil cases may be obtained by calling the clerk of the courtroom where the case is assigned, or the Clerk’s Office if the case is a limited civil action, after 3:00 p.m. on the court day before the scheduled hearing. Orange County LR 382(amended eff 7/1/09). > > Read More.. NEW RULE AMENDMENTS EFFECTIVE AUGUST 4, 2023
Telephonic Appearance
Telephonic appearance for civil hearings is generally allowed. CRC 3.670(a) & (c) (amended 1/1/23). Circumstances under which in-person appearances are required can be found at CRC 3.672(d). > > Read More.. NEW RULE AMENDMENTS EFFECTIVE JULY 1, 2023
Chair, Rules and Forms Committee. Superior Court, County of Orange. P. O. Box 6000. 341 The City Drive. Orange, CA 92863-6000. Please contact RulesandForms@occourts.org if you require additional information.
Local Rules Updates for the New Year. The Superior Court of California, County of Orange, has adopted new and revised local rules. A majority of the judges approved the rules in October. (Code Civ. Proc., § 575.1.) The rules will be effective Jan. 1, 2023. Rule 375 – Remote and In-Person Proceedings for Civil (Revised)
Jul 1, 2019 · Orange County LR 352 (amended eff 7/1/19). Self-represented parties are exempt from the mandatory electronic filing requirement set forth in Orange County Superior Court Local Rules 352, but are strongly encouraged to participate voluntarily in electronic filing and service. Orange County LR 352 (amended eff 7/1/19).
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