Rule 3.1113.Memorandum

Division 11. Law and Motion · Chapter 2. Format of Motion Papers · Last amended 2017 · Last verified July 29, 2026

In one sentenceRule 3.1113 requires most motions to include a supporting memorandum, sets its required content and case-citation format, caps its length at 15, 20, or 10 pages depending on the motion type, and lays out how to seek permission to exceed those limits.

Full Text of Rule 3.1113

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m)

(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 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. (Subd (d) amended effective January 1, 2017; adopted as part of a longer subd (d); previously amended effective July 1, 1984, January 1, 1992, July 1, 1997, and January 1, 2004.)

(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.)

(h) Pagination of memorandum The pages of a memorandum must be numbered consecutively beginning with the first page and using only Arabic numerals (e.g., 1, 2, 3). The page number may be suppressed and need not appear on the first page. (Subd (h) amended effective January 1, 2017; adopted as subd (e) effective July 1, 2000; previously amended and relettered as subd (f) effective January 1, 2004, and as subd (h) effective January 1, 2007.)

(i) Copies of authorities

(1) A judge may require that if any authority other than California cases, statutes, constitutional provisions, or state or local rules is cited, a copy of the authority must be lodged with the papers that cite the authority. If in paper form, the authority must be tabbed or separated as required by rule 3.1110(f)(3). If in electronic form, the authority must be electronically bookmarked as required by rule 3.1110(f)(4).

(2) If a California case is cited before the time it is published in the advance sheets of the Official Reports, the party must include the title, case number, date of decision, and, if from the Court of Appeal, district of the Court of Appeal in which the case was decided. A judge may require that a copy of that case must be lodged. If in paper form, the copy must be tabbed or separated as required by rule 3.1110(f)(3). If in electronic form, the copy must be electronically bookmarked as required by rule 3.1110(f)(4).

(3) Upon the request of a party to the action, any party citing any authority other than California cases, statutes, constitutional provisions, or state or local rules must promptly provide a copy of such authority to the requesting party. (Subd (i) amended effective January 1, 2017; adopted as part of subd (e) effective January 1, 1992; previously amended and relettered as subd (h) effective January 1, 2004, and as subd (j) effective January 1, 2007; previously relettered as part of subd (f) effective July 1, 2000, and as subd. (i) effective January 1, 2008; previously amended effective July 1, 1997, July 1, 2011, and January 1, 2016.)

(j) Attachments To the extent practicable, all supporting memorandums and declarations must be attached to the notice of motion. (Subd (j) relettered effective January 1, 2008; adopted as subd (f) effective July 1, 1997; previously relettered as subd (g) effective July 1, 2000; previously amended and relettered as subd (i) effective January 1, 2004, and as subd (k) effective January 1, 2007.)

(k) Exhibit references All references to exhibits or declarations in supporting or opposing papers must reference the number or letter of the exhibit, the specific page, and, if applicable, the paragraph or line number. (Subd (k) relettered effective January 1, 2008; adopted as subd (g) effective July 1, 1997; previously relettered as subd (h) effective July 1, 2000, and as subd (l) effective January 1, 2007; previously amended and relettered as subd (j) effective January 1, 2004.)

(l) Requests for judicial notice Any request for judicial notice must be made in a separate document listing the specific items for which notice is requested and must comply with rule 3.1306(c). (Subd (l) relettered effective January 1, 2008; adopted as subd (h) effective July 1, 1997; relettered as subd (i) effective July 1, 2000; previously amended effective January 1, 2003; previously amended and relettered as subd (k) effective January 1, 2004, and as subd (m) effective January 1, 2007.)

(m) Proposed orders or judgments If a proposed order or judgment is submitted, it must be lodged and served with the moving papers but must not be attached to them. The requirements for proposed orders, including the requirements for submitting proposed orders by electronic means, are stated in rule 3.1312. (Subd (m) amended effective January 1, 2016; adopted as subd (i) effective July 1, 1997; previously amended and relettered as subd (l) effective January 1, 2004; previously relettered as subd (j) effective July 1, 2000, as subd (n) effective January 1, 2007, and as subd (m) effective January 1, 2008.)

End

Plain-English Summary

Rule 3.1113 is the rule that decides how long, and how detailed, a motion brief can be. Every motion needs a supporting memorandum unless Rule 3.1114 says otherwise, and skipping one is risky: a court can treat a missing memorandum as an admission that the motion lacks merit and deny it on that basis alone. The memorandum itself has to lay out the facts, state the law concisely, and walk through the statutes, cases, and other authorities the party is relying on — and any case citation only needs the official report volume, page number, and year of decision, since courts cannot demand a different citation format.

Length limits do most of the real work in this rule. An opening or responding memorandum tops out at 15 pages, except for summary judgment or summary adjudication motions, which get 20; reply memoranda are capped at 10. None of those page counts include the caption page, notice of motion, exhibits, declarations, attachments, or the tables of contents and authorities. A party that needs more room can ask the court ex parte — with 24 hours’ written notice to the other side — and has to explain why the argument cannot fit within the limit. Any memorandum running past 10 pages needs a table of contents and table of authorities, and past 15 pages it also needs an opening summary of the argument; file an oversized memorandum without permission, and the court treats it like a late-filed paper.

The remaining subdivisions round out the mechanics: unpublished or hard-to-find authorities may need to be lodged with the court and shared with other parties on request; supporting papers should be attached to the notice of motion where practical; every reference to an exhibit or declaration needs to point to a specific page and, where relevant, paragraph or line; requests for judicial notice must be made in their own document under Rule 3.1306(c); and any proposed order gets lodged and served separately rather than attached to the moving papers, following the submission procedure in Rule 3.1312.

Advisory Committee Comment

The following comment is published by the Judicial Council of California alongside the rule itself — not commentary from this site.

See also rule 1.200 concerning the format of citations.

Frequently Asked Questions

How long can my summary judgment brief be?

Up to 20 pages for an opening or responding memorandum in a summary judgment or summary adjudication motion. Rule 3.1113(d) caps most other opening or responding memoranda at 15 pages and reply memoranda at 10.

What happens if I file a memorandum longer than the page limit?

Rule 3.1113(g) treats an oversized memorandum as a late-filed paper, meaning it gets filed and considered under whatever rules govern late filings rather than being rejected outright.

How do I get permission to file a longer memorandum?

Apply to the court ex parte, with written notice to the other parties at least 24 hours before the memorandum is due, and explain in the application why the argument cannot be made within the normal page limit.

What citation format does a California court require for cases?

Rule 3.1113(c) requires only the official report volume, page number, and year of decision. A court cannot insist on any other citation format.

Amendment History

Rule 3.1113 amended effective January 1, 2017; adopted as rule 313 effective January 1, 1984; previously amended and renumbered as rule 3.1113 effective January 1, 2007; previously amended effective July 1, 1984, January 1, 1992, July 1, 1997, July 1, 2000, January 1, 2003, January 1, 2004, January 1, 2008, July 1, 2011, and January 1, 2016.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified July 29, 2026. · Official source

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