Thursday, November 27, 2014

What is the page limit for a motion for reconsideration in a superior court?

Question

What is the page limit for a motion for reconsideration in a superior court?



Answer

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 exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service. (Cal. Rules of Court, rule 3.1113.)

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.



Answer

Mr. Roach is right as to what the code says about page limits, but unless you either have new evidence that will change the outcome AND that you can prove it was IMPOSSIBLE to put before the court in the original proceeding, OR the law has changed and expressly was made retroactive, the answer is ZERO. It is impermissible to file a motion for reconsideration unless you can demonstrate one of those things. If you just think the court was wrong, your remedy is appeal if it is a judgment or an appealable order, or petitioning the court of appeals for a writ of mandate if it is not an appealable outcome.



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