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Court Rules

California Rules of Court

Rule 3.1114. Applications, motions, and petitions not requiring a memorandum

Cal. Rules of Court, rule 3.1114

Current text effective January 1, 2011.

#(a) Memorandum not required

Civil motions, applications, and petitions filed on Judicial Council forms that do not require a memorandum include the following:

#(1) Application for appointment of guardian ad litem in a civil case;

#(2) Application for an order extending time to serve pleading;

#(3) Motion to be relieved as counsel;

#(4) Motion filed in small claims case;

#(5) Petition for change of name or gender;

#(6) Petition for declaration of emancipation of minor;

#(7) Petition for injunction prohibiting harassment;

#(8) Petition for protective order to prevent elder or dependent adult abuse;

#(9) Petition for order to prevent postsecondary school violence;

#(10) Petition of employer for injunction prohibiting workplace violence;

#(11) Petition for order prohibiting abuse (transitional housing);

#(12) Petition to approve compromise of claim of a minor or a person with a disability; and

#(13) Petition for withdrawal of funds from blocked account.

#

(Subd (a) amended effective January 1, 2011; previously amended effective January 1, 2007.)

#(b) Submission of a memorandum

Notwithstanding (a), if it would further the interests of justice, a party may submit, or the court may order the submission of, a memorandum in support of any motion, application, or petition. The memorandum must comply with rule 3.1113.

#

(Subd (b) amended effective January 1, 2007.)

#History

Rule 3.1114 amended effective January 1, 2011; adopted as rule 314 effective January 1, 2004; previously amended and renumbered effective January 1, 2007.

What this rule requires

Document Filing Requirements

  • (1) Application for appointment of guardian ad litem in a civil case;

  • (2) Application for an order extending time to serve pleading;

  • (3) Motion to be relieved as counsel;

  • (4) Motion filed in small claims case;

  • (5) Petition for change of name or gender;

  • (6) Petition for declaration of emancipation of minor;

  • (7) Petition for injunction prohibiting harassment;

  • (8) Petition for protective order to prevent elder or dependent adult abuse;

  • (9) Petition for order to prevent postsecondary school violence;

  • (10) Petition of employer for injunction prohibiting workplace violence;

  • (11) Petition for order prohibiting abuse (transitional housing);

  • (12) Petition to approve compromise of claim of a minor or a person with a disability; and

  • (13) Petition for withdrawal of funds from blocked account.

  • Notwithstanding (a), if it would further the interests of justice, a party may submit, or the court may order the submission of, a memorandum in support of any motion, application, or petition.

  • The memorandum must comply with rule 3.1113.

Official text: courts.ca.gov , checked October 19, 2026.