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Court Rules

California Rules of Court

Rule 4.111. Pretrial motions in criminal cases

Cal. Rules of Court, rule 4.111

Current text effective January 1, 2010.

#(a) Time for filing papers and proof of service

Unless otherwise ordered or specifically provided by law, all pretrial motions, accompanied by a memorandum, must be served and filed at least 10 court days, all papers opposing the motion at least 5 court days, and all reply papers at least 2 court days before the time appointed for hearing. Proof of service of the moving papers must be filed no later than 5 court days before the time appointed for hearing.

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(Subd (a) amended effective January 1, 2010; previously amended effective January 1, 2007.)

#(b) Failure to serve and file timely points and authorities

The court may consider the failure without good cause of the moving party to serve and file a memorandum within the time permitted as an admission that the motion is without merit.

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

#History

Rule 4.111 amended effective January 1, 2010; adopted as rule 227.5 effective January 1, 1985; previously renumbered effective January 1, 2001; previously amended effective January 1, 2007.

What this rule requires

Filing Timing and Cure Windows

  • Unless otherwise ordered or specifically provided by law, pretrial motions accompanied by a memorandum must be filed at least 10 court days before the hearing.

    The rule's wording

    Unless otherwise ordered or specifically provided by law, all pretrial motions, accompanied by a memorandum, must be served and filed at least 10 court days, all papers opposing the motion at least 5 court days, and all reply papers at least 2 court days before the time appointed for hearing.
  • Proof of service of the moving papers must be filed no later than 5 court days before the time appointed for hearing.

  • The court may consider the failure without good cause of the moving party to serve and file a memorandum within the time permitted as an admission that the motion is without merit.

Service and Proof of Service Rules

  • Unless otherwise ordered or specifically provided by law, pretrial motions accompanied by a memorandum must be served at least 10 court days before the hearing.

    The rule's wording

    Unless otherwise ordered or specifically provided by law, all pretrial motions, accompanied by a memorandum, must be served and filed at least 10 court days, all papers opposing the motion at least 5 court days, and all reply papers at least 2 court days before the time appointed for hearing.
  • Proof of service of the moving papers must be filed no later than 5 court days before the time appointed for hearing.

Document Filing Requirements

  • Unless otherwise ordered or specifically provided by law, a memorandum must accompany each pretrial motion.

    The rule's wording

    Unless otherwise ordered or specifically provided by law, all pretrial motions, accompanied by a memorandum, must be served and filed at least 10 court days, all papers opposing the motion at least 5 court days, and all reply papers at least 2 court days before the time appointed for hearing.

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